Council Tax Court summons received days after court hearing!

[Needhelp89]

Hi all

I'm wondering if I could get some advice:

I have come home today to a court summons for unpaid council tax. I previously had a payment plan but unfortunately missed my last payment. However the date for the court hearing is listed as September 23rd! Today being the 27th.

I am able and willing to pay the arrears but I'm wondering if further judgements will now still be made towards me despite receiving the summons after the date I was due in court?

Many thanks

[lgfa92]

Re: Council Tax Court summons received days after court hearing!

Hi all

I'm wondering if I could get some advice:

I have come home today to a court summons for unpaid council tax. I previously had a payment plan but unfortunately missed my last payment. However the date for the court hearing is listed as September 23rd! Today being the 27th.

I am able and willing to pay the arrears but I'm wondering if further judgements will now still be made towards me despite receiving the summons after the date I was due in court?

Many thanks

It will almost certainly have gone ahead (assuming the council went ahead with the application) - the council are only required to send it to the last known address under http://www.legislation.gov.uk/uksi/1...lation/35/made .

The interpretations act 1978 covers what postage means under http://www.legislation.gov.uk/ukpga/1978/30/section/7 . Assuming the council can show that it was issued in plenty of time to the last known address then you'd have a hard job showing it was legally issued correctly.

LGFA92

[Indebt]

Re: Council Tax Court summons received days after court hearing!

The problem is, that even if you have missed the hearing, the majority of the fees will have been front loaded in applying for the summons. For example, an £85 charge for obtaining a liability order will typically be broken down as follows:

Cost of obtaining summons £65
Cost of liability order hearing £20

This means that the costs involved in obtaining the summons will already have been incurred, regardless of whether the hearing went ahead or not.

It is certainly worth contacting the council to find out why the summons was received after the hearing date (unless as LGFA says, there has been a change of address and the summons was sent to the last known address.

[lgfa92]

Re: Council Tax Court summons received days after court hearing!

I'd agree - by all means contact the council and ask. There's nothing to stop them from ceasing action if they so wish.

I spent 10 years working for a local authority and I must have stopped thousands of summons and liability order for being wrong - I used to get wrong from my manager for it but as the complaints manager agreed with me, if it's wrong, its wrong and it should be withdrawn as soon as it's known to be wrong.

LGFA92