Hi,

We have received a court summons for unpaid Council Tax. Just wondering what happend during the hearing and how they will go about reclaiming their money.

Is it worth arranging a payment plan with the Council before it gets to the hearing?

The trouble we have is that it is due to one person (I share with 2 other people) not paying their share... and then lying about it to us in November, that we have now owe the full amount.

Also (because the woman at the Council office was slightly unhelpful) as our tenancy ends on the 29th January we are still liable to pay the full amount?

Any help would be gratefully received as I'm tearing my hair out over this!!

Thank you

At this stage, unless you pay in full before the court date,the council will still apply for the liability order.

The Liability Order will allow the council to setup an attachment of earnings/benefit or issue the account to a bailiff in the first instance.

Once an account has been been to a bailiff then if the bailiff return the account without having collected in full then the council gain the extra options of a charging order on a property, bankruptcy or committal to prison.

The council will usually however still allow a reasonable payment arrangement in the first instance before considering the other options made available by the Liability Order however you must be aware that the method of recovery is the council's choice and they do not have to accept a payment arrangement.

At the moment the liability order will be granted on the remaining balance to the year end however if you leave at the end of January the balance outstanding will be adjusted to take this in to account.

The court hearing is for a liability order, that is to confirm that you are liable to pay council tax. There is absolutely no point in attending unless you can prove without a doubt that you are not liable for council tax ie; that you are exempt.

The judge cannot take into account your ability to pay and this is not what it's for, it is to give the council the authority to demand in another way as SS says above.

No matter what you do now, you will have the court fees added to the bill.

As soon as the liability order has been granted, ring or visit the council and they will come to a payment agreement with you.

If you fail to keep up the agreed payments, bailiffs will be sent to your house to collect the full outstanding amount or to levy on your effects.

Don't let them in, they can't force their way in. If you have a car, move it or they will levy on that.

You will, of course, get bailiff fees added on as well if they have to call.