The Law Regarding Council Tax Payments

[Jester]

Is there any law that exists that states one MUST pay monthly council tax instalments on a specific date (i.e. 1st of each month) ?

I ask because of the continual harassment I am getting from my local council (Swansea).

I get paid on the 20th of each month. Consequently, I pay my council tax instalment on that date every month. However, on two occasions now I have received 'late payment' notifications from Swansea Council, despite the fact that I am fully up to date because I make the payments when I get paid on the 20th of each month.

The last reminder told me that if I am late with one further monthly instalment, then I will forfeit the right to pay by monthly instalments and that the whole (annual) bill will become due.

Now given that I pay each month without fail (albeit on the 20th), then do they have the right to demand that my payment is made on the 1st of each month and threaten me in this way. I am NOT behind with my payments.

In my opinion, the council's time would be better spent chasing those who do not pay rather than harassing those who (like myself) DO pay.

I had this same problem last year until I wrote them a stinging email reminding them (and proving to them because I make my payments online and have all transaction numbers, dates and times of those payments) that they would be better harassing the many who avoid paying each month rather than me. I also stated to them that should they try taking me to court then I expected a judge to take a dim view of the fact that I do pay each month and have no arrears therefore they were wasting court time. I even threatened to involve my local AM, PM and the local press on the matter.

I eventually got an emailed apology and an assurance that this would not happen again. Now they are starting the whole episode once more.

I would like to repsond to them quoting the relevant law that states a payment simply has to be made each month and does not have to paid on a certain day each month, but am unaware if such a law exists.

Anyone have any advice on this please ?

[Amy]

Re: The Law Regarding Council Tax Payments

Unfortunately, you do not get to choose which date to pay your council tax. The dates are shown on your bill and these payments must reach the council by the due date shown.

The council tax year runs from 1st April to 31st March, so payments are due on the 1st of every month. However, if you decide to pay via DD then you are usually given a choice of dates to make it easier for you.

If the payments do not reach the council by the due date or the date you have arranged with them then technically speaking you are behind with your payments and if you are behind with your payments, then as you have found, you forfeit the right to pay in installments over 10 months, which ultimately will result in a liability order issued against you.

If you sorted this out with the council before, then I suggest you write to them again and see if you can come to an agreement about which date the payments should be made.

[enaid]

Re: The Law Regarding Council Tax Payments

Hi Jester, if you go on Swansea web site for CC it will give you the dates you can chose to pay. Some offer 2, some 3 just depends and if you ring them and ask can you pay by DD then the setting up of it will take a couple weeks so you will be paying this months from last months wage, (hope that makes sense) so you will be infront rather than behind.

[WendyB]

Re: The Law Regarding Council Tax Payments

if you haven't set up a dd with a later date, the payment due date automatically defaults to the 1st, therefore making the payment late if it's not received by1st. Thats what my coucncil told me, and advised me to set up my date as 28th, meaning that my first payment wasn't due till 28th April.

I got this off Swansea Council website, seems quite straightforward, you could arrange the dd for 22nd of the month.

Are you a Direct Debit payer? If you’re not, please read on.

Direct Debit is the easiest and most convenient method of paying your council
tax. By choosing to pay by Direct Debit, you’ll never need to worry about missing
a payment, writing a cheque or queuing at the Council’s cash offices or Post
Offices. You may also save postage costs

.

To make it even easier to pay by Direct Debit, the Council now offers four
payment dates each month – the 1

st, 8th, 15th and 22nd – if you switch to
paying by this method. You can even choose to pay your council tax bill
over the statutory 10 instalments or over 12 instalments. (

The actual number
of monthly instalments will depend on when the instruction is set up.) Or you
may prefer to pay annually or half-yearly.
You don’t even need to fill in any forms. Simply choose the date that is most
convenient for you, have your bank details ready and then give the Council Tax
Section a ring on (01792) 635382. A member of staff will set up the Direct Debit
whilst you’re on the phone.
Alternatively, you may complete the instruction overleaf, remembering to include
your 10-digit council tax reference number (as shown on your bill) and also
remembering to tick the appropriate payment date.
Your council tax instalments will be debited from your bank account automatically
on the due date (or next working day if the due date happens to be on a weekend
or bank holiday)

[Jester]

Re: The Law Regarding Council Tax Payments

Sorry for the delay in posting back here, have been trying to migrate an XP installation from one machine to another as part of an upgrade all weekend which kept me away. I was then working away from home until today.

