Council Tax Summons

[Alphageek]

Hi,

About 2 weeks ago I finished paying the arrears on last year's council tax.

I have today received a summons for non-payment of this year's council tax for the full amount due for the year.

The thing is, I have just agreed to move house today and will be leaving my current address within 30 days.

I was just about to write to the council and tell them to issue me with a revised demand. Looks like I was a day or two late.

I will still write to the council informing them of my plans. My question is should I write to the court and ask that the summons be struck out as it is for a false amount?

If that's not grounds, what should I say?

Thanks.

[Hopeful1]

I would imagine it's certainly worth ringing to explain your forthcoming change in circumstances and see what they say. We're not far into the new financial year, so you're not behind with much. Would you be able to offer any form of payment during the course of the 'phone call? It may then be worth asking for written confirmation if an agreement is reached.

Let us know how you get on .

[Alphageek]

Hi Hopful1,

Thanks for your reply.

Yes, I only owe them ~£180.00 so I will probably be able to pay 50% tomorrow (pay day ) and the revised demand balance next month.

I have just found my reminder from them and remember talking to them two weeks ago to clear last year's arrears and writing down their bank details (on the back of their letter) so I could set them up on my internet banking as a payee.

I am sure I will have told them I will start paying this years from the end of this week.

I can't believe they issued this summons.

Will update tomorrow when I have called them.

[Alphageek]

Oh, one more thing.

The summons says

At the court the said council will apply for the following costs as applicable:

For the issue of a Summons 50.00

For the issue of a Liability Order 20.00

I'm sure they will argue the toss about these charges, but I don't feel like paying either of them. What do you think my chances are?

[Trojan1401]

Councils make my blood boil but I won't go into that yet !!

From your post above, the court has advised that the council will apply for the additional costs therefore court has not yet actually ruled. I would do 2 things.

1. Ring court & advise that you are in discussion with council
2. Go to the council offices & make a payment direct to them and get a receipt. Make an offer to pay the arrears if possible spread over the remaining 7 months ( 3rd payment would've been due 1/6 if paying by instalments )

I can't see any reason why they will not accept this. It is in their interest to agree but hey, since when has a Local Authority done the sensible thing !!

[Alphageek]

Thanks Trojan.

I'll update tomorrow.

[sequenci]

Originally Posted by Alphageek

Oh, one more thing.

The summons says

I'm sure they will argue the toss about these charges, but I don't feel like paying either of them. What do you think my chances are?

little or none i would imagine.

council tax is a priority debt, one of the few which people still go to prison over.

[Trojan1401]

IRegarding the charges, my impression is that these have not yet been applied to the "debt" so I would hope that if an agreement can be made with the council then the costs associated with the summons would not be applied.

Perhaps Alphageek could clarify this in due course.

[Alphageek]

What an arrogant, unhelpful and rude bunch this lot are. Anyway, here is a copy of a letter i faxed to the Court this afternoon.

Address


Date


Address
Via e-email:- person@hmcourts-service.gsi.gov.uk

Dear Person,
Summons reference: xxxx


I write further to the above summons received on DATE. I would be grateful if you could pass this statement on to the Judge who will be hearing this case.


The key facts are laid out below.

