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can council take me to court even though Im paying?


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Hi,

 

I am being taken to court for non-payment of council tax, but I am paying it. This might need a bit of explaining so please forgive me.

 

To cut a long story short we moved in our current address in April 2005, we recieved our FIRST council tax bill in 2009!!!! Just happened to coincide with the first time I was recieving benefits.

 

Anyway Since 2008 I have been in and out of work and claiming benefits those times when I have been out of work. Most of last year I was getting benefits inc council tax benefit. I got myself a temp job in a shop up till xmas. I recieved my benefit change notification clearly stating I was no longer getting housing benefit, but I couldnt make head or tail if I was recieving council tax benefit. I decided it wont matter as I will recieve a new bill from the council (as had previously). I did and it said I had nothing to pay.

 

Then I recieved a letter saying I was overdue and had to pay £200+ immediately. Now when I have had to ring them before about non-recieving of council tax bill, I was spoken to like I was a piece of you-know-what. It really put me off speaking to them again. I decided to just start paying £10 a week (I was back on benefits due to my temp contract finishing). I wasnt happy as I could have afforded it while I was working. Anyway I have been paying ever since. I have since recieved another letter saying that as I still owe £180 plus court fees. I have a court date in April.

 

Can they do this? I am paying and obviously willing to pay, Im just paying within my current means. Ive always thought that if I am paying something then they cant do anything. Am I wrong?

 

Any advice? Will I have to pay the court fees?

 

Thanks

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My thoughts on this are 2 fold. The Council are protecting their interest in case you default whereby they can then pass it straight on for enforcement. Secondly they could be looking at this as a money making plan - they are within their rights to do it but they will make money from you for it.

 

PT

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The reason why a letter has been sent to you stating that a court date has been set is because there was no agreement between yourself and them for £10.00 to be paid, as far as they are concerned you have not responded to their letter letting you know that you owe £200 +. If you do not want to go to court you can try calling them and arrange some sort of payment plan, they may accept this offer or refuse, you can but try.

 

I was in council tax arrears some time ago, I offered to pay £40.00 a month (was working at the time), the officers refused my offer, I said I would sort the matter out when I get to court (court does not frighten me, I am not afraid to speak to a judge), I went to court and was approached by the council's representative who asked me how much I could afford, I told him £10 not £40.00, he said that was fine, I signed the agreement and that was the end of that. Do not be afraid of court, your attendance there works in your favour.

 

Yes there is a possibility that you may have to pay the court fees, if you are on benefits you won't pay as much as you think. Don't allow them to intimidate you batwoman, fight your corner, they are not as clever as they think they are.

 

Lolitta x

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