Anyway, I don't do DD payments. I don't like the fact that it almost gives such an authority carte-blanche to take whatever amount they choose from my account. Due to past financial problems I have had (which are well-documented on this site), I like to keep full control of what goes in and out of my account. Even my mortgage payments are made by Standing Order and not DD.

Anyway, I couldn't find any way of setting my payment date with Swansea Council to another day in the month other than to set up a DD - which I refuse to do.

So, this morning, I have fired off the following email to the Council Tax office at Swansea - it's not a huge amount different to the letter I sent them last year when this happened.



Good Morning,

I am somewhat bemused as to why I have received a letter this month stating that my Council Tax is overdue and that 'should you fail to pay any other instalment on time, the Council will not issue another reminder but can commence legal proceedings without further notice for the full outstanding balance'. I also received such a letter last month, but as I knew I was up to date on my payments, I had assumed the letter has been sent in error. However, with the receipt of the second letter this week, I can see that you believe no mistake has been made on your part.

The reason that I am bemused by this threat is because, as far as I am aware, I am fully up-to-date with my Council Tax payments. I pay my council tax monthly instalments online every month on, or around, the 20th of each month (but always before the end of each month). I have a full list of email confirmations to prove that I do this, including time of payment, date of payment and transaction numbers.

Whilst I understand that there are households within the Swansea Council area who do avoid paying their Council Tax whenever possible, it must be stated that I am NOT one of those households. I take the payment of the Council Tax very seriously and ensure that the payments are made each month as soon as my salary hits my bank account (on the 20th). A quick check of your own payment records for this household will confirm this matter.

As regard your 'threat' to commence Legal Proceedings, all I can say is that any Judge would take a very dim view of Swansea Council 'wasting court time' by taking such action as I can PROVE that payments are made every month and I am fully prepared to provide such proof to a court should you continue on this path.

May I ask that you cease harassing my household for monies that ARE being paid each month to Swansea Council (as above, I can PROVE this) and instead turn your attention to those that routinely refuse or avoid paying the council tax (and we both know there are many that do so).

Please be advised that further threats of this type will not be tolerated and that I reserve the right to report Swansea Council's actions to the relevant authorities. This includes, but is not limited to, my local MP, AM, Councillor and also the Welsh Assembly. I also reserve the right to go 'straight to the top' of Swansea Council on this matter.

I trust this has clarified that matter. Should you require, I can and will provide a full breakdown of Council Tax payments I have made to Swansea Council to PROVE that what I am asserting in this email is true. I look forward to a formal apology from yourselves in regard to this unwarranted and totally unnecessary threat that your office has made.

Regards,
Jester



Whilst I appreciate that the tone of the email is somewhat stern, I find that one has to take that attitude when dealing with Councils as they fail to take one seriously otherwise. I am also still annoyed at the heavy-handed threats they are making to me when there are all manner of households that simply avoid paying Council Tax by whatever means that they can. I DO pay my council tax and get annoyed when some 'upstart' from the Council Tax office (whose wages I pay thru my Council Tax payments) makes summary threats such as these. It doesn't wash with me that the letters are computer-generated as even computer-generated letters can be configured to check such things as raised in my email.

Anyway, thanks to all that replied. I am still considering writing to the Welsh Assembly about the law relating to Council Tax payment and why it should be no different to other creditor accounts (i.e. you can any time you want during the month as long as it is before the accounting cut-off date).

