Council Tax Court

[Unregistered]

Hi

I have a question that is really bugging me...

My Local Council says that they don't have to inform me that my account has been to court or even send a letter to say my account is in arrears. Is this legal practice?? I feel like my rights have been taken away to explain my financial circumstances.

I will look forward to your feedback, Thanks'

[Wazzer1979]

Re: Council Tax Court

I have had the same bailiffs knocking on my door asking for the council tax arrears when I didn't even know it had gone to court. Talk about unfair justice, so I ask the question myself the bailiffs just seem to be judge and jury these days....

The only answer I get is; you should just pay your bills... everyone has different financial circumstance... My; hardworking self employed, a company had gone bust on me for £140000.00 and taken my savings, 7 children, and never had any fancy life style or fancy car as a family takes trips my bus/train, always paid my bills until that moment.

So I had no court hearing to explain my circumstances and not entitled to any benefits due to being self-employed...

[Wazzer1979]

Re: Council Tax Court

Does anyone else know if the local council fails to inform you that the council tax bill has gone to court??? Is it legal ???

[lgfa92]

Re: Council Tax Court

Does anyone else know if the local council fails to inform you that the council tax bill has gone to court??? Is it legal ???

They have to legally :

Issue a demand notice
Issue at least one reminder / final notice
Issue a court summons.

After that there is no requirement to advise you a liability order has been granted. Each form of recovery they take however will have some form of notification requirement built in to it and that is all that is required at that point.

Craig

[Wazzer1979]

Re: Council Tax Court

Thanks Craig,

Is they any evidence to back this by any official documentation. I would love publish in my local news paper to make other people aware of this. And may be the local council realise there actions are illegal.

As the council thank you need to do this as mentioned in you previous reply.

[Wazzer1979]

Re: Council Tax Court

They have to legally :

Issue a demand notice
Issue at least one reminder / final notice
Issue a court summons.

After that there is no requirement to advise you a liability order has been granted. Each form of recovery they take however will have some form of notification requirement built in to it and that is all that is required at that point.

Craig

Sorry to ask so many questions but; is the issue of demand notice per council tax year or the life time been registered at that address

[Wazzer1979]

Re: Council Tax Court

Hi

I found a document, but I have found it difficult to interpret

The Council Tax (Demand Notices) (England) Regulations 2011


I believe every should pay the bills and taxes, but it's choice between putting food on table for the kids or paying a council tax bill? In stead the council sends the bill to the baillifs with out notice. Which again they believe they don't need too. So this is why I'm going to but and undercover operation together with local council and the aftermath with how the baillifs treat people. So I need to collect as much facts and evidance as possible. Hopefully it will stop the council doing this to lots of other people in the future.

So any help in finding any legal information would be greatful

[wales01man]

Re: Council Tax Court

When CT becomes overdue unless the debtor contacts the Council they will take action Courts and further steps including Bailiffs which add costs to the debt if the Council are contacted when hardship to pay occurs most will make some arrangement for easy payments.

If they are not informed that the CT payer is in financial difficulty what can they do?
Lesson is talk about the debt not ignore it plenty of help and advice available I know from experience.

[lgfa92]

Re: Council Tax Court

Thanks Craig,

Is they any evidence to back this by any official documentation. I would love publish in my local news paper to make other people aware of this. And may be the local council realise there actions are illegal.

As the council thank you need to do this as mentioned in you previous reply.

Take a read through the council tax (administration and enforcement) regs 1992 (as amended) - it outlines the whole process. Alternatively take a look at most council websites and they lay out the process. If you look at regulations specific to the granting of the liability order you will see there is no requirement for notification, the notification is included as part of the specific recovery process used. i.e. an enforcement agent must send you notification a liability order has been issued and he is acting on that, an attachment of earnings order must advise you that the attachment is issued for a liability order. There is nothing which has to be issued to just say ' by the way we obtained a liability order yesterday'.

The general process, allowing for some tweaking around the edges, has not changed since council tax was introduced - the aspect regarding informing people a liability order has been granted has never been part of the regs.

Sorry to ask so many questions but; is the issue of demand notice per council tax year or the life time been registered at that address

(To simplify it as there some exceptions) Each time a new or revised charge becomes due -for example a new years council tax charge or a new discount is awarded - a demand notice is issued. The recovery process is tied to that demand notice only (and the charge associated to that notice).

The Council Tax (Demand Notices) (England) Regulations 2011

This (as it amends earlier Demand Notice regs) lays out what a demand notice should show (and what should be included with the notice) rather than the recovery process itself. There isn't a direct equivalent regulation regarding liability orders as it's not needed, the Admin & Enforcement regs cover the requirements.

Craig