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just need some advice of a stupid issue caused by the Council,

 

 

paid my bill up in full for the year 2015/2016,

payments during the year have been up and down

but ALWAYS made within the calendar month no later

and yes we have had the 2 statutory warnings.

 

 

We have been told there is £55 outstanding for a court summons in March,

my missus phoned the council and they said we were late paying February's payment by 3 weeks

so they have issued court proceedings.

 

 

Can we do anything about this apart go to court?

 

 

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Yes clear the balance in full before the hearing then the LA should drop the case.

 

 

Also you must get a receipt dated and signed to say paid in full.

 

Keep this safe and produce in Court if need be...

 

Next year please make sure your payments are not late .

 

 

You get two chances to keep your account up to date or face the same thing again as this year.

 

If you clear the account before Court you will save a lot of fees with the enforcement of the arrears.

. pay it tomorrow if you can by debit credit card and get your statement and keep this too.

 

 

Make sure too you take a name whom you made the payment too and make sure it's fully paid.

 

Regards MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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bit puzzled here

how can you have had an LO for 2015-16 period?

when march 2015 is not part of that CTAX period

and march 2016 has not yet happened?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes clear the balance in full before the hearing then the LA should drop the case.

 

 

Also you must get a receipt dated and signed to say paid in full.

 

Keep this safe and produce in Court if need be...

 

Next year please make sure your payments are not late .

 

 

You get two chances to keep your account up to date or face the same thing again as this year.

 

If you clear the account before Court you will save a lot of fees with the enforcement of the arrears.

. pay it tomorrow if you can by debit credit card and get your statement and keep this too.

 

 

Make sure too you take a name whom you made the payment too and make sure it's fully paid.

 

Regards MM

 

thanks

 

 

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  • 3 weeks later...

We went to court 6/03/2016

the council would not let us go before the judge

instead they kept saying I was wasting their time

and stopping them from doing their job by me arguing with them.

 

 

They said the Liability Order will go through

and they will review the recording of the last telephone conversation we had

to see what was said.

 

 

My wife is adamant that they said pay up the council tax and that will be the end,

but far from it,

 

 

Today 17/03/2016 received a letter telling us they had followed procedures therefore they are correct

and we have to pay the £81 in fee's,

 

 

my wife is phoning then to get a transcript of the conversation

but by the sounds of it she is banging her head against a brick wall.

 

 

What can we do?,

 

 

is there an independent body that can look into our case?

 

 

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In my opinion, they had no right to stop you from seeing the judge and I would make a noise about it. I personally would complain on the grounds that you were invited to attend and then denied a voice..

 

things don't make sense,

 

 

how could you apply a Liability order to a bill that has been paid

 

 

but apply the Liability order to fees that have accrued.

 

 

So are the fees part of the council tax or a separate debt that has been incurred

 

 

in another words because the there are no council Tax to collect

 

 

can they call in a bailiff to collect this debt, if they can why?

 

 

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According to the councils records, you probably fell foul of time limits to pay as if not paid on time, the whole amount becomes payable for the year. If you disagree and can provide the evidence that you had met any time limits, then show them that evidence..

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According to the councils records, you probably fell foul of time limits to pay as if not paid on time, the whole amount becomes payable for the year. If you disagree and can provide the evidence that you had met any time limits, then show them that evidence..

 

We have admitted we fell foul of the time lines and phoned them each time to ask for time to pay

and each time payments had been paid within the calender month it was due although a few weeks late.

 

 

we were then told after all the phone calls the rights to pay monthly have been withdrawn

we paid up in February everything apart from the penalty.

 

 

the council went to court to get a Liability Order for penalties not the recovery of the council tax,

surely what judge would grant an order on penalties?

 

 

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When you phoned them to agree more time to pay, was this confirmed in writing.

 

 

If not I assume the following may have happened,

that is as you had defaulted that they had decided to issue the summons anyway.

 

 

On the issue that you were denied access to a judge,

 

 

I would put in a letter of complaint to either the council, the court or both..

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When you phoned them to agree more time to pay, was this confirmed in writing. If not I assume the following may have happened, that is as you had defaulted that they had decided to issue the summons anyway. On the issue that you were denied access to a judge, I would put in a letter of complaint to either the council, the court or both..

 

My wife has been on the phone trying to get an answer but they keep stone walling her,

 

 

she simplified the query to, "did the judge know they were signing a liability order for penalties and charges,

because the actual council tax had been paid in full three weeks prior to the hearing",

again no sensible reply from them.

 

 

The Officer from the council has listened to the transcript of the phone calls

and agreed they did not follow up when they said they would and if they had

then the outcome would have been different,

 

 

therefore they are knocking off the court fees but still have to pay the late payment fee.

 

 

Still does not answer our original question though.

 

 

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When you say late payment fee, what is this ? as I'm not aware of any other fees apart from the court costs that are added to the summons..

 

yes I thought this was strange but its what they said the £55 fee is for late payment,

and its a one time charge and they do not add it every time there is a late payment.

 

I dont care a about the money its how they got a judge to stamp a Liability Order on the grounds of this late payment charge,

 

when I was led to believe the court hearing was for Council Tax arrears not for penalties or charges.

 

 

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Totally agree, but I do not understand why they cannot answer a basically simple question the truth is no one queries these charges/fee/penalties. So I will ask our local councillor for help that will get answers, if that dont work then the local MP!

 

 

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strange how £55 appears to be their std fee for applying for an LO.?

 

 

why don't you sar the council?

or

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...
Totally agree, but I do not understand why they cannot answer a basically simple question the truth is no one queries these charges/fee/penalties. So I will ask our local councillor for help that will get answers, if that dont work then the local MP!

 

When no one in so called authority can answer a simple question, it can often be because someone is hiding something.

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  • 4 weeks later...

I have never heard of a 'late payment fee' for council tax. It's actually quite interesting if they are calling 'Summons costs' or any 'court costs' a late payment fee. This is what they use them for, but there is nothing to support them actually calling it that. Which council, if you don't mind saying?

It's also completely wrong that you weren't allowed in front of a judge or magistrate.

Why aren't we revolting?

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