I'll let you all know the reply (if any) I receive.

Cheers

[Jester]

Re: The Law Regarding Council Tax Payments

Sorry for the delay in updatingonce again, but have been in hospital since the last message (in fact I still am in hospital and typing this from my netbook in my hospital bed !!).

Don't have the email reply to hand, but OH has seen it and told me that basically, after my last email to them, they have moved the due date each month and therefore I won't be considered in arrears anymore - which is basically what they did last year. So can expect to go thru this whole episode again this time next year methinks lol

Cheers to all for the help and advice.

[Muppet&Chaums]

Re: The Law Regarding Council Tax Payments

Dear Jester

Last year ( 2009/10) I got taken to Court by the Royal Borough of Windsor & Maidenhead for being ' in arrears ' of Council Tax.

At the date the RBWM issued the Summons there were no arrears of Council Tax. I was effectively being summonsed for paying on a date other than the first of the month.

I was not able to appear in person at Court to defend myself , the Council objected to this matter being held over and the Magistrates thus found in favour of the Council.

I immediately took the matter up with the Parliamentary Ombudsman.

I have asked the Council in wrioting twice and the Parliamentary Ombudsman where in Stautory or Case Law it states that you have to pay ion the 1st of the month.

No one has been able to direct me to the stautory provision or case. I was quoted ' The Council Tax (Administration & Enforcement) Regulations 1992 ' . This legislatuion is on the Internet & I can find no reference anywhere to defining a ' due date '.

I also note that other Councils facilitate paymenst on alternative dates. Notably by Direct Debit on the 15th of the month is common or as with Staffordshire Council offering ( sensibly ) ' You have a choice of payment dates being 1st, 15th or 25th of each month. '

Clearly there is no Statutory provision for a payment date.

What gives Councils the right to demand payment on the 1st of every month ?

M&C

[WendyB]

Re: The Law Regarding Council Tax Payments

You will probably find that unless you pay by direct debit and specify a date, then the payment due date automatically defaults to the first of the month. That's what happens with my council, anyway. Which means that if you specify 28th, as I did, then the first payment would not be due until 28th April, thus, in my case, meaning that it comes out of April's salary instead of March's, as I get paid on 27th.

[Muppet&Chaums]

Re: The Law Regarding Council Tax Payments

Oh....If anyone has the time or is interested...this is the legislation

The Council Tax (Administration and Enforcement) Regulations 1992
------------------------------- merged -------------------------------
Sorry...the forum will not post hyperlinks....lets try again

stick_this_in_ your_browser_www.opsi.gov.uk/SI/si1992/Uksi_19920613_en_1.htm

[Amethyst]

Re: The Law Regarding Council Tax Payments

What date did you make payments on ? When was the first payment made following the annual bill ? Did you change payment dates any way through the period ? How much arrears did they say you had ?

Dear Jester

Last year ( 2009/10) I got taken to Court by the Royal Borough of Windsor & Maidenhead for being ' in arrears ' of Council Tax.

At the date the RBWM issued the Summons there were no arrears of Council Tax. I was effectively being summonsed for paying on a date other than the first of the month.

I was not able to appear in person at Court to defend myself , the Council objected to this matter being held over and the Magistrates thus found in favour of the Council.

I immediately took the matter up with the Parliamentary Ombudsman.

I have asked the Council in wrioting twice and the Parliamentary Ombudsman where in Stautory or Case Law it states that you have to pay ion the 1st of the month.

No one has been able to direct me to the stautory provision or case. I was quoted ' The Council Tax (Administration & Enforcement) Regulations 1992 ' . This legislatuion is on the Internet & I can find no reference anywhere to defining a ' due date '.

I also note that other Councils facilitate paymenst on alternative dates. Notably by Direct Debit on the 15th of the month is common or as with Staffordshire Council offering ( sensibly ) ' You have a choice of payment dates being 1st, 15th or 25th of each month. '

Clearly there is no Statutory provision for a payment date.

