being charged court fine for late payment of council tax

[chelseaharvey]

Forgot to pat my council tax last month & got a letter saying im being taken to court on the 28th Feb and im being charged £45 in court charges

 

I am going to pay it, and will tomorrow, got the letter today but even paying it b4 the court date i still have to pay the whole fee including the court charge how is that fair?? & it doesnt cost £45 to send out a letter

[gizmo111]

The £45 isn't for sending a letter it is for court costs - have they already issued proceedings? Seems very quick if you only missed one payment last month.

[saxon]

hello, call your council, I have also had this, in order not to pay the charge I had to set up a direct debit, and they only take the money owed not the costs, this may be just my local council but worth a try, have to add if I paid over the counter in cash they would still charge the court fee, strange.

[chelseaharvey]

I was going to set up a DD with them, so maybe as you say if i do this they wont charge me

[thesergeant]

Have had a similar problem. Had some trouble paying regularly, kept telling them I would settle in full. Day before I did so summons.

 

However my problem is that the summons states:

 

£3.00 Court Costs

£57.00 Authority Costs

 

Now surely this means that they are stating that their true costs in dealing with this matter, ie a computer generated summons, is £57.00. That can not be true.

 

I have asked them about this and they are now saying that the Court agrees that they can claim this as their costs. That can not be the case either as costs must be on an individual basis.

 

My thoughts are to pay this now on the basis that they have stated it is the true cost. Then challenge it by claiming it back via prelim, LBA etc, asking them to give me the break down of how this cost is calculated - which they have already stated they can't.

 

Any thoughts .............

 

This is the letter I have received

 

>>>>>>>>>>>>>

I refer to your e mail of 15th February 2007 following our telephone conversation of the same date.

For the record I wish to make it clear that I did not say that the Costs on the summons were a "penalty fine".

Council Tax regulations do not provide a scale of costs and fees, leaving it up to the Courts to decide these matters. The sum of £95.00 is the level of costs that has been approved by Her Majesty's Courts Service as the amount all Essex Local Authorities may request as that reasonably incurred when obtaining a Liability Order. This amount was effective from 1st April 2006. A copy of their letter confirming this , addressed to a colleague at Tendring District Council, is enclosed. At Chelmsford Borough Council this amount is split as £60.00 for issue of a summons and £35.00 for the issue of a Liability Order. Where the Council Tax is paid after the issue of a summons but before the Court Hearing and the £60.00 costs remain unpaid we would still apply for a Liability Order but would not seek further costs.

Whilst the level of costs have been increased over the years to reflect inflation – each time with the Courts approval- the sum has never been broken down in the way that you have requested. Since the Courts have agreed that we may ask for £95.00 any comments you have regarding their decision should be made directly to them.

 

>>>>>>>>>>>>>>>

[lebullet]

Hi all

I have been taken to court and lost because I always pay my council tax late but never miss a payment. The council refuse to readjust the payment date although they are aware that I always pay around the same time of the mth. They also have no provisions for self employed people, I am a sole trader and have been in business for 19mths running at a 6K loss in the 1st yr. I did not attend court as I could not close my business.

It seems now I am at loggerheads with the council, I will not pay the costs and when summons for that I will charge the council for my time to attend court, and deduct it accordingly from my council tax bill. I hope you can see where I'm coming from!! so where do I stand?

Regards

Scott

[sequenci]

I really don't mean to moan but Council Tax is a priority debt, to not pay it is a criminal offence. Folks should ensure that it is paid prior to paying ANY non-priority debts like loans, credit cards etc.

 

If you are a sole-trader and not earning any money then you MIGHT be able to claim council tax benefit, give the local authority a call to enquire.

 

willfull refusal to pay council tax could land you in prison.

[tonycee]

willfull refusal to pay council tax could land you in prison.

 

And will inevitably cost you hundreds£££££££££££ more than it needs to.

There is no getting away from this one, so please try to re arrange payments to make sure you pay on time.

Good luck.

[lebullet]

And will enevitably cost you hundreds£££££££££££ more than it needs to.

There is no getting away from this one, so please try to re arrange payments to make sure you pay on time.

Good luck.

 

Read my post I've tried that!!!!!!!! Sorry mate not prepared to bow down like the majority of ppl in this country. We should take a page out of the French ppl's book and make a stand against ever increasing laws, against this, that and every other thing.

 

Why no look at my other posts to get a better idea of what I and hundred and thousands of other ppl feel about the way this country is going.

 

Before I go how can we take this government seriously if they allow smoking in the house of commons bar???????????!!!!!!!!!!!

 

Scott

[tonycee]

Read my post I've tried that!!!!!!!!

 

Yes. i have read your thread. I have been a sole trader for 17 years, dont get any concessions from the council either. Thats why i make sure they get paid second, after the mortgage.

 

Sorry mate not prepared to bow down like the majority of ppl in this country.

 

I admire your determination, but fear you are fighting a losing battle.

 

Why no look at my other posts to get a better idea of what I and hundred and thousands of other ppl feel about the way this country is going.

 

I know how you feel, but have to abide by the laws.

I am having my house valued Monday, with a view to selling and moving abroad.

 

Before I go how can we take this government seriously if they allow smoking in the house of commons bar???????????!!!!!!!!!!

 

Again, they dont live in the real world.

 

Good luck Scott whatever you decide, just dont let your anger cloud your judgement..

[lebullet]

Yes. i have read your thread. I have been a sole trader for 17 years, dont get any concessions from the council either. Thats why i make sure they get paid second, after the mortgage.

