Jump to content


Council tax arrears - court once a year?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4976 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello people, I wonder if you can help please?

 

First of all, I don't know if this is the right forum to post on and if anyone can tell me which one to move to, it would be great.

 

A member of the family is having £25 a month deducted from salary to pay to the local authority. Every year, the coucil send a new court summons and charge £60 which is added to the debt. From what we're told, when the wife went to court they said she didn't need to go, but the £60 was still charged.

 

We have only heard this second or third hand and are wondering if it's right. If anyone can help, we would be very grateful.

 

Thank you, HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

I can't understand why they would need to go back to court every year for the same council tax year they are chasing; they only need one liability order, unless there are multiple accounts over different tax years - as far as I am aware. I may be very wrong on that though.

 

I'll move you thread to the right forum so that people in the know can answer.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

Link to post
Share on other sites

 

A member of the family is having £25 a month deducted from salary to pay to the local authority. Every year, the coucil send a new court summons and charge £60 which is added to the debt. From what we're told, when the wife went to court they said she didn't need to go, but the £60 was still charged.

 

 

Each year the Council set what the COuncil Tax is for the year and advise all their "customers" accordingly usually from March onwards. This can be paid in a variety of ways and instalments are a possibility. The first payment is usually due on the 1st of April and if paying monthly then the 1st of each subsequent month - if paying by DD then that is usually taken later in the month. If you have elected to pay cash and fail to pay usually within 7 days of the due date then you should receive a "reminder" to bring it up to date, the majority of Councils say that failing to pay twice means you lose the right to pay in instalments and the whole sum for the rest of the year becomes payable immediately. As you can't afford to pay then a summons is issued to appear at the Magistrates Court.

 

At Court the Magistrates are faced with a simple question - is the person liable to pay the Tax yes or no - if yes then the Liability Order is granted and usuallthe Council will pass the debt to Bailiffs. Paying by AoE is another method but not common. I don't doubt your family member is content to pat this way but really are they being given a chance to pay normally. The Council are making a profit on the costs - average actual cost is £3 so they are paying £57 extra they wouldn't need to ordinarily.

 

What they should do is ring the Council and ask:

1 - how many Liability Orders the Council have against them

2 - what periods of time they cover

3 - how much each Order is for

4 - how much is still outstanding on each

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Hi PT

I have a question along similar lines...

Basically I own a house in yorkshire but I recently got a job in Lancashire. It wasnt practical to commute to work everyday so I found some accomodation in Lancs. I asked my sister to check my postal mail every now and again for my house in yorkshire. Anyway, she hadnt checked it for a couple of weeks. A council tax reminder had come and also a magistrates court summons. I contacted the council and explained the situation to them. I asked them to remove the court costs and cancel the court date as I had every intention of paying. I said that I felt I had a valid reason. I also stated that if they didnt cancel the costs and the court hearing then I would ask the judge for the council to pay my costs since it involved taking the day off work and also travelling to yorkshire. The council told me that they would not cancel the costs nor would they cancel the hearing.

I paid my council tax bill but not the costs a few days before the "hearing". I looked through the letters that the council had sent me and realised that they had had the court summons issued a couple of days earlier than they should have. I went to court expecting a judge to be present so that I could present my case. To my dismay, the court room had about ten council employees who were dealing with various non-payers. The council employee that dealt with me admitted that they had sent me out the summons early and therefore their costs could not be applied. I then demanded that they pay my costs. He claimed that they couldnt do that!!! He then claimed that I had been told in writing that I didnt have to attend the court therefore they were not liable for the costs. This was a blatant lie.

Basically, I want to know what the chances are of getting my costs.

I am angry because it looked like the council had just hired out this room in the court building and were charging people £50 per council tax bill for a so called "hearing" when actually no hearings were taking place. There were about 40 people there just for that one time slot!!!

I am sooo disgusted by the way things are going...every organisation (even the ones we think we can trust) are all about revenue collection and adding costs and increasing the little man's debt!

 

Grrrrrrr

 

honey b

Link to post
Share on other sites

Hi Honey b

It was very informative reading your post - I am attending court this afternoon for 'non payment' of council tax - the council will not accept our offers of any kind - want the outstanding amount paid in full. Explained that a standing order has been set up to clear the account by Feb 2011. This I have been told is not good enough - they will only accept a direct debit if it is to be cleared in installments - told them I am in control of my payments - not my bank (they previously decided they would bounce my council tax dd and of course charged me £38.00 for the privelage) Explained to the council that my partner is still out of work and I am working full time so not entitled to benefits of any kind etc.... His JSA has now run out - cant claim that anymore. Anyhow, they have already recieved and accepted the first of my standing order payment!

