Overpaid CTAX benefit? - now got LIability order..when already in arrangement..help

[UnclePete]

Hello all.

 

My partner was on Maternity Leave up until November last year and as such we were entitled to Council Tax Benefit up until that point.

 

The council were advised and in January we received a letter stating we needed to pay back £353.04, so I called the council to arrange a payment plan.

 

On speaking to the agent, I was advised I could not make a payment plan because monthly payments stop in January. I asked if the outstanding amount could be spread across this 2017-2018 bill. That was also not possible. I said that there was no way that I could pay the entire amount and was advised by the agent to pay what I could monthly.

 

I paid £50 in February and an additional £40 in addition to the first month's payment of the 2017-2018 on the 31/03/2017.

 

This morning I received a summons for Non-Payment of Council Tax to appear at our local Magistrates Court on 19th April 2017.

 

There is a breakdown of costs, as follows:

 

Council Tax: £303.04

Summons Costs: £70

Total: £373.04

 

I feel really aggrieved, as I was advised to pay what I could, which is exactly what I did, and I've got a summons anyway!!

 

I hope someone can clarify what my position is.

 

Many thanks in advance.

 

Uncle Pete

[unclebulgaria67]

This is standard, if you have not been able to pay your council tax demand. They issue them quite quickly.

 

What should have happened, is that you completed a council tax benefit form showing your up to date position in November. They would have issued a new tax demand and then you would have had a chance to go back to them to organise repayment on a proper basis. They don't normally allow payment beyond the current year, but if you could not afford this, then you should have had a chance to show your income/expenses position, to see what could be worked out.

 

You need to make a formal complaint in writing to the council about the service you received from the council tax department, who should have helped you work out a payment arrangement on a proper basis. Then you would have known what was due by what date each month.

 

Following your complaint they might withdraw the summons and fee.

[dx100uk]

its a liability order

you don't have to appear..

its a rubberstamp exercise.

 

 

who administers your councils CTAX..

let me guess ...capita?

[UnclePete]

Thank you!

 

I believe so, yes.

[dx100uk]

then you need to speak with the council CTAX boss not capita

[ss002d6252]

Hello all.

 

My partner was on Maternity Leave up until November last year and as such we were entitled to Council Tax Benefit up until that point.

 

The council were advised and in January we received a letter stating we needed to pay back £353.04, so I called the council to arrange a payment plan.

 

On speaking to the agent, I was advised I could not make a payment plan because monthly payments stop in January. I asked if the outstanding amount could be spread across this 2017-2018 bill. That was also not possible. I said that there was no way that I could pay the entire amount and was advised by the agent to pay what I could monthly.

 

I paid £50 in February and an additional £40 in addition to the first month's payment of the 2017-2018 on the 31/03/2017.

 

This morning I received a summons for Non-Payment of Council Tax to appear at our local Magistrates Court on 19th April 2017.

 

There is a breakdown of costs, as follows:

 

Council Tax: £303.04

Summons Costs: £70

Total: £373.04

 

I feel really aggrieved, as I was advised to pay what I could, which is exactly what I did, and I've got a summons anyway!!

 

I hope someone can clarify what my position is.

 

Many thanks in advance.

 

Uncle Pete

 

A demand notice issued Jan/Feb would only have given you to the end of the year to pay at most ( they could demand in 1 payment)- it's uncommon for local authorities to roll payments across to the next year.

 

If the bill was £353 then £90 across Feb and Mar would not have covered the value of any instalments due during that time so the 'pay as much as you can' would be the standard council reply - they won't commit to an arrangement at the stage but won't tell you to pay nothing. The fact they issued a summons and applied for a liability order is standard practice (and in line with legislation) as the balance has not been cleared in line with the required payments.

 

Once they have the liability order then the chances are they will agree an arrangement with you if you contact them as they have the fall back of the order if you didn't then pay. The magistrate cannot rule on payment etc when granting the order, only whether the notices were issued correctly (which they appear to have been).

 

Craig