Is my council meeting it's legal requirements?

[jadesdaddy]

Hi Guys

Just a quick question, I'm in dispute with my local council over the way they handle the collection of council tax and more to the point they way they enforce non payment.

I have recently made a formal complaint to them based not only on my experience of court (being told no magistrates!) but also the fact that the charges they make for a summons does not adhere to the The Council Tax and Administration Regulations.

They refuse to answer with any type of fact or indeed any legal reason that they are entitled to set their charges at what they do, only tell me that they set the charges and are allowed to change them as they see fit. I am also reminded of the following which they print on their summonses, that there are only 3 valid defences for not paying council tax the first one being:

The Council has not met it's legal requirements


Could it be argued that by ignoring The Council Tax and Administration Regulations and the fact that the cost of a liability order is set by the law at only £3 that the council have not met its legal requirements?

Thanks
Kenny

[stevemLS]

Re: Is my council meeting it's legal requirements?

What are you relying on saying that the maximum is £3.

The CT (Admin and Enforcement) Regulations 1992 refer at Reg 34 that the council may recover its "reasonable costs" with no mention of a cap or an amount.

It would certainly be more than £3.

[outlawlgo]

Re: Is my council meeting it's legal requirements?

I think these are the relevant costs:

In 2011/12 the composition of the costs were as follows:

69% of the total costs which were £80 were made up of the Summons costs (£55).

However in 2012/13 the ratio changed with 100% of the total costs of £85 being made up of the Summons costs (£85).

How did they manage to pull that one off without the Magistrates' court asking questions?

[jadesdaddy]

Re: Is my council meeting it's legal requirements?

Hi Steve take a look at this it clearly states the cost of a liability order is £3

[jadesdaddy]

Re: Is my council meeting it's legal requirements?

Hi Outlawlgo

I don't know how they got away with it. Seems that magistrates just keep their mouths shut and do as the council tell them, including lying to people telling them that there are no magistrates available to hear their cases, well at least here in Bradford.

The cost of a summons was dropped to £40 from £85 here, after many complaints by myself and no doubt others too. But I still think they are overcharging. I've seen the very long thread by you and wish you all the best with your case. Keep up the good work your doing a great job.

[jadesdaddy]

Re: Is my council meeting it's legal requirements?

opps sorry Steve forgot the link. Here it is. http://www.legislation.gov.uk/uksi/2.../schedule/made

[stevemLS]

Re: Is my council meeting it's legal requirements?

Yes, that's the fee payable to the Court, it is not the costs to the council.

I guess it is for the court to determine what is "reasonable" within the meaning of the 1992 Regulations.

[Crazy council]

Re: Is my council meeting it's legal requirements?

Yes, that's the fee payable to the Court, it is not the costs to the council.

I guess it is for the court to determine what is "reasonable" within the meaning of the 1992 Regulations.

On top of this, ( court fees of £ 3 ),
my council also used to pay approx £ 1 per produced/letter sent to a company.
Then
There is the cost of the operating softawre ( or a % of it )
The costs of computers hardware/phones
Then the staff costs.

But i agree with the OP, they charge way to high, Probable realistic costs at my council would be about £ 30 per LO. they charge £ 100 per LO.

If you wish to complain about the costs of LOs, the court would be the better one to complain to.

https://www.whatdotheyknow.com/reque...incoming-76185

although it requiresa some digging through, this above FOI was the closest i ever got to an answer for that question. You will notice on WDTK, the council try not to answer that question generaly