I was told I dont have to attend court either - not sure why councils seem to discourage attendance!!! It will be interesting to see if my court hearing is with a judge or a room of of these council workers - thanks for the posting - it has given me the heads up to be prepared for that!

Totally agree with your last statement especially even the ones we think we can trust... the person I saw at the CAB was horrendous - so bad that he made me cry and told him he was making me feel tiny and I did not appreciate his attitude...how dare he look down on me as though I was something stuck to his shoe! Yep, seems like it's all about revenue collection and adding costs and increasing the little mans debt!

Link to post
Share on other sites

Hi Blue

I think an offer of payment by standing order is still an offer of payment so the council cant really turn it down.

What sort of "hearing" was it in the end? Was there a judge?

Perhaps you could dispute the costs. Even ask them to prove that their costs are £50 (or whatever it is they claim they are).

I think the council discourage people attending so that they can get things wrapped up faster. When I was outside the court room, the Council Tax Manager was basically going over to people and telling them to go and visit the council tax offices and make arrangements to pay rather than stick around for an imaginary "hearing". Obviously these people already had the council tax costs added to their accounts :mad:

As for the CAB, I am sure they try to be helpful but in my experience, they are just random people who are volunteering to provide a service. I have found that individuals dont tend to know all that much about any particular subject. In addition, the last time I visited them, they wanted all sorts of personal details like date of birth, NI number, etc. All I went there for was to get access to a book relating to debt law. I am concerned that generally people give up information about themselves too readily. Then this information ends up falling into the hands of all sorts of organisations. We basically seem to have lost all privacy and anybody can find out anything about us.

 

Sigh

 

hb

Link to post
Share on other sites

Hi PT

I have a question along similar lines...

Basically I own a house in yorkshire but I recently got a job in Lancashire. It wasnt practical to commute to work everyday so I found some accomodation in Lancs. I asked my sister to check my postal mail every now and again for my house in yorkshire. Anyway, she hadnt checked it for a couple of weeks. A council tax reminder had come and also a magistrates court summons. I contacted the council and explained the situation to them. I asked them to remove the court costs and cancel the court date as I had every intention of paying. I said that I felt I had a valid reason. I also stated that if they didnt cancel the costs and the court hearing then I would ask the judge for the council to pay my costs since it involved taking the day off work and also travelling to yorkshire. The council told me that they would not cancel the costs nor would they cancel the hearing.

I paid my council tax bill but not the costs a few days before the "hearing". I looked through the letters that the council had sent me and realised that they had had the court summons issued a couple of days earlier than they should have. I went to court expecting a judge to be present so that I could present my case. To my dismay, the court room had about ten council employees who were dealing with various non-payers. The council employee that dealt with me admitted that they had sent me out the summons early and therefore their costs could not be applied. I then demanded that they pay my costs. He claimed that they couldnt do that!!! He then claimed that I had been told in writing that I didnt have to attend the court therefore they were not liable for the costs. This was a blatant lie.

Basically, I want to know what the chances are of getting my costs.

I am angry because it looked like the council had just hired out this room in the court building and were charging people £50 per council tax bill for a so called "hearing" when actually no hearings were taking place. There were about 40 people there just for that one time slot!!!

I am sooo disgusted by the way things are going...every organisation (even the ones we think we can trust) are all about revenue collection and adding costs and increasing the little man's debt!

 

Grrrrrrr

 

honey b

 

The Council's £50 costs are cheap compared with others - I believe the average is around the £90 mark. As for the costs themselves the Council will tell you it covers the admin work of drawing up, serving, follow up etc of the Liabilty Order - very similar to you paying a set charge of £75 to have your washing machine looked at. The staff are there for the very few that can argue successfully they are not Liable to pay and the remainder then go on a list and are submitted to a Magistrate for rubber stamping.

 

If the Council have admitted they have made a gaffe then in my opinion they should pay your reasonable costs. After all if you hadn't turned up they would just have steam rollered ahead and the chances are you would not have known.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...