Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    mooshy Novitiate

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    Default council tax court summons-help please

    I cancelled my dd for council tax a couple of months ago as i knew there wasn`t enough in bank to honour dd.I meant to set it back up again when my salary went it but never did.I have missed about 3 months.
    Just returned from holidayicon to find a court sommons for Sept for the full amount !
    Do i have to go to court and will they not just let me reinstate the dd for a higher amount so it is still all paid end Feb ?

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  2. #2
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    Default Re: council tax court summons-help please

    once they have issued court proceedings they wont go back to a payment plan.
    If you go to court you can offer a payment schedule but will have to stick rigidly to it as the courts dont like being messed about.
    You do not however have to attend. If you dont though they will judge against you and the next step for them is bailliffs.
    The only other alternative i can think of is to pay in full before the court date.

    A & L SETTLED IN FULL
    Spml Reluctantly withdrawn

    Blackarse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED

  3. #3
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    Default Re: council tax court summons-help please

    But the full amount is 1000 !
    It says in the small print i dont have to attend if i agree with the amount which obviously i do.
    Cant i just agree to a payment schedule out of court ?


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    Default Re: council tax court summons-help please

    you can try but i dont hold out much hope now that they have issued proceedings.
    your only course of action seems to be to go to court and make an arrangement with the court.

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  5. #5
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    Default Re: council tax court summons-help please

    If you ring the Council, they will probably agree a payment plan that will need to finish before the end of the tax year (IOW, they won't let you go into next year with arrears).

    They will still continue to Court to obtain the liability order. Once they have this, if you deviate from the agreed plan then they can immediately go for the full amount owing and baliffs without further reference to the Court.


  6. #6
    Zooman
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    Default Re: council tax court summons-help please

    Quote Originally Posted by patdavies
    If you ring the Council, they will probably agree a payment plan that will need to finish before the end of the tax year (IOW, they won't let you go into next year with arrears).

    They will still continue to Court to obtain the liability order. Once they have this, if you deviate from the agreed plan then they can immediately go for the full amount owing and bailiffsicon without further reference to the Court.
    Spot on. Do not worry about the liability order now, you have to try to get them not to take you as it costs money but the bailiffsicon will not call if you do the above and as said I also doubt they will pull it back now.


  7. #7
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    Default Re: council tax court summons-help please

    This happened to me last year. I got behind and had a court summons. All I ever did was pay late due to my pay dates not being in sync with the 2nd of every month. I went to court but prior to going in, I was called to another office and Guildford Council offered me a payment plan up to the end of March. It is worth going to see if you can get the same.


  8. #8
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    Default Re: council tax court summons-help please

    Hi, as most people have said, contact the council. I know that with my local Authority, you only need to attend court if your are going to argue liability otherwise there's no point. They may require you to pay the cost of court fees along with the remaining bill.

    Good luck, I've just started on my council tax training so if anyone else has spotted anything wrong in this reply let me know.


  9. #9
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    Default Re: council tax court summons-help please

    just a point for future reference to stop this happening to you again at the begining of their financial year ie just after you make first payment of ct phone them and explain about your pay dates and ask them to note on their computer system the date you will pay this ia usually acceptable to them so long as you stick to not going outside the dates you have agreed. it prevents a whole heap of trouble

    bos~ Data Protection Act sent
    ~ statements received
    ~ owed £1766.82
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    bos Data Protection Act sent
    ~ statements received
    ~ owed £1217.86
    ~ prelim letter sent 30/08/2006
    ~lba handed in 14/09/2006
    court date issued of the 17th november
    27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

    rbs~ Data Protection Act sent off 21/09/2006

  10. #10
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    Default Re: council tax court summons-help please

    Quote Originally Posted by smoorach
    just a point for future reference to stop this happening to you again at the begining of their financial year ie just after you make first payment of ct phone them and explain about your pay dates and ask them to note on their computer system the date you will pay this ia usually acceptable to them so long as you stick to not going outside the dates you have agreed. it prevents a whole heap of trouble
    Exactly so.

    This is what I did. I rang them at the start of the tax year and pointed out that for all tax purposes, the financial year commences on 6th April and that I was certainly not going to pay anything before the tax year started (their demand was for 1st April!); I further told them that I, like most people, was paid in arrears and that I therrefoe wouldn't be paying counicl tax in advance - we agreed on the 28th of each month.


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    Default Re: council tax court summons-help please

    Hi

    I also got a court summons to go to court I was able to contact the council and state how much I could pay. They are happy to accept this as long as it clears any in arrears and the bill for the year

    Data Protection letter sent 15/08/06

    All statments received 29/08/06 total £3950.50 2 accounts

    Prelim approach sent 30/08/06 - for both accounts

    LBA sent for both accounts 15/09/06

    MCOL Filed for both accounts 05/10/06

    MCOL Acknowledged 12/10/06

    Letter Received req breakdown of charges 28/10/06

    Letter Sent with breakdown of charges 28/10/06

    Letter received with full offer on the 01/11/06

    Sent letter back accepting offer and crossing confidential agreement out 01/11/06


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE