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roadrunner57

Summons for Non Payment of Council Tax

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Hi Folks

 

To say I'm severly pi**ed off with my local authority is an understatement, :evil::evil::evil::evil: and I'm posting on here to see if those of you who are knowledgeable can point me in the correct direction to take them on head on.

 

Background Information

In the past I've had problems paying my council tax and owed a good sum of money. It was both my fault and the councils, I forgot to make payments as I refuse to have it taken by Direct Debit. I'm an ex Bank worker and know the problems that can arise and also don't trust the Council to get it right, also the 10 monthly payments was requested by my ex but the council even though I'm divorced and single transferred the agreement to me without my agreement. They for their part didn't really chase me for the arrears until it became to about 3 years of debt. It got messy then they sent in a debt recovery company who acted less friendly than the nazis but in the end I paid the debt in full and started this year not owing a penny.

 

This year

Council tax bill arrives showing 10 monthly payments to be paid at any retailer that provides paypoint sign in cash for free. Payment dates are 1st of each month starting April.

 

Payments made on:

15/04/09

27/05/09

24/06/09

21/07/09

08/08/09

 

As you notice they were all made BEFORE the next month was due and I have the receipts as proof, Toytown Borough Council issued reminders to say I had forgot to make payments. They last month sent a Final Notice and demanded the amount owing of £777.00 for this year in full, this arrived through the post after I had paid that months payment. This morning I went to pay this months payment and when I got back home a nice present from Toytown Borough Council was on the doormat of a summons to court (with costs of £53.50) for a Liability Order which I plan to attend court to contest. Although I've made payments late they haven't exceeded when the next payment is due and I don't know anyone who pays any bill exactly on or before the date it is due.

 

Is it worth contesting this action if I don't get any joy after writing a stinker of a letter to the Council Tax lemmings.

 

Their website says:

"Toytown Borough Council will take prompt action against taxpayers who have not made the required Council Tax instalment payments, or who are late in making their payments."

 

It also states:

"Where a taxpayer has failed to make an instalment payment by the required date the Council will issue a reminder notice requesting payment of the overdue instalment. If the overdue instalment is not paid by the required date, the full balance becomes due and a summons may be issued against the taxpayer. A maximum of two reminder notices will be issued in any financial year. Should a taxpayer fall behind with instalments a third time, then the full balance on the account becomes due and a final notice is issued. if the full balance is not paid within a further seven days a summons may be issued against the taxpayer. Whenever a summons is issued costs are added to the taxpayer's account.

Following the issue of a summons the Council will attend the Magistrates Court (on the date specified on the summons) and ask the Magistrates to grant liability orders against taxpayers who have defaulted on their Council Tax payments. If a liability order is granted the Council is legally permitted to use a range of 'enforcement' actions to collect outstanding Council Tax (for example, attachment to earnings orders)."

 

I intend to write to them first, if there is no joy from them I then intend to attend the hearing to contest this as I have been making the payments.

 

I am also going to request under the Data Protection Act all info they have on me so I can see if there is any unfair and unlawful data being held on their systems about me. I also intend to request under the FOI act data from them about how many people with monthly installment agreements pay on or before the due dates and how many do not, this should blow a hole on their whole strategy as its obvious to anyone there will be a high percentage who pay after the due dates.

 

If its thrown out at court can I take legal action for Malicious Prosecution to claim compensation from them? Is it worth it?

 

I feel its time I took a stand against these little hitlers, what do you think folks?

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You state that you made the payments on

15/04/09

27/05/09

24/06/09

21/07/09

08/08/09

 

The payments were due on the 1st of each month therefore you were lucky to have got to final notice before a summons was issued.

 

The reminder can be issued once the payment is 7 days overdue and then you are required to make the payment in 7 days or the full years balance within a further 7. There is no requirement to allow a month from the due date to make payment.

 

The council have allowed you leeway by issuing the 1st and 2nd reminder later than they otherwise could have done.

 

They have acted within the legislation by the way they have issued the reminder/final notices therefore the magistrate would have no reason for throwing out the application.

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