c/tax overpayment and recovery

[maybelline]

council tax dept overpaid benefit so sent revised bill, a payment of less than one month due on that revised monthly sum due was missed (due to an IT fault on their online payment system). at end of financial year a summons was issued for the new financial years payment in full plus the missing sum plus costs?

 

I thought if an new arrangement had been reached and payments up to date on new sum due monthly for 09/10 year why has a liability order been sought and given??

[maybelline]

pending flags inhibit recovery dont they?

[Big Boss Man]

council tax dept overpaid benefit so sent revised bill, a payment of less than one month due on that revised monthly sum due was missed (due to an IT fault on their online payment system). at end of financial year a summons was issued for the new financial years payment in full plus the missing sum plus costs?

 

I thought if an new arrangement had been reached and payments up to date on new sum due monthly for 09/10 year why has a liability order been sought and given??

 

 

Sounds as though there is fault on the councils part, which will come under the critera of Offical Error, this shoud of resulted in a write off.

 

I would certanly complain to your council in an attempt to get this resolved.

[maybelline]

I certainly will - its not the first time this council has been heavy handed to say the least! looking at the minutes they have 'overpaid' staff thousands and thousands 'by mistake' and are looking at writing it off????? but happy to send bailiffs to carers and pensioners!

[Big Boss Man]

I certainly will - its not the first time this council has been heavy handed to say the least! looking at the minutes they have 'overpaid' staff thousands and thousands 'by mistake' and are looking at writing it off????? but happy to send bailiffs to carers and pensioners!

 

Sorry to hear of your probs, ive been there, seen it etc, im constantly receiving overpayment notices, just at the tribunal stage with one of them now.

 

Exaust all the complaint channels, your local MP might be of use too !

 

Hope you get things sorted.

[maybelline]

good luck with your case:)

[Big Boss Man]

good luck with your case:)

 

Thats my middle name ! thanks and same to you.

[Crapstone]

Any notices or liability orders shouldn't carry over to the next billing period.

[maybelline]

thats what I thought! - just been informed by council 'thats the end of the matter?' but they now have a liability order and £100 costs to boot!! so very not the end of the matter.

[maybelline]

so to recap - their is missing payment from the previous tax year of less than one month due, (isnt it usual not to proceed to court for less than one month?) of course offer to pay in place but seems unusual and thought I had seen written somewhere this is so? payment made on current year ok but dispute about previous, however, bailiff and liability order obtained, so are the council attributing this years payment to last but now have letter stating liability is for all of this year plus the missing sum from last and order states it is for 08/09 ????

[maybelline]

Any notices or liability orders shouldn't carry over to the next billing period.

 

do you know of any legislation or documet I can quote from, my position is that a liability order has been obtained for a payment carried over from last year and now includes the whole of this year 09/10 even though this year is not in arrears? they are arguing it is but it was paid in full before the liability order was sought, now adding another £100 to the bill (used to be £40 didnt it???) so I want this cost back:mad:

[maybelline]

bump

[Guest Happy Contrails]

do you know of any legislation or documet I can quote from.

 

The regulations the council must follow when applying for a Liability Order and enforcing the non-payment for council tax is prescribed in Part VI of the The Council Tax (Administration and Enforcement) Regulations 1992. More: http://www.opsi.gov.uk/SI/si1992/Uksi_19920613_en_7.htm#mdiv32

 

If the Authority fails to comply with these regulation then you are not liable for any enforcement charges or court fees. You are still liable for the council tax unless you did not live at the charge address. Contact the LGO and ask for compensation if the council is uncooperative or vexatious.

[maybelline]

many thanks I will read it and write my letters.

Council tax: payments

21.—(1) Unless—

(a) an agreement under paragraph (5) in relation to the relevant year has been reached between the billing authority and the liable person before the demand notice is issued, or

 

(b) the authority has resolved that a Part II scheme shall have effect for the relevant year as regards dwellings of a class which includes the dwelling in respect of which the chargeable amount falls to be paid,

a notice to which paragraph (1) of regulation 20 applies shall require the amount mentioned in paragraph (2) of that regulation to be paid by instalments in accordance with Part I of Schedule 1 hereto.

 

(2) Where a billing authority has resolved as mentioned in paragraph (1)(b), a notice to which paragraph (1) of regulation 20 applies shall require the amount mentioned in paragraph (2) of that regulation to be paid by instalments in accordance with the provisions of the authority's Part II scheme.

 

(3) Where instalments are required to be paid in accordance with a Part II scheme or under Part I of Schedule 1, Part III of that Schedule applies for their cessation or adjustment in the circumstances described in that Part (subject, in the case of payments in accordance with a Part II scheme, to provision included in the scheme pursuant to paragraph 8(6) of Part II of that Schedule).

 

(4) If an agreement under paragraph (5) in relation to the relevant year has been reached between the billing authority and the liable person before the demand notice is issued, a notice to which paragraph (1) of regulation 20 applies shall require the amount mentioned in paragraph (2) of that regulation to be paid in accordance with that agreement.

 

(5) A billing authority and a liable person may agree that the amount mentioned in regulation 20(2) which is required to be paid under a notice to which regulation 20(1) applies shall be paid in such manner as is provided by the agreement.

 

(6) Notwithstanding the foregoing provisions of this regulation, such an agreement may be entered into either before or after the demand notice concerned is issued, and may make provision for the cessation or adjustment of payments, and for the making of fresh estimates, in the event of the estimate mentioned in regulation 20(2) turning out to be wrong; and if it is entered into after the demand notice has been issued, it may make provision dealing with the treatment for the purposes of the agreement of any sums paid in accordance with Part I of Schedule 1 or a Part II scheme before it was entered into.

 

(7) A notice to which regulation 20(4) or (5) applies shall (as the billing authority determines) require payment of the amount concerned—

(a) on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it; or

 

(b) by instalments of such amounts as are specified in the notice, payable at such intervals and on such day in each interval as is so specified.
 
 
 
 

Edited June 19, 2009 by maybelline
interpretation?

[maybelline]

so, I am trying to understand this info - and thinking this means that entering into an agreement even after the demand notice can be acceptable and the agreement is for the relevant tax year (i.e. not two tax years rolled together on one liability order)?

[maybelline]

can we have a sticky that helps ordianry folk to understand the SSI stuff, what councils can and cannot do (sorry if I have missed this) i.e. how many day,s the correct format, not carrying over sums from financial years and so forth??

 

I for example have final notice for different sum to 2nd reminder and this is different again to the first notice, which was also incorrect as payment had been made day before, (I understand case law exists that states payments once made are considered made, online, by debit card etc and councils should not be adding days for clearing by banks!)

[maybelline]

bump

[Guest Happy Contrails]

Im happy to write it up but theres already a lot of stickies at the top of this forum, some of it is out-of-date. If you can identify the case law you mention in tyour post I'd be happy to include it in an article and in future letter templates.

[maybelline]

thanks Happy Contrails, I think it is the OPSI you posted, I know there are deadlines, 7 days and so on but there must be other criteria to follow surely, I will try to find the info.