Council Tax Court Costs

[Amethyst]

I know this has already been discussed in various places but I wondered if there were any legs in getting council to reduce the 'court fee' they specify on their summons' to reflect what they actually pay as a 'court fee'.

''The charge made by HMCS is £3 for each summons issued whether
subsequently withdrawn or not.'' - Regardless of the amount claimed.

Actual costs of obtaining Court Summons in relation to unpaid Council Tax - WhatDoTheyKnow

Worth looking into ?

Local authorities use the magistrates’ courts to enforce non-payment of council tax. This process begins with an application (called a 'complaint') for the court to issue a summons informing the individual that the local authority is seeking unpaid council tax and asking the individual to attend court if they wish to challenge the court making a liability order for that amount. The issue of a summons for non-payment of council tax or non-domestic rates must be authorised by a Justice of the Peace or Legal Adviser with delegated powers from a Justices’ Clerk. Fees are chargeable and the decision of the court at the hearing must be recorded in a court register.

[Guest]

Re: Council Tax Court Costs

I remember looking at this some time ago, when I was helping someone with council tax issues. I seem to recall the council claiming that they had internal costs, on top of the fee the Magistrates' Court charged them.

This in itself may not be unreasonable, but when I served them with an FOI request asking how many Liability Orders they issued, it transpired that they made over £800,000 "gross profit" from the difference between what they charged the debtor and what it cost the council.

The problem seems to be one of shame. There is a stigma attached to suffering an inability to pay bills, in particular council tax and too few people are prepared to act. I know that once the issue I was dealing with was resolved, the individual concerned wanted no further action taken and I was powerless to act alone.

[temps]

Re: Council Tax Court Costs

Hello, it's my first post so I'm interested in how it goes. I changed banks earlier this year and my direct debit to the council didn't transfer. I received a non-payment reminder and direct debit mandate, I paid the full amount in the reminder and also returned the direct debit. A month later I received the second reminder (so obviously the direct debit wasn't set up) immediately paid the required amount to bring the account back into order. Two weeks later (last Friday) I received the summons ....
I called the council, to protest that the situation had occurred because of the failure of the DD and that it is unreasonable for the council to issue a summons only two weeks after I had made a payment to bring the account into order; apparently the next payment had fallen due two days after I brought the account into order. No one (I spoke with the team leader last) was in the least bit interested in my mitigation and so I was left between a rock and a hard place.
Anyway, now I've paid the year's council tax in full but have chosen not to pay the exorbitant £125 "costs" and I'm quite prepared to contest that the council's behaviour is unreasonable. I've also written to my local councillor and MP.

Have I got a case? Surely the Council must give a person a "reasonable" amount of time after a payment is due? What would that length of time be? As for the costs - I note that some councils charge as little as £40. After all, this is an automated letter.

I could go on .... clearly this is a cynical money-making activity and I think that it is quite disgusting.

[Amy]

Re: Council Tax Court Costs

The trouble with council tax is that paying in installments is a concession 'kindly' granted by local councils. If you miss or are late paying an installment, then the full amount becomes payable automatically and immediately.

Local councils tend to be a bit quick off the mark with regard to applying to the courts for a Liability Order, as you have found out and I think you've done absolutely the right thing in refusing to pay and involving your MP.

Did you actually receive a Liability Order or did the council just send you a letter?

[temps]

Re: Council Tax Court Costs

Amy, it's a summons for non-payment of council tax. They booked a hearing for the first week of Jan. The whole process seems very dodgy to me in that a "council representative" will be conducting the hearing therefore they will be neither impartial nor objective.

[Amy]

Re: Council Tax Court Costs

It will be at the magistrate court and I strongly suggest you attend this hearing.

[temps]

Re: Council Tax Court Costs

Thanks, but what is my argument, apart from I think they are being unreasonable? Am I wasting my time?

[temps]

Re: Council Tax Court Costs

I was just wondering whether or not this helps. It's like untangling spaghetti to me, but does (3) say that, in its reminder notice, the Council should have advised me that I had a further seven days to make the payment that had become due? If the Council did fail to advise me then it renders the notice invalid, doesn't it?


it's from this link
The Council Tax (Administration and Enforcement) Regulations 1992

Failure to pay instalments
23.—(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.

[Amy]

Re: Council Tax Court Costs

I would agree with you and given that you have paid off your council tax in full, it will be very interesting to see if the council actually pursue you merely for their costs.

This is why you need to attend the hearing and make your case; this is your argument.

I admire you for sticking with this xx

[temps]

Re: Council Tax Court Costs

went to hearing today - council tried to "stitch me up" before hearing, saying that they'd make a liability order then have a debate. I said I'd go before the Magistrate. Waited 2 hours. Called for hearing only for force majeure, and snow stopped play. Adjourned until 24th Feb.
Interestingly a lot of people were at the pre-hearing in similar circumstances, where the Council took out a summons "on a technicality" in spite of the fact that they had been making regular monthly payments.

[Amy]

Re: Council Tax Court Costs

Nice work, well done. Let us know the outcome won't you.

[temps]

Re: Council Tax Court Costs

Ha! Well things didn't go too well. I stopped them dead in their tracks when I offered the "legal" challenge based on the fact that the second reminder didn't comply with the Regulations. However the Council rep. proceeded to bamboozle them (and me) with quick-fire reasons as to why the Council had complied with the Regulations. When I replied by saying "the Regulations have very specific wording and I see none of that wording in this reminder" I was more or less told to shut up and that the Panel found against me and it was not prepared to judge as to whether or not the wording was correct .... if I wanted to challenge this then I would have to take the matter to a higher court.
I actually thought that the panel was there to make judgments on the basis of the law, and I certainly didn't think that the proceeding was fair. It seems perverse that the finding against me was on the basis that they didn't seem to want to explain to me how the second reminder had complied with the law .... I thought that if there was some doubt then it implied innocence .... silly me

[alroh57]

Re: Council Tax Court Costs

Iwent to court for this. Had a letter saying i was in recipt of J.S.A . Spoke to job centre & council tax people, they blamed each other. I went to court thinking the magistrates would see some sense in this all and see that it wasnt my fault.
On the day only got to see council tax man, said dont have any details but it looks like I had J.S.A. and take itup with them. I left with £45.00 court costs plus my 1. month bill.

A long story short. I had j.s.a. but did not actualy recieve any money till after the bill was due, so that was my responsibility to pay it.