Council Tax Summons
Discussion
What is the law around getting a court order for ct.
Friend of mine moved out of a house in jan 15 but the council had an outstanding amount on his account and applied for a summons for the ct till the end of march. My friend called them and said he excepted he owed the amount less about £360 which is the two months he doesn't owe.
They said they would proceed as they wanted a court order for his outstanding and once they had this they would then reduce the amount to the correct one
Can they do that?
Friend of mine moved out of a house in jan 15 but the council had an outstanding amount on his account and applied for a summons for the ct till the end of march. My friend called them and said he excepted he owed the amount less about £360 which is the two months he doesn't owe.
They said they would proceed as they wanted a court order for his outstanding and once they had this they would then reduce the amount to the correct one
Can they do that?
Is a Council, so they think they can do whatever they like.
If they are insistent on doing this, I would advise that your mate attends court with his original CT bill, and evidence of payments to date - this should show, for example - Original demand £1000, monthly payments of £100 * 9 - outstanding amount = £100, not £300.
Judge should then kick it out of Court, but this needs to be an in person thing.
If they are insistent on doing this, I would advise that your mate attends court with his original CT bill, and evidence of payments to date - this should show, for example - Original demand £1000, monthly payments of £100 * 9 - outstanding amount = £100, not £300.
Judge should then kick it out of Court, but this needs to be an in person thing.
He sad he got the summons and it was a day he was working away only had 4 days notice so didn't go. He called the council told them he had moved and they said they would still get a liability order for the wrong a out as he owed £400 less.
They now have the order and he is trying to negotiate payment but they keep sending him letter ref the full amount.
They now have the order and he is trying to negotiate payment but they keep sending him letter ref the full amount.
jbsportstech said:
He sad he got the summons and it was a day he was working away only had 4 days notice so didn't go. He called the council told them he had moved and they said they would still get a liability order for the wrong a out as he owed £400 less.
They now have the order and he is trying to negotiate payment but they keep sending him letter ref the full amount.
So he didn't bother telling them he'd moved before. How were the Council supposed to have accurate records of how much to charge him?They now have the order and he is trying to negotiate payment but they keep sending him letter ref the full amount.
And "only four days notice" too
Firstly that doesn't sound overly realistic. Secondly four days is plent of time to get prepared if you really want to. I once sold a flat at the beginning of March and the CT was paid until the end of March already so for the sake of the sale I agreed not to claim back the extra month and the new owner would take over from 1st April.
2 years down the line, the council wrote to me asking me to pay the outstanding council tax for the subsequent year and the letter was pretty threatening giving me something like 7 days to pay the whole year, legal proceedings blah blah. I was upset by this and called them up and said that I had sold the flat before the date of liability. They agreed and said that as the new owner would not pay they were hoping I would pay and then use my solicitor to get the money off the new owner. They actually admitted I was not technically liable and they were trying it on. I was stunned.
I told them they would not be getting the money from me and never heard from them again.
2 years down the line, the council wrote to me asking me to pay the outstanding council tax for the subsequent year and the letter was pretty threatening giving me something like 7 days to pay the whole year, legal proceedings blah blah. I was upset by this and called them up and said that I had sold the flat before the date of liability. They agreed and said that as the new owner would not pay they were hoping I would pay and then use my solicitor to get the money off the new owner. They actually admitted I was not technically liable and they were trying it on. I was stunned.
I told them they would not be getting the money from me and never heard from them again.
They are utter gits.
I got a demand letter from them about 5 years after moving. Somewhat baffled I asked why they had only just contacted me to find they had just thought to ring my brother who had given them my address. Still baffled.
I asked them to confirm voids, allowances and dates and pointed out that as this was all five years ago my memory was somewhat faint and I would not just be paying up. My suspicion was that the property was let or empty during the period that they were trying to collect.
Anyway they must have decided that I was being hard work as they never bothered me again.
I got a demand letter from them about 5 years after moving. Somewhat baffled I asked why they had only just contacted me to find they had just thought to ring my brother who had given them my address. Still baffled.
I asked them to confirm voids, allowances and dates and pointed out that as this was all five years ago my memory was somewhat faint and I would not just be paying up. My suspicion was that the property was let or empty during the period that they were trying to collect.
Anyway they must have decided that I was being hard work as they never bothered me again.
Having just sold my main home and moving in with my brother for a month whilst my new one completes, I have nothing but praise for my local council. I updated them via their easy to use web portal. They refunded me the payments accordingly and have just confirmed the details of the new ace with the correct bill.
No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
surveyor said:
They are utter gits.
I got a demand letter from them about 5 years after moving. Somewhat baffled I asked why they had only just contacted me to find they had just thought to ring my brother who had given them my address. Still baffled.
I asked them to confirm voids, allowances and dates and pointed out that as this was all five years ago my memory was somewhat faint and I would not just be paying up. My suspicion was that the property was let or empty during the period that they were trying to collect.
Anyway they must have decided that I was being hard work as they never bothered me again.
My mum had a similar thing with her buy to let.I got a demand letter from them about 5 years after moving. Somewhat baffled I asked why they had only just contacted me to find they had just thought to ring my brother who had given them my address. Still baffled.
