summons for council tax

[flicky1314]

hi guys I've had a summons for liability order for council tax at an old address. what do I do now. I'm self employed and only benefits I get are tax credits.

[Kati]

Re: summons for council tax

you could turn up and plead your case (not many people bother)??

tagging [MENTION=92682]lgfa92[/MENTION] [MENTION=26498]ploddertom[/MENTION] [MENTION=8136]outlawlgo[/MENTION]

[flicky1314]

Re: summons for council tax

I am working that day. obviously can't afford to take the day off.
is this a genuine letter ??
or just a scare tactic.
thanks for ur reply hun x

[outlawlgo]

Re: summons for council tax

I am working that day. obviously can't afford to take the day off.

Excerpt from the Justices Clerks' Society under heading "Procedure: Liability Order Application":

2. The court hears a bulk application for all non-attenders: the Council representative proves the technical requirements and gives evidence that the sums levied have not been paid.

3. Any defendant attending or writing to the court is dealt with individually and orders made (or not made) in their case. Their attendance or otherwise is also recorded.

[flicky1314]

Re: summons for council tax

thank u [MENTION=8136]outlawlgo[/MENTION] but I'm sorry could u plz explain that to me in easier terms. I don't understand any of this

[Kati]

Re: summons for council tax

so Flicky could write to the court instead of turning up??

[outlawlgo]

Re: summons for council tax

You apparently don't need to take time off work. You can submit your defence/representations in writing to the court.

[flicky1314]

Re: summons for council tax

ok thank u although I've nothing to defend .I owe it just can't afford to pay it ☹☹

[flicky1314]

Re: summons for council tax

I've just rang the court and the lady said there's nothing showing with my name x

[lgfa92]

Re: summons for council tax

I've just rang the court and the lady said there's nothing showing with my name x

The court will give the council a hearing date but the names will not be known until the council provide a list of all the cases that they are applying for. The court may not have had this to hand - if you need to double check it's still on that particular hearing then you're best to ask the council. Each court hearing I used to attend had one or two pieces of correspondence which had been sent in and looked at by the court so it was not unusual.

hi guys I've had a summons for liability order for council tax at an old address. what do I do now. I'm self employed and only benefits I get are tax credits.

That would be of no interest to the court - the liability order hearing is to confirm the monies are outstanding, not why. (The court has very limited powers in respect of hearing a dispute). Any payment arrangement etc would need to be discussed with the council.

Craig

[outlawlgo]

Re: summons for council tax

Be interesting to know what is so different about East Devon District Council's administration that it charges £42 for issuing a summons and adds £10 if the case proceeds to court, whilst Mid Devon District Council charges £20 summons costs and adds £40 if the case proceeds to court.

[flicky1314]

Re: summons for council tax

is this a scare tactic do u think? shall I just write and over something a month ??

[outlawlgo]

Re: summons for council tax

is this a scare tactic do u think? shall I just write and over something a month ??

I guess if you offered so much a month the council would do one of the following (depending on its policy):

i) Accept the offer and not obtain a liability order but include the summons costs in the overall payment (£20)

ii) Accept the offer but include the summons costs and obtain a liability order adding those costs in the overall payment (£20 + £40)

iii) Accept the offer and waive the summons and/or liability order costs

iv) Refuse the offer

v) Do something else

[outlawlgo]

Re: summons for council tax

Have a look at Mid Devon District Council's Debt Collection Policy (page 3 onward, this document)


For example paragraph 2.5:

"Authorised officers will be able to intervene in the recovery cycle in appropriate circumstances to deal with hardship or dispute situations. This includes the ability to make deferred payment arrangements where immediate payment is impossible due to lack of means."

and paragraph 2.22:

"Where legislation permits, the Council will seek to levy and recover from the debtor any and all costs/fees that are legitimately due from the debtor to the Council or its agents. Only in exceptional cases, where it would not be in the public interest to pursue costs/fees, will they be waived."

[lgfa92]

Re: summons for council tax

is this a scare tactic do u think? shall I just write and over something a month ??

No - a council won't use a summons as a scare tactic. If payments are behind then they will issue one.

In the vast majority of cases a Local Authority will only agree a payment arrangement as part of a plan which still involves obtaining the liability order. This means that that they can still enforce if payment is not made but, as pointed out, the exact process will depend on the Local Authority and exactly how they want to proceed with it.