Council Tax Paid Up To Date But Court Summons Received

[simonf1973]

Morning.
Any assistance with this gratefully received.

We fell behind with our council tax payments earlier this year and ended up 3 months in arrears.

We received a final notice which I reacted to by calling the Council and we made an agreement that I would pay an amount immediately followed by the balance by the 8th October.

This it was agreed would mean the Council would not begin proceedings via the County Court and we could continue to pay in instalments.

The balance and the forthcoming month were paid on the 7th October and so we are now up to date and in fact the next payment is not due until November.

Loe and behold a County Court Summons has arrived this morning for the outstanding amount up until April next year.

I called the Council Tax department at the council. They chap I spoke with checked the account, put me on hold, came back to me and announced that indeed my account was up to date as I had said and as per our agreement, and that as a "Gesture of Goodwill" they would stop the proceedings and cancel the County Court hearing......

I nearly fell off my chair (I always sit down for calls - It keeps me calmer than if I stand!) - What does he mean "gesture of goodwill"?!?!

Am I wrong in thinking that what he meant to say was, "thank you for keeping to the agreement you made with us - We, your humble servants whose wages you contribute to, know it is a struggle to find upwards of £200 every month in these difficult times, and we apologise profusely for harassing you in this way - This was a mistake on our part and we are sorry."

I have asked that they confirm in writing that they have cancelled the Summons.

Is their behaviour legally correct?

[Sapphire]

Re: Council Tax Paid Up To Date But Court Summons Received

I'm not sure about their behaviour being legally correct, more like the fella was getting above himself in my opinion.

Well at least your 'up to date' though and thats a great thing I believe.

[Amethyst]

Re: Council Tax Paid Up To Date But Court Summons Received

Legally and procedurally they acted correctly. They are under no obligation to accept installments once you have missed payments.

[Guest]

Re: Council Tax Paid Up To Date But Court Summons Received

Do you mean County Court or Magistrates' Court? The usual procedure for a failure to pay council tax is an application by the council to the Magistrates' Court for a Liability Order.

As above, if you fail to make payments when they fall due, you may lose the right to pay by instalments and the full amount outstanding becomes due.

[WendyB]

Re: Council Tax Paid Up To Date But Court Summons Received

Do you mean County Court or Magistrates' Court? The usual procedure for a failure to pay council tax is an application by the council to the Magistrates' Court for a Liability Order.

As above, if you fail to make payments when they fall due, you may lose the right to pay by instalments and the full amount outstanding becomes due.

and then they tend to throw the book at you. Yes, the chap was probably a bit up himself, but it's sorted now,so file it under settled and don't worry about it.