What gives Councils the right to demand payment on the 1st of every month ?

M&C

[pompeyfaith]

Re: The Law Regarding Council Tax Payments

These payments could be in advance depending when the first payment was made for instance if the first payment of the financial year 2010 was due on the 1st April but you made your first payment on the 20th March 2010 then you would be in advance and all subsequent payments would also be in advance.

When was the first payment made.

I had this problem and had to direct them to the date of first payment.

PF

[NiteHawk]

Re: The Law Regarding Council Tax Payments

Dear Jester

Last year ( 2009/10) I got taken to Court by the Royal Borough of Windsor & Maidenhead for being ' in arrears ' of Council Tax.

At the date the RBWM issued the Summons there were no arrears of Council Tax. I was effectively being summonsed for paying on a date other than the first of the month.

I was not able to appear in person at Court to defend myself , the Council objected to this matter being held over and the Magistrates thus found in favour of the Council.

I immediately took the matter up with the Parliamentary Ombudsman.

I have asked the Council in wrioting twice and the Parliamentary Ombudsman where in Stautory or Case Law it states that you have to pay ion the 1st of the month.

No one has been able to direct me to the stautory provision or case. I was quoted ' The Council Tax (Administration & Enforcement) Regulations 1992 ' . This legislatuion is on the Internet & I can find no reference anywhere to defining a ' due date '.

I also note that other Councils facilitate paymenst on alternative dates. Notably by Direct Debit on the 15th of the month is common or as with Staffordshire Council offering ( sensibly ) ' You have a choice of payment dates being 1st, 15th or 25th of each month. '

Clearly there is no Statutory provision for a payment date.

What gives Councils the right to demand payment on the 1st of every month ?

M&C

Failure to pay instalments23. — (1) Subject to paragraph (2), where— (a)
a demand notice has been served by a billing authority on a liable person,

(b)
instalments in respect of the council tax to which the notice relates are payable in accordance with Part I of Schedule 1 or, as the case may be, a Part II scheme, and

(c)
any such instalment is not paid in accordance with that Schedule or, as the case may be, the relevant scheme,


the billing authority shall serve a notice ( “reminder notice”) on the liable person stating— (i)
the instalments required to be paid,

(ii)
the effect of paragraph (3) below, and

(iii)
where the notice is the second such notice as regards the relevant year, the effect of paragraph (4) below.


(2) Nothing in paragraph (1) shall require the service of a reminder notice— (a)
where all the instalments have fallen due; or

(b)
in the circumstances mentioned in paragraphs (3) and (4).


(3) If, within the period of 7 days beginning with the day on which a reminder notice is issued, the liable person fails to pay any instalments which are or will become due before the expiry of that period, the unpaid balance of the estimated amount shall become payable by him at the expiry of a further period of 7 days beginning with the day of the failure.
(4) If, after making a payment in accordance with a reminder notice which is the second such notice as regards the relevant year, the liable person fails to pay any subsequent instalment as regards that year on or before the day on which it falls due, the unpaid balance of the estimated amount shall become payable by him on the day following the day of the failure.

[ss002d6252]

Re: The Law Regarding Council Tax Payments

I can't remember seeing the legislation stating that the payment has to be on the first of the month (neither the council tax (administration & enforcement) regs 1992 or the local government finance act 1992 ) - I have undertaken the IRRV course in council tax legislation - however as posted above the law is clear that payment must be made on the date due and failure to do so allows the council tax to issue a reminder.

Part I section 2(4) of schedule 1 of the council tax (administration & enforcement) regs 1992 is also clear that the payment is due on the date shown on the demand notice.

The generally accepted date for council tax payments is the first of the month (some councils will differ from this) and payment must be received by this date if the council have decided this is the date they require payment.

[Brian]

Re: The Law Regarding Council Tax Payments

lets cut to the chase here, it depends on how skint they are as to how shirty they are!