Couples liability.

[Stresshead75]

Hello, why do the council bill us as a couple but summons us to court as seperate people. Same account /ref number.

confused. Thank you. SH75

[lgfa92]

It's just down to the way different parts of legislation work - a demand notice can be issued in multiple names whereas they are required to make a magistrates' court complaint for non-payment in each individual name. A court summons is then issued in respect of each name on the complaint. It doesn't alter the fact that a party is jointly liable.

[Stresshead75]

So can they charge court costs to both aswell?

[lgfa92]

So can they charge court costs to both aswell?

Each summons application will have costs, unless the council waive their application.

[Stresshead75]

They found us liable anyway because we were a week late with payments, Held a hearing and found us liable for the year. Perpetual debt.

Have to go to council to get this sorted. Thank you for your help. SH75

[lgfa92]

Unless there is a technical defence then it's almost impossible to defend against the liability order application. I've managed to prevent a few orders on the grounds of technical issues but it's a rare outcome.

Apart from the court costs which have been added so far the council tax charge will still be the same. Are you able to come to a payment arrangement to clear by 31 March?

[Stresshead75]

I will have to dig out the paperwork and get back to you, Thank you for your time. SH75

[ploddertom]

You must have been late paying on more than 1 occasion for it to have gone this far? Just make sure you avoid it being sent for enforcement.

[lgfa92]

Late payment on one occasion can still result in a summons if the instalment was not paid within 7 days of the reminder being issued.