I have been trying to manage the debts of my Brother-in-law for close on a year.

One such debt is Council Tax Arrears and I have been communicating with the Council since May 2013. In fact a letter was forwarded to the Council in June 2013 making an offer of £50 per month, which I estimated, and proposed, would clear the arrears within two years.

This allowed the Council to postpone an extortionate Attachment of Earnings Order and accept the monthly payments.

However, the Council had split the arrears over two separate accounts and have been wanting repayment proposals for this other account. It would seem reasonable that once the £50 payments had cleared the debt on one account, it should be applied to this secondary debt.

Since that time, matters have been confused by the Council, resulting in them imposing an arbitrary £70 per month payment. I have done my best to resolve this confusion. An e-mail was sent to various Council officials on 2nd March repeating the £50 per month offer.

There has not been a response to this offer even though a further e-mail has been sent.

In view of this, I have exhausted the Council's complaints procedure and now have a complaint being progressed with the Local Government Ombudsman.

Notwithstanding that an open communication channel is open, the Council have seen fit to issue a Payment Reminder for 2 x £70 payments dated 20th May and giving 7 days to pay.

3 days later, a summons has been issued!

Now, I'm concerned that this Court process is nothing more than a rubber-stamping exercise.

The arrears is acknowledged. The current year's tax is being paid regularly and £50 per month towards the arrears is being paid regularly, via Rossendales.

So, is it worth going to Court to plead:-

- lack of notice between Payment Reminder and Summons; and

- Council's liability for ignoring payment offers and confusing issues ; and

- the outstanding complaint with the Ombudsman; and

- choice of Court location (25 miles away) when a Council Magistrates Court is available within the Council area 5 miles away?

I would like to think there is justice in this country and that the Court would acknowledge the incompetence of the Council in this matter. I'm just not sure. Legal Justice appears to be handed out by the rich for the benefit of the rich!

Thanks for any comments.

If you go to the court with your paperwork there will be a representative of the council there, you can present your case to them and they will decide if they are at fault, if not then you can go to see the judge - who (in my case), was very much on my side (she really made the council lady look very silly and questioned her heavily).

If you don't go to court the council will win and three weeks later send in the 'heavy mob' regardless of any negotiations going on.

Without the liability (in the council's eyes) you could recind your offer at any time, WITH the liability they have the upper hand, that is why they like to get as many liabilities as they can as it GUARANTEES their income stream.

Sorry, but I can't help any further other than to advise to go to court and make them look like the guilty party.

Thanks, sillygirl1 (is that username appropriate? I think not )

Thanks Stumbler, it was appropriate when I first joined CAG.....had tried to change it a couple of years ago but couldn't think of anything else to use!