A summons arrived today from the council that sends an old lady to prison and now has decided to let her off completely!.

http://www.thisisderbyshire.co.uk/displayNode.jsp?nodeId=131596&command=displayContent&sourceNode=124371&contentPK=20774318&folderPk=55129&pNodeId=124522

I must admit that I was shocked to get a summons as I am up to date except for this payment which will be 4 days late when I pay it on Thursday.

Last year they sent me over £200 back 'cos I overpaid ! ,But it all counts for nothing in Derby as the council has now decided to summons everyone for the full amount who pays late, which of course incurs a summons cost of £45.

Does anyone think this charge is lawful or a penalty and should it be added to the amount of council tax I now owe them?

The gentlemen I spoke to was about as much good as a chocolate teapot and just kept repeating his script.

He even asked me how much I would be setting the DD up for ? when surely it's they who set the amount?

The charge is quite lawful - any payment that is not received by the instalment date is late and a reminder can be issued with regards to that instalment.

Somewhere along the line the payment must not have been received within 7 days of the reminder date otherwise the summons could not be issued this early in the year on this years charge.

You need to query it with them.

They say the council has this year chosen to enforce the law in England and Wales that allows them to summons anyone who makes a late monthly payment.

They will summons you for the full amount due plus the £45 summons cost, but then of course let you pay in instalments if you ring them up !

Muppets.

I question the £45 and how much of it is actually for the summons and how much goes into the council coffers.

I believe the fee payable to the magistrates court for a liability order is £3 (three), the rest is added by the council.

In 2007 there was about 4 million liability orders granted so a nice tidy profit of around £200,000,000 for the councils.

If I remember rightly phatram, your a foster carer, I don't suppose that includes the receipt of any benefits does it, or indeed if the receipt of foster carers allowance is classed as a benefit.

If you are, or the allowance is classed as being in receipt of benefits, then you may not be liable for the court fees at all, that would be one in the eye for your council.

How can they issue a court summons for a non payment of four days, it takes longer than that to get the paperwork ready and submit it to the court so they must have mystic meg telling them who will be late paying.

Hi Conniff and thanks for your reply.

We are not in receipt of any benefits other than WFTC's.

My thoughts were more along the lines of the £45 being an unfair penalty as in bank charges.

I have heard this morning that quite a few of these were sent out, it seems to people who do pay but perhaps not always on time or by DD.

I would also have thought that the people of Derby have the right to be notified in advance of such a policy change, so as to avoid being summonsed.

Well I know they print them all out on one big sheet that the courts stamp and not individually, it sounds as this is a penalty charge.

I don't suppose anyone has challenged it, it may be worth a go.

If the banks £25-30 is classed as a penalty, I don't see why the councils £40-70 added charged can't be classed the same.

Even if you paid the outstanding amount, the court fee still stands, with the added fee even if it doesn't go to court, that really does sound like a penalty.

You have about 14 days after the liability order is granted to contact the council and make a payment arrangement with them before it is handed over to the bailiffs.

Bills been paid etc, never fail to pay it although I admit I am sometimes late,but also sometimes early and I always overpay by a few quid by rounding it up to £90 a month instead of £86.

Think I'll write to them and find out how they arrive at the figure of £45.