Council tax going to court?

Annabel10 · 6 January 2018 at 12:05PM

Hi all,
So a little while back I got into some trouble with paying my council tax. I came to an arrangement with the council to pay back £120 each month, on the 1st. I have been paying each month, but to be honest, I forget to pay it, and will pay it at some point during the month. However, I have paid every month so far. This morning, I have received a cancellation notice of the payment plan from the council, and they are threatening court action! As you can imagine, this is stressing me out massively. I'm just about to start a new job, so I don't need this hassle as well! I wanted to know, can they take action even though I am making payments? And will they let me set up a new payment plan? I have some mental health issues, so I would not cope well with bailiffs, and I just want to get this sorted out.
Thanks

27cool · 6 January 2018 at 12:16PM

So you made an arrangement to pay a specific amount on a specific date and then chose to ignore the arrangement.
Why would you not just set up a standing order or direct debit arrangement.
This would remove any risk of not paying on time, and thus also, the stress of the threat of court action.
You have a problem entirely of your own making and easily solved.

Naf · 6 January 2018 at 12:16PM

All you can do is talk to them, as how lenient they are will depend upon the council. But I wouldn't worry too much as going to court doesn't lead immediately to bailiffs or anything like that - but it is going to add some costs.

You say they are threatening court action - what have they actually said?

I got into a mess with mine a few years back, and my council wouldn't enter into any payment arrangement until after it had gone to court - so you're lucky to have had that option as it is. Whether they'll let you set up a new plan before now going to court will again depend on them.

I'm guessing that this has not been to court previously, in which case you don't need to turn up unless you want to argue that you don't owe the amount for some reason. The county court will simply rule that you are indeed legally liable for it, and issue the council with documentation. This then gives the council further options such as attachment to earnings which they can use to reclaim the debt.

Your best course of action is to contact them and talk about it. You should get a new payment plan even if that only happens after the court date, and you need to stick to it rigidly this time.

Annabel10 · 6 January 2018 at 1:02PM

I understand what you are saying 27cool, however my council did not allow either of these options and instead instructed me to pay on their website. I am forgetful, I can't help that, it's a side effect of my illness, but I am making repayments every month, even if I am making them a couple of days later than promised. I would also remind you that this thread is for 'support and help not judgement'. I know I made a mistake, however you reminding me of that fact and providing little constructive advice is useless to me.

Tigsteroonie · 6 January 2018 at 1:09PM

Annabel10 wrote: »

I am forgetful, I can't help that, it's a side effect of my illness, but I am making repayments every month,

I find using a calendar app on my phone really useful for remembering things like this

Perhaps you could consider similar?

Annabel10 · 6 January 2018 at 1:13PM

Thankyou, I will look into it. My boyfriend has also just suggested a notification app called Wunderlist, so I'm going to give that a try too 😊

Gemsy81 · 6 January 2018 at 9:51PM

Without trying to worry you, depending on the council you need to sort it ASAP, if it is still the council contacting you, then great, as they will let you set up the arrangement again, even if they go to court it doesn’t show on your credit file, it is not a ccj. But don’t ignore that. I once totally forgot a council tax bill on an unoccupied property until the bailiffs turned up. I had been away and hadn’t opened the post, it’s not an experience I would want to repeat! Remember council tax is a priority debt.
Just keep in contact with them.

Karonher · 6 January 2018 at 11:49PM

Knowing you have a problem remembering things should mean that you set up payments so that they are not missed. It does seem that you will do that, but you cant just pass missed payments off as part of an illness and expect people to accept that when there is an option. How many times do you think councils hear what you are saying.

This is a priority debt as Gemsy81 said and needs to be taken seriously and hopefully you will get the chance to make monthly payments.

Fosterdog · 7 January 2018 at 9:00AM

Another thing to add to the setting a reminder, even though they have said they are cancelling the payment plan, unless you get a court date soooner, continue with the £120 a month on Feb 1st and every month after. If it does go to court it shows them that you are willing to pay and stick to the agreed payment plan (albeit later than you should have stuck to it) and they may agree to just allow payments to continue at the current rate with no additional charges added.

How much do you owe, how long have you been paying the £120 a month and how many payments are left?

fatbelly · 7 January 2018 at 9:08AM

Usually a council will have their bank details somewhere on their website. If the council are being funny about setting up a payment plan, or like this one saying you can only pay online (and that is difficult for you), then try to find those details or ask for them specifically.

You can then set up payments using your council tax account number as the reference.

If you have already lost the right to pay in instalments, then set up a payment plan and failed to keep to it, then yes they may well want a court order before formally agreeing another plan. Try to set up another plan but pay them anyway.

Council tax going to court?

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