Hi

Was hoping for some advice. I pay my c tax monthly, and last September was on JSA, I notified the council, they proceeded to cancel entire bill and send me cheque for everything I had paid to that point. I called them, pointed out someone has made an error and posted cheque back to them - which they the put back on my account as a liability. I got new job in October and started paying monthly again.

When the new 2017 bill arrived it said I was £53.33 overdue for previous year and so paid £50 on that day. A few days later I paid another £50 then a few days later another £80 - £180 paid in total within the first week of April. This was to cover the owed amount from previous year and the rest towards this months installment.

But in between the 2 £50 payments they applied for a summons and added £47.50 charges, and took this from the second £50 I paid, and now are threatening to make me lose any right to pay by instalments unless I pay another £47.50.

There was no reminder letter sent, and bearing in mind the new bill was dated early April, they certainly did not have time to send me reminders, between bill date and 9/4/17 which is 7 days.

Is there anything I can do to challenge this, it's just seems outrageous. Is there any point attending the hearing and putting forward the argument?

I did not know £53.33 was still outstanding and no call or email was made or sent to advise me to pay £5.83 to avoid £47.50 summons cost.

It just seems really unfair, when I call the council they are borderline rude, that even if a penny was due, they would raise a summons.

Is there any way of arguing that it's cost them more than the £5.83 to issue summons and paperwork etc, where a phone call or email I would have paid immediately - who wouldn't

It's really stressed me and partner out, am thinking of attending the hearing, and putting my case forward. Even if it was to have the summons costs added to the years bill and pay off monthly would be of help, but feel the summons cost is unfair considering only £5 was owed.

The council told me there's no need to attend the hearing, and if I do I will get to see a council officer. They also advised the summons comes direct from the council and the court is not really involved in the process unless somebody wilfully won't pay.

Any thoughts be much appreciated.

Hi

You need to check the Councils Website or write and ask them for a copy of there policy on Council Tax Payments by Direct Debit as each councils policy on this will be slightly different.

My own council you get one reminder letter when it got to be paid by and if not paid the Direct Debit is immediately stopped and demand for full payment ensues

The loss of the right to pay by instalments if a reminder is not paid within 7 days is written in to legislation and the full balance becomes due within 7 days - some local authorities will leave the DD in place to collect the full balance but others won't as it can lead to large sums being taken in one go.

There was no reminder letter sent, and bearing in mind the new bill was dated early April, they certainly did not have time to send me reminders, between bill date and 9/4/17 which is 7 days.

A reminder note would have to be issued or a final notice issued before a summons could be issued for the requested amount - bear in mind though that a summons can be issued any time after the reminder/final notice period has run out, it doesn't have to have been issued straight afterwards. You need to ask the local authority as to which notice the summons is based on.

In many cases a local authority will show any balance from previous years on a 'start of year' demand notice but will not include it in the instalments (check the instalments shown on the 2017 demand notice)- the amount is shown for reference only and is dealt with separately (doing this is allowed under legislation)

It is up to you if you wish to attend the court of not but the magistrate could only refuse to grant the liability order if you can show that it was being applied for in a way which was procedurally wrong when compared to what is required under legislation. The court have no powers to instruct any sort of payment arrangement, they can only grant or refuse the issuing of the order.

In respect of the summons the council will print and post them so that the court doesn't have to. The court have to sign thier permission for the summonses to be issued before they are posted (the signature is normally for a bulk application from the council).

Craig