 

 

 

I admire your determination, but fear you are fighting a losing battle.

 

 

 

I know how you feel, but have to abide by the laws.

I am having my house valued Monday, with a view to selling and moving abroad.

 

 

 

Again, they dont live in the real world.

 

Good luck Scott whatever you decide, just dont let your anger cloud your judgement..

 

Ill go to jail on this one mate I'm really not assed, then I go on the dole and work on the side. Then the f*&^in idiots will have to pay my council tax for me. But like you I want to move abroad (France for me) and run a Track day holiday business

 

Thx for you reply mate its not anger its a deep rooted hate of the system and the geriatric nobs that run it.

 

Scott

[lebullet]

Hello again everyone I am much calmer now and would like to bring everyones attention to a thread I started the on digitalspy.

[robin9342]

Lebullet, if your self-employment is your only source of income and you made a 6k loss in the first year, then you are entitled to full council tax benefit. Probably housing benefit and income support too.

[lebullet]

Lebullet, if your self-employment is your only source of income and you made a 6k loss in the first year, then you are entitled to full council tax benefit. Probably housing benefit and income support too.

 

I hope so, would I get it backdated as well?

 

Scott

[robin9342]

I hope so, would I get it backdated as well?

 

Scott

Possibly. You have to convince them you had good cause not to claim earlier. You may be able to get it backdated up to 52 weeks:

 

Good causes include the following.

• If you were ill and had no-one to make the claim for you.
  
• If you could not reasonably have been expected to know your rights, for example, where there have been changes in the law.
  
• If you did not understand that you could claim, perhaps because of:
  • age;
    
  • inexperience;
    
  • language difficulties;
    
  • difficulty in understanding technical documents; or
    
  • some other reason.

  [*]If you were wrongly advised by an official organisation that you were not entitled to Housing Benefit or Council Tax Benefit.

  [*]If you were unable to manage your affairs and did not have an ‘ appointee’ or someone to help you.

It wont be enough though, just to state that you didn't know you could claim.

[lebullet]

Possibly. You have to convince them you had good cause not to claim earlier. You may be able to get it backdated up to 52 weeks:

 

Good causes include the following.

• If you were ill and had no-one to make the claim for you.
  
• If you could not reasonably have been expected to know your rights, for example, where there have been changes in the law.
  
• If you did not understand that you could claim, perhaps because of:
  • age;
    
  • inexperience;
    
  • language difficulties;
    
  • difficulty in understanding technical documents; or
    
  • some other reason.

  [*]If you were wrongly advised by an official organisation that you were not entitled to Housing Benefit or Council Tax Benefit.

  [*]If you were unable to manage your affairs and did not have an ‘ appointee’ or someone to help you.

It wont be enough though, just to state that you didn't know you could claim.

 

Thank you very much for your help and advise. I have never approached the council for Council Tax Benefit, so therefore did not know if I am elegible for a claim or not Now that you mention it, why not eh? I should go down to the local office and enquire about it. The general rule is that "you cannot claim it unless unemployed" thats what most people if asked would reply myself included.

 

I've chilled out alot now although still alittle peeved. I have worked most of my life and payed all my taxes etc. I pay all my business rates/rent etc which all gos out by DD at the begining of the month, thats why I pay my CT at the end of the month. I was unemployed over 18 yrs ago for around a year, things have changed since then so how am I to know weather or not I can claim, when I have had no intention to do so.

 

Thanks again Robin

 

Scott

[robin9342]

You will need to be careful about your reasons for not claiming earlier. If they think you simply didnt know, then they wont pay.

You might also be entitled to Income Support, but that can only be backdated 3 months

[lebullet]

You will need to be careful about your reasons for not claiming earlier. If they think you simply didnt know, then they wont pay.

You might also be entitled to Income Support, but that can only be backdated 3 months

 

OK I started the business 18mths ago with a pot of money saved. I could not claim surely due to having money put by. 18 mths later that pot of money is gone, and I'm running at a loss, so now I think I may have to claim. I have given it 18 mths before I have tried to make a claim. I did not want to claim but have no choice if I am to remain in business.

[robin9342]

OK I started the business 18mths ago with a pot of money saved. I could not claim surely due to having money put by. 18 mths later that pot of money is gone, and I'm running at a loss, so now I think I may have to claim. I have given it 18 mths before I have tried to make a claim. I did not want to claim but have no choice if I am to remain in business.

 

If your current circumsatnces are that you have a low (or even negative) income, then you should claim now.

 

The "pot of money" could be a problem if you held it in a personal account because it would be classed as savings. You are allowed some savings. Up to £6000 does not affect your claim, £6000-£16000 reduces your entitlement and over £16000 means no claim allowed.

 

If the money was in a business account and used only in connection with the business, then you should be ok (but I am not sure, so you would need to take advice)

[lebullet]

If your current circumsatnces are that you have a low (or even negative) income, then you should claim now.

 

The "pot of money" could be a problem if you held it in a personal account because it would be classed as savings. You are allowed some savings. Up to £6000 does not affect your claim, £6000-£16000 reduces your entitlement and over £16000 means no claim allowed.

 

If the money was in a business account and used only in connection with the business, then you should be ok (but I am not sure, so you would need to take advice)

I have been down today and started a claim, all monies were in a business account I have no personal account. Thanks again Robin will they then cancel the previous court costs?

 

Scott

[robin9342]

I have been down today and started a claim, all monies were in a business account I have no personal account. Thanks again Robin will they then cancel the previous court costs?

 

Scott

They should cancel the court action and your liability, but not sure about costs