1. Council Tax 1st Reminder Notice – Non payment dated DATE received by me some days later. Envelope not post-marked.
2. I telephoned the Council Tax department of PLACE Council on the DATE and left a voice mail message on extension 000, that being the extension number given by the signatory of the reminder notice, PERSON.
3. I spoke to PERSON (Council Tax Officer) at the claimants premises on the DATE to make a payment via debit card in relation to clearing the full amount of arrears from last year’s Council Tax demand in the amount of £xx.xx (blah blah sterling)
4. At the conclusion taking this payment, PERSON raised the question of this year’s demand which was in arrears to the amount of £xx.xx (blah blah sterling). I told her I would be able to make payment on DATE, that being the date I would be in receipt of my next salary. To this end, I asked her if there was an alternative way to pay other than using the website www.billpayment.co.uk as I found this inconvenient. After some discussion about me preferring to set them up as a payee on my bank’s internet banking facility she went away and came back with the following details. Bank name – BANK plc, Sort Code – 00-00-00, Account Number – 00000000, Reference to use – 00000000
5. On DATE I receive the above mentioned Summons in connection with non-payment.
6. On DATE I called the Council’s office and spoke to a lady who said she “had been drafted in to the Council Tax department as they were very busy with all the summons that have been sent out”. I explained that on the DATE I had agreed to move house and asked that the council issue a revised demand. She noted the date I am to move and my forwarding address. I raised the subject of withdrawing the summons as it was for an amount that would not become payable and as such was false. She was very unhelpful in regard to how to proceed re the summons and when I pointed this out to her, her attitude switched to one of rudeness. I pointed out she was now being unhelpful and rude and she should be trying to come to an arrangement with me. At no point did she discuss or ask me to make a payment against my account.
7. Without announcing that she was going to do so, she passed me to her supervisor. I made complaint about the previous employee’s attitude and lack of helpfulness in trying to reach a compromise and/or arrangement to the supervisor.
8. The supervisor asked me to repeat the facts so far. I did this for her as the notes on my account were incomplete. I suggested that she should consider withdrawing the summons, to which she replied she would not as it was the council’s duty to collect council tax. I told her I would write to the court and explain that I thought the summons was issued in terrorem and the council may be viewed on this occasion as a vexatious litigant. She invited me to do so. At no point did she discuss or ask me to make a payment against my account until I asked her why neither she nor the previous employee has done so.
9. She offered to transfer the telephone call to the payments department to which I agreed. A few moments later she told me that the department’s lines were all busy “due to the summons being sent out” and she would ask them to call me back. I declined as this would have been inconvenient and agreed to call back later the same day.

SUMMARY of points 1-9
I had agreed on the DATE to make payment, via my internet banking facility, against the 2007 demand on the DATE. I called to discuss and make a payment via debit card on the DATE in response to the summons. No-one asked me to make a payment until I raised the subject. The council were unable to take payment at the time I offered. I have subsequently made a payment of £xx.xx (blah balh sterling) via my internet banking facility as previously arranged (receipt shown below)


[screen shot snip]

10.Notwithstanding the fact that my account is now up to date, I would respectfully ask the Judge to consider whether both parties have actively considered settlement and compromise as an alternative to litigation. As a lay person, I would have expected an organisation the size of PLACE Council that has access to legal representation and countless staff to be aware of their obligations to avoid litigation where possible to avoid wasting the Court’s valuable time.

11.If the Court were to consider the summons was issued in terrorem then I would respectfully request that the case is struck out. As I believe it was issued to bring about a situation (i.e., payment of arrears) which had already been agreed.

12.Alternatively, if the Court were to consider that PLACE Council is acting as a vexatious litigant then I would respectfully request that the case is struck out. Baring in mind I had agreed to a payment schedule and have adhered to my obligations under the agreement.

13.If the Court considers point 10 or 11 to be grounds to strike out the case, then I would respectfully request that the Court admonish the Council on their note keeping procedures.

14.Alternatively, if the Court were to consider that the amount claimed of £xx.xx (blah blah sterling) would never become claimable due to my vacating the property on DATE, then I would respectfully request that the case is struck out as the amount claimed is false.

Additionally, I would respectfully ask the Court to not award costs to PLACE Council in the amounts claimed for issue of Summons and/or issue of a Liability Order as I believe they have used their disproportionate power over me to issue the summons to bring about a situation (i.e., payment of arrears) which had already been agreed and have wasted the Court’s valuable time.

I believe the facts stated above are true.

Alphageek.

Enc/ none
Cc PLACE Council (ctax@PLACE.gov.uk)

[Alphageek]

Hi,

I received my Council Tax Adjustment Notice and they have correctly worked out the amount up until I am to vacate the property and my Single Occupier Discount.

But then the cheeky beggars have put a line for £50 detailed as Recovery costs.

I am going to post this to the Court tomorrow.

Address


Monday, 04 June 2007

The Law Courts


Dear Sir/Madam,
Summons reference: xxx


I write further to my faxed letter (copy enclosed) of Friday, 01 June 2007 in connection with the above summons.


