Council tax summons, unusual situation

[georgemc]

I moved into my home almost 2 years ago, and for one reason or another, something went wrong and the council didn't get wind of it for a few months, and I was eventually issued a summons for council tax. I immediately contacted them, and paid the arrears in full, as well as the entire bill for the following year, there and then. An amount that was just shy of £3k, but I figured it was worth it for the peace of mind. Last week, I received another summons, for £110 for unpaid council tax for the period 2012-2013, along with another £110 court costs. I assumed this was a mistake, as I had paid in full as far as I was aware. A "quick" call to the council confirmed this, and neither the person I spoke to nor his supervisor could see any reason for the summons. They could see it had been paid in full as I claimed.

 

So I contacted the council tax dept by email, asking what was going on. I received a rather stern reply claiming it was for outstanding court costs regarding the summons issued over a year ago, and that basically I have about a week to pay it or they will issue a liability order. They also claim to have sent a demand in January this year, but I haven't seen any such thing.

 

Now the interesting bit is that this is the first I've heard of these outstanding costs, and the council themselves only claim to have contacted me in 2013 regarding them. The summons clearly states it is for unpaid council tax, and even gives a period for which the council tax is due. However, I also have documentary evidence of the council acknowledging that the council tax for the period in question is paid in full.

 

Basically, I think it's incredibly underhand of them to sit on an unpaid debt of £110 for the best part of a year without mentioning it, then issuing a summons. Especially since I actually asked them exactly how much I needed to pay to clear the outstanding balance AND pay a further year's CT in advance. It's not like I'm trying to avoid paying the tax.

 

So I'm tempted to simply turn up at court, with the summons, and the letters acknowledging that the CT was paid in full, and saying "not guilty". I realise I'll probably end up paying the £110 back anyway, but this is not the first time I've had trouble paying council tax here - a few years ago I set up a direct debit which they simply failed to collect anything from, eventually landing me with a large bill I had no choice but to pay. As a matter of principle, I feel like letting a council lawyer stand in court and argue that this man who readily paid nearly £3k in council tax is for some reason trying to avoid paying £110, and explain why they never bothered asking for it until nearly a year later.

 

What are my chances of having this thrown out? I think that a) they didn't make reasonable attempts to collect the debt and b) they have issued the summons for the wrong thing, a debt that they clearly acknowledge is paid.

[i hate bailiffs]

summons to appear in court they are playing on words.................

Imagine the broom cupboard or basement it is in the court building but generally it is a rubber stamping exercise for the council

a big con that generates them thousands each year

 

If you provide proof on the day to the council employee in the broom cupboard or basement in the court building

they should not pass it on for rubber stamping

[Guest]

if poss, do go to court and demand to be heard by the supposed magistrate hearing your case, and put your case with your evidence, and then ask for your costs re their 'mistake'. if they refuse an hearing, complain and complain.

as IHB says, they don't like people attending. mags time fee for actually hearing a matter, quite a bit more than the 100 which they can't increase on?

Edited March 16, 2013 by Ford

[matt v atos]

summons to appear in court they are playing on words.................

Imagine the broom cupboard or basement it is in the court building but generally it is a rubber stamping exercise for the council

a big con that generates them thousands each year

 

If you provide proof on the day to the council employee in the broom cupboard or basement in the court building

they should not pass it on for rubber stamping

 

I had a CT summons when I arived there was a makeshift table in the hallway and a laptop around 40 people standing in line, we where all asked the same thing "can you make arrangement to pay this if not why not blar blar blar you could hear everything it was so sad CT were herding us in and out like we were sheep !