Summons Despite Offer Of Payment

[Bilgeman]

Briefly, my son missed some Council Tax payments but didn't realise (no need to bore you with details). Upshot was the first he heard of it was a demand for the full amount (700 quid for the remaining balance for the year). He wrote with an offer of settlement which would have amounted to exactly what he would have been paying monthly (and probably what a court would order him to pay anyway?) but they have ignored this and today he received a summons. Is a court going to be happy with the Council's attitude? What to do???

Thanks, anyone...

[Conniff]

The court summons will be for a liabily order, which is just to prove that he is liable.
The judge in liability cases cannot take into account the ability to pay or any reason why, he can only decide if your son is liable for the council tax or not.

There is absolutely no reason to go to the court for this as nothing your son could say can stop the liability order unless he can show that he is not liable.

Liabilty orders are done hundreds at a time and the court does not even look at the names on the list, he just rubber stamps the bottom.

Your son will get the liability result from his council and will then be able to make the council an offer of payment. They will more than likely divide the remaining £700 + fee, by the six month left of the concil tax year and that is what he will pay.

This will not affect his credit rating at all and is not recorded with any credit reference agencies.

So in summary, wait until the liability order is returned from the court and then give the council a ring. He MUST do this by the date shown or it will be handed to bailiffs to collect and I'm sure he does not want that to happen.

[Bilgeman]

Thanks for that. I'm going to ring them today anyway (the council) to ask them why they didn't respond to his offer of payment. I expect to wait most of the morning to be connected and then to be told they can't speak to me without his permission becuase of the Data Protection Act or the fact that I wear different coloured socks to him.

[Conniff]

You will be wasting the cost of a phone call if you do, they have guidelines that they stick to rigidly and you will not get a reply except that he should have rung them when he got the reminder.

This whole liability order rubbish is just a moneymaking scam and for no other reason. Did you know that last year, the councils in England made £200million in fees from getting liability orders?

Just a few years ago, liability orders were unheard of except in a very very few instances, then along came New Labour.

They are probably the only finance department in the whole world that 'want' people to default on their payments.

[Bilgeman]

Hmm! Yes. I think what we'll do is wait until the very last minute and pay the lot off, even if I have to use a credit card. At least that way the scumbags won't get the 50 quid 'charge'

[Conniff]

Originally Posted by Bilgeman

Hmm! Yes. I think what we'll do is wait until the very last minute and pay the lot off, even if I have to use a credit card. At least that way the scumbags won't get the 50 quid 'charge'

Sorry to disappoint but the charge is the first thing they take, you cannot get out of that. If you paid £700, that will first be the fee and then the ct leaving £50 council tax still to be paid.

[Bilgeman]

Bah!! Thought as much. Wouldn't it be a shame if I tripped over their carpet whilst going to pay....

[CONTRACTUALLY]

I was issued with a Statutory Demand and made an application to have the SD set aside. The SD was dismissed and I was ordered to pay costs of GBP975.00. I have since the hearing paid the debt issued on the SD , which now leaves the Costs which I was ordered to pay.
I understand that I can apply to the Court for an instalment plan (FORM N245). Will this protect me from the Claimant serving another SD. The Order was made 7 days ago and I have a further 7 days to pay the Claimant before enforcement of Order.

[CONTRACTUALLY]

I was issued with a Statutory Demand and made an application to have the SD set aside. The SD was dismissed and I was ordered to pay costs of GBP975.00. I have since the hearing paid the debt issued on the SD , which now leaves the Costs which I was ordered to pay.
I understand that I can apply to the Court for an instalment plan (FORM N245). Will this protect me from the Claimant serving another SD. The Order was made 7 days ago and I have a further 7 days to pay the Claimant before enforcement of Order.

[Conniff]

As you only have 7 days to go C you should contact the claimant first and see if they are willing to accept instalments. Because of the time restraint you would be best ringing them so this will still leave you time to ask the court if the claimant refuses.