I have today received a Council Tax Adjustment Notice dated 1st June 2007 (copy enclosed) showing the charge due for 1st April 2007 to 7th July 2007 and a line showing the Single Occupier Discount I am entitled to.


There is also a line detailed as Recovery Costs in the amount of £50.00 (fifty pounds sterling) which I take to be the cost detailed on the summons as For the issue of a Summons.


The summons also states that At the court the said council will apply for the following costs as applicable: - I take this to mean that the Court would need to make an order for these costs to become payable.


I find this cost (£50.00 fifty pounds sterling) being included in the Council Tax Adjustment Notice disingenuous at best and falsely claiming money at worst as, to my knowledge, no such order exists. It is also extremely disrespectful that the Council should be anticipating the Court’s actions.


I have written to the Council and asked that they issue a correct Council Tax Adjustment Notice and reminded them of the payment I made against my account on the 1st June in the amount of £xx.xx (blah blah sterling)


I have also given them a further opportunity to withdraw this litigation as I believe the facts before the Court will prove it to be a waste of the Court’s valuable time.


If the council choose not to withdraw their claim, I would respectfully ask the Court to be mindful of their disrespect in anticipating the Court’s actions and in bringing a frivolous case before the Court.


If the Court was minded to agree with the above then I would respectfully ask the Court to not award costs to PLACE Council in the amounts claimed for issue of Summons and/or issue of a Liability Order and strike out the case.


I believe the facts stated above are true.

Alphageek.

Enc/ copy Council Tax Adjustment Notice
copy letter dated 1st June 2007.
Cc PLACE Council (ctax@PLACE.gov.uk)

I feel like putting in my letter to the council that if they send me another adjustment notice detailing charges to which they are not entitled, I'll report them to the local police.

Is that a good idea?

[Alphageek]

This is to the council via email.

Thank you for sending a Council Tax Adjustment Notice in respect of ADDRESS.

I note you have included a line detailed as Recovery Costs in the amount of £50.00 on the notice.


I am surprised an experienced department the size of PLACE Council's Council Tax department would include monies to which they are not entitled to claim without a relevant court order.

It is quite clear on the summons document itself and your very own document entitled COUNCIL TAX SUMMONS GUIDANCE NOTES that you would have to obtain an order from the Court to be entitled to claim this money.

To my knowledge no such order was in existence at the time you produced the Adjustment Notice and therefore must assume you are attempting to claim money you are not entitled to claim. I have informed the Court of your action (copy letter attached).

Please send me a correct Adjustment Notice at your earliest convenience.

With regard to the summons, I again ask you to bear in mind the sum outstanding now I have made remittance of £xx.xx and to not waste the Court's time in a frivolous action.

Regards,


Alphageek

[Alphageek]

Posted letter to Court this morning, 1st class.

Do you think I should attend court on the appointed date?

[Alphageek]

Received an email from the council today

Dear Alphageek

I refer to your recent correspondence, both to PLACE Council, and the Law Courts at PLACE relating to the payment of Council Tax on ADDRESS.

An inspection of your account would indicate that a reminder for non payment of April and May instalments was issued on the xth May and because payment was not made by the due date a summons was issued for the full years amount. The notes accompanying the summons referred to costs of £50.00 for the issue of the summons. The costs become due once the summons have been issued, and the Council would ask the Court to grant these costs at the Liability Order hearing, along with additional costs for the issue of the Liability Order. Even though a customer may have brought their account up to date the Council could/would apply to the magistrates for the summons costs.

However, having taken into account the points that you have raised I am prepared in this instance to cancel the costs and remove your name from any list that will appear at Court on the xth June. In doing so I would expect that you make payment in accordance with the revised notification in your possession.

I trust that this now resolves the issue but should you wish to discuss the matter further please contact me direct

Regards

PERSON
Revenues Manager
PLACE Council
e-mail PERSON@PLACE.gov.uk
Tel: xxx
Fax: xxx

So I guess that's saved me £70.00! Made donation to the site already.

Thanks to all for your help and encouragement.

[389shell]

Excellent result, well done with your persistance!

[Hopeful1]

Well done, Alphageek! I've been reading the thread with interest because i did not think the council would budge.

Good on ya for persevering - what a satisfying result