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Council Tax Summons issued 1 day after installment due date


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Hi all

I always pay my council tax online - usually a few days later than the due dates, but I'm certainly up-to-date up to September.

 

I only paid October's installment on 13th October (due date 5th), however, a summons arrived that very day, issued on 6th Oct - ONE DAY after the due date!!

 

Naturally, I'm gutted, as I know Croydon Council has acted 'lawfully', as they had already sent me a final reminder earlier in the year (they only send 1 final reminder, the next thing is the summons) when I was a few days late. I feel they've been waiting for me to take a wrong step before pouncing on me with their full might.

 

Having been in a similar situation before (due to another 'honest' mistake, I know that once you're nailed, you're totally cornered, as Croydon Council just would not budge, or show any hint of humanity what so ever, they're after the £107 'authority costs' that every summons brings - what a way to treat good, regular customers!!

 

I'd like to know if anybody else has been in the same situation, and would love to hear any successful appeal outcomes.

 

Thanks for reading,

colourblind

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Was there a previous arrangement in place ?

The costs of the summons (Court action) will only be added if the case goes to Court.

Presumably they are now asking for the remainder of the current account ?

What is your financial position ? are you on any benefits or have any health problems ?

You should try to have dialogue with the council before the hearing.

Make sure that this is in writing as well as keeping a copy and sending recorded delivery.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hello,

 

No, there was no previous arrangement in place.

I'm not on any benefits, apart from family tax credit, they're asking for the remainder in 1 go, but luckily I can do it.

 

The extras slapped on are:

Authority costs: £107 (we have to pay for the privilege for being summoned)

Court costs: £3.00

 

Is the £3.00 not enforceable??

 

many thanks

colourblind

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Very strange how they have separated the £3

Of course they do only pay this since cases are filed in blocks.

Its reasonable to assume that a portion of their costs would be apportioned to the Council rep attending Court-so to to be demanding £107 without the case actually being heard,to me seems on the high side.

I did a freedom of info to my council asking for the breakdown for council tax court costs/extra fees in obtaining a liability order.

Will cost you nothing to do the same and see if they are justified to ask for £107.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I seriously doubt you can challenge this.

 

There is no ability to 'pay late' on an ongoing basis, and Councils are quick to point out that the waitver that permits you to pay in monthly installments is tightly controlled. If you have to ensure the payment arrives by 28th date of each month, and always pay on 1st (following) you run the risk of having the full amount enforced two months later. Scottish Councils will provide TWO warning letters, but the thirs requires FULL payment of all outstanding amounts for the year, and the court action represents the full cost of this, not just the delayed missing amount - you effectively lose the ability to pay in 10 instalments (or however many were left) by the time they bring down the guillotine.

 

Again, we get hit with a 10% Statutory addition on the ANNUAL amount, plust the court fees, and this is your incentive not to be tardy in future. As the cuts bite, you can be sure any waiver by the councils will be quickly forgotten as enforcement is ramped up.

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Raymond I agree with what you are saying,but its their demands for the £107 which I was questioning if they call in the summons.

I challenged them on this myself given that I only discovered things from a a SAR.

They immediately credited the whole amount back.

Now that made me wonder since they did not do it out of the goodness of their hearts !!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The amount in notional Martin, and always has been. They have an inside track when it comes to pursuit, especially as their own legal team set the charges. So the ability to waive those fees becomes discretionary, but since they can withdraw the ability to pay monthly and require an instant repayment of all money.

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They tried it with us just because I was not paying a regular amounts when I was made redundant. Turned out that they owed us just over £80 for that year. Weird thing is that they have to refund you and cannot carry it over.

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Turned out that they owed us just over £80 for that year. Weird thing is that they have to refund you and cannot carry it over.
Unless this differs between councils then you can carry any credit over to the next financial year (if that is what you are referring to), you don't have to have it refunded.
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