Council Tax Error

[Ks26]

I am looking for some advice I am a 37yr old single Mum of a 3yr old currently in receipt of Income Support unfortunately last year I got into debt with my council tax and came to a repayment plan with them to pay £15 every fortnight I did this for around 3 months, I decided to apply for a benefit loan through the DWP to pay off the amount owing so it would be gone once and for all.

The morning my loan went into my account I called the Council and asked how much in arrears I was and that I was calling to clear the amount which I was told was £105 I paid by card and was sent an email receipt as proof.

I have since received a letter from the Council to say that they are taking me to court on the 25th Sept for failure to pay council tax.

It's like they don't know what they're doing. The only amount owing is £15 (to the beginning of Sept/new tax year) I've cleared my arrears.

I'm worried yet also fed up as I have a receipt stating the amount I paid etc I was told by the person I spoke to that I had cleared my outstanding debt.

Apologies for the long winded message what should I do?

[outlawlgo]

Re: Council Tax Error

[MENTION=92682]lgfa92[/MENTION] should know the best questions to ask

[lgfa92]

Re: Council Tax Error

I have since received a letter from the Council to say that they are taking me to court on the 25th Sept for failure to pay council tax.

If you've been given a date for a court hearing their can only be four possibilities - 1) there's a committal hearing, 2) there's a liability order hearing for this year's council tax, 3) its a charging order hearing or 4) it's a bankruptcy hearing.

It's very unlikely to be 1) as they couldn't take committal action whilst an enforcement action is already in place (the attachment) and they'd have to used an enforcement agent first. Option 3) and 4) are unlikely without large debts so this leaves 2) as the remaining option.

If you were told by the person taking the payment that it brought you up to date then you may have an argument with the council but it would all depend on when you made the payment, what payments were due before/since then and when the relevant reminders/summons was issued. The only people who have this information would be the council.

Craig

[Ks26]

Re: Council Tax Error

All the letter says is that it is a summons for non-payment of Council Tax. To answer the complaint that you are the person properly liable to pay Council Tax and that the sum shown below has not been paid in respect of the Tax set out by the Council. If you do not appear at the hearing you will be proceeded against as if you had appeared.

The amount they're showing on the letter is the amount I paid on the 7th of August for the outstanding arrears of £105.

I have the email receipt they sent through straight after the payment went through?!?!?!

[outlawlgo]

Re: Council Tax Error

Too late to contact the council to ask for the balance outstanding on your account (weekend), however, you might be able to check the state of your account on the council's website by entering you account number etc.

[Ks26]

Re: Council Tax Error

Too late to contact the council to ask for the balance outstanding on your account (weekend), however, you might be able to check the state of your account on the council's website by entering you account number etc.

I don't need to check the state of my account I have £15 owing and the arrears I paid. I have a receipt from the Council in the form of a generic email receipt stating the date and time I paid the amount the reference number of the person who dealt with it etc.

I'm actually livid as this isn't the first time they've made an error although it didn't get to this stage. It annoys me especially as I know I'm in the right and I don't need this stress. This is an error on their part.

[outlawlgo]

Re: Council Tax Error

What is the £105 made up of (on the summons). Normally the total is broken down with the amount outstanding in Council Tax and the summons costs.

[lgfa92]

Re: Council Tax Error

I'm actually livid as this isn't the first time they've made an error although it didn't get to this stage. It annoys me especially as I know I'm in the right and I don't need this stress. This is an error on their part.

If you are certain it's an error then the only people who can say for certain are the council as they're the only ones with the records.

If you want us to try and get to the bottom it, it would require knowing:

When you made the payment and how much was paid for this year's council tax and how much was for last years arrears.
How much you've paid in other payments towards this year's council tax and when payments were made.
The dates and amount of each of the year's instalments
The date and amount shown on the last final notice / reminder which you received.
The date of the summons and the breakdown of council tax / costs on it

Without all of the above it's impossible to say.

Craig

[Ks26]

Re: Council Tax Error

Hi so today I called the Council and they agreed that I paid the arrears the whole reason for the letter to go to court is because I am one month in arrears of the new tax year which amounts to £15 they've very kindly (sarcasm here) added £50 fee and a further £3 charge on top of that. The amount stated in the letter is for the whole tax year until April of next year.

Doesn't seem right somehow especially considering I didn't receive a reminder or a final warning letter about the £15!!

I feel especially as I paid off my previous arrears of £105 last month to bring me up to date that they are now taking me to court over £15 That it's taking the mickey somewhat. I'm a single Mum on income support with a nearly 3yr old my finances are stretched enough as it is.

Do you have any advice of to what I should do? Many thanks in advance

[Ks26]

Re: Council Tax Error

If you are certain it's an error then the only people who can say for certain are the council as they're the only ones with the records.

If you want us to try and get to the bottom it, it would require knowing:

When you made the payment and how much was paid for this year's council tax and how much was for last years arrears.
How much you've paid in other payments towards this year's council tax and when payments were made.
The dates and amount of each of the year's instalments
The date and amount shown on the last final notice / reminder which you received.
The date of the summons and the breakdown of council tax / costs on it

Without all of the above it's impossible to say.

Craig

Please see above post, thank you

[lgfa92]

Re: Council Tax Error

Hi so today I called the Council and they agreed that I paid the arrears the whole reason for the letter to go to court is because I am one month in arrears of the new tax year which amounts to £15 they've very kindly (sarcasm here) added £50 fee and a further £3 charge on top of that. The amount stated in the letter is for the whole tax year until April of next year.

Doesn't seem right somehow especially considering I didn't receive a reminder or a final warning letter about the £15!!

I feel especially as I paid off my previous arrears of £105 last month to bring me up to date that they are now taking me to court over £15 That it's taking the mickey somewhat. I'm a single Mum on income support with a nearly 3yr old my finances are stretched enough as it is.

Do you have any advice of to what I should do? Many thanks in advance

To grant the liability order the court have to be satisfied that all documentation was issued correctly. Prior to the summons there must have been at least one reminder or final notice issued - providing they can demonstrate it was posted to the correct address then it is deemed to be delivered unless you can prove it wasn't received.

Only the council can advise when, and to where, the notice was issued.

Craig

[Debt Camel]

Re: Council Tax Error

This does seem unreasonable. Have you tried contacting a local councillor? It may help if you can offer repayments for the rest of the financial year to be paid by DD.

Council tax is a priority debt. It needs to be paid first, before you pay other debts such as credit cards, catalogues, loans. Paying it by DD is sensible, once you have got into a mess in one year, councils are much quicker to take action on subsequent years.

[lgfa92]

Re: Council Tax Error

The reasonability question can be asked but from a legal point of view the reasonability issue isn't addressed in legislation - as far as legislation is concerned payment must be made at the amount specified and no later than the date specified, fail to do that and you can be summonsed, it's effectively a double condition that must be met to continue with the right to pay by instalments.

There's certainly no harm in asking the council about the action they've taken but if they decline to cease the action that they are taking then there's not a huge amount you can do about it.

Have you looked in to the 'Section 13A reduction' ?

Craig