Council stopped taking DD, now issued summons!

[DevonShrimper]

I pay our council tax by DD. On the form it gives a choice of 1st day of month, 15th or last day of month. I chose 1st day of month as my pay is in the bank from the day before so should be no problem. However, they took March payment for last year (they do this over 12 months, not the statutory 10) and then didn't take Aprils, and I now know, haven't taken Mays.

I received a letter saying that Aprils hadn't been paid, so I rang them up to get to the bottom of why, cosidering it's by DD. Lady at other end said that she was busy and couldn't answer my questions and would ring me back. She didn't ring back and 4 days later I have now received summons letter for 23rd June.

I've checked with my bank. They say the DD is still in place so I don't know why they haven't taken it. The bank say that they have not received a request for payment and if they had done then they would have paid it as there was sufficient in the account.

Council are now saying that I have to pay the whole year in one payment, which I cannot afford.

Can anyone help?

[BankFodder]

the only thing to do is to go to court.

 

let me say that councils don't expect people to go to court and that when you turn up, you will probably find that there is no time listed for you because they expect to have almost a private audience in front of magistrates and go through several hundred files in the space of an hour or two.

 

You should write to the council now, recorded delivery and tell them that you will be in court to defend the matter. Send a copy of this letter to the court -- recorded delivery along with your own note, saying that you will be attending court to defend the matter and that you have let the council know.

 

See whether you can persuade the bank to let you have a letter saying that the direct debit is in place and that there is no reason that it wouldn't have been paid. You may have difficulty getting this letter from the bank but do your best.

 

Stop dealing with the council on the telephone unless you record of the calls. Actually, it is worth dealing with him on the phone because they will say all sorts of silly things. However you must record everything. If you don't record the calls then don't use the phone.

 

When you go to court go with your bank statements and any other evidence which shows that the money would be paid. Make a note right now about the telephone calls that you have had -- who said what to whom etc.

 

When you go to court be prepared to be knocked back in that they will say they didn't expect you to be there and there is insufficient time to hear you out. They will try to usher you off somewhere -- preferably out of the building. You should refuse to leave until they have promised to repay you your costs of attending the court.

 

If they will not give you a new date at which you will be heard plus a promise to pay your costs -- which you should get from them in writing, then go to see the clerk of the court. Even though the court may be in session and the clerk will be sitting in front of a magistrate, you should scribble out a legible note, go into the court and go up to the clerk and pass the note to him or her. Say that you want to complain to the magistrates that you have been brought here on the basis of the summons and now the council telling you that there is insufficient time and that you have to go home. Tell the clerk that you want this complaint to be given to the magistrate immediately so that they can express disapproval with the council and order some costs for appearing. Don't be greedy about the costs. Just ask for five pounds. It is hugely symbolic if you can get this.

 

Hopefully, you will embarrass the council into actually listening to you instead of just processing you -- and that is what you want.

 

Get them promise you another date. They won't be able to give you a date there and then I'd get the name and telephone number of somebody that you can speak to and you will actually listen to you.

 

Finally you will have to keep phoning to make sure that they haven't "forgotten" to write to you and then later on you find that you have a judgement against you because you didn't attend.

 

Dealing with councils is a nightmare. They are out of control. They are in betrayal of their own principles and their own duties towards their constituents. They tend to treat all of their constituents as enemies and they tend to consider themselves as being under siege.