I asked them to confirm voids, allowances and dates and pointed out that as this was all five years ago my memory was somewhat faint and I would not just be paying up. My suspicion was that the property was let or empty during the period that they were trying to collect.
Anyway they must have decided that I was being hard work as they never bothered me again.
When she viewed it was tenanted but they were under notice. Bought it and the tenant moved out during the pre exchange phase. She did it up and claimed the 6 months vacated element for council tax. 2 or 3 years later she got a demad for the this to be paid. Enquiries were made and turned out previous owner had recently claimed through an account that the property had been vacent 6 months prior to the sale which is not true about 1-2 months tops but they had paid him the money without question or consulting mum despite the fact she had emails stating it tenented until she bought it My mum panicked and paid the demand for fear of the council. Made me so cross.
LoonR1 said:
Having just sold my main home and moving in with my brother for a month whilst my new one completes, I have nothing but praise for my local council. I updated them via their easy to use web portal. They refunded me the payments accordingly and have just confirmed the details of the new ace with the correct bill.
No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
Sorry he did inform them and so did the letting agent when he left the property as he has a bill for his new house from feb it's just convient collections are a month or two behind when it comes to monies owed.No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
When in Devon and Exeter the councils were great but Taunton Deane and ssc are terrible.
austinsmirk said:
Councils don't take you to court when you owe 2 mths.
I suspect he owed way more. Legged it from prop. Ignored all paperwork etc.
I presume he can prove where and when he moved to on the 15 th ?
I love generalisations, you might be right for some places but you are very wrong for others. I suspect he owed way more. Legged it from prop. Ignored all paperwork etc.
I presume he can prove where and when he moved to on the 15 th ?
Heart District don't send one until the financial year has ended, Surrey heath send you a court summons when you are 2 months in arrears and charge you £80 for it.
Imagine my shock when i moved and discovered i couldn't just pay it all at the end of the year in March like i had for the 4 years previously.
Then imagine my shock when i was told i couldn't choose what date their dd came out on and if i would like to set up a standing order for it i would need an official repayment plan which meant i had to have a further charge of £80 added.
I now just use the same bank details each year, pay them by SO and accept there will be the threat of court action in July until i point out i have paid it.
This will be followed by another call telling me i shouldn't pay by SO unless i have set up a repayment plan and that they should really charge me £80 for paying by SO.
Once i tell them i am happy to see them in court about that a "supervisor" decides to let me off "just this once".
Edited by omgus on Tuesday 3rd March 21:34
I moved bank accounts a while ago and wanted to move the direct debits myself.
I therefore cancelled them, and waited for the holders to write to me to set up new ones. Everyone did apart from the council. They just sent a summons and were very awkward to deal with.
Unsurprisingly when we moved out of their area they were far slower to refund the money that they owed me.
I therefore cancelled them, and waited for the holders to write to me to set up new ones. Everyone did apart from the council. They just sent a summons and were very awkward to deal with.
Unsurprisingly when we moved out of their area they were far slower to refund the money that they owed me.
I had one on a rental property, we told them we were moving out, got the final bill sent to us by the council, paid it and thought no more.
1 year later I got a debt recovery agency chasing me... apparently the council had made a calculation mistake on the final bill and we still owed £20 bumped up to £250 as they had been chasing me for it.
Contacted the council and said I would take this all the way to court with their letter stating final bill and their paid letter if they didn't back off due to their mistake, or they could take the £20 over the phone now and sort the DRA themselves.
They chose to take the £20 and sort it out.
I couldn't be bothered to argue over £20 but it must have cost more than that in time and effort due to their own mistake.
1 year later I got a debt recovery agency chasing me... apparently the council had made a calculation mistake on the final bill and we still owed £20 bumped up to £250 as they had been chasing me for it.
Contacted the council and said I would take this all the way to court with their letter stating final bill and their paid letter if they didn't back off due to their mistake, or they could take the £20 over the phone now and sort the DRA themselves.
They chose to take the £20 and sort it out.
I couldn't be bothered to argue over £20 but it must have cost more than that in time and effort due to their own mistake.
In the Midlands ,where the slogan is "United to Achieve" ( or should that be deceive) , pay before 1st of month and there's no problems. Other dates are available via DD, but if that is not suitable, then it's off to court with a £80 fee added . My discounted ( via CT benefit) is about £300 , so another £80 would add another 26% to mine. in actual fact it's worse than that ,as it's expected to be paid over 8-10 months. I appealed on their method of payment and got the period increased to once per month over the year. I paid via their on line payment site, to find payments took a few days to arrive in my council account, and a winging council tax office. in the end i had words with bank and now pay CT via my bank on 1st of month, via on line transfer, with confirmation from bank on date/time of transfer. To date no more complaints from council . I suspect they know I can get payment details and would make a formal complaint to my councillor, on their performance.
austinsmirk said:
Councils don't take you to court when you owe 2 mths.
I suspect he owed way more. Legged it from prop. Ignored all paperwork etc.
Wolverhampton council tried to take my mum to court for 1 month's worth when she left the area as, despite informing them that she was leaving and the date, they continued to bill up to the time that the people who bought her house decided to contact them.I suspect he owed way more. Legged it from prop. Ignored all paperwork etc.
- awaits posts suggesting my mum was caught out trying to scam a free month's council tax*
i once got a letter from a Council demanding money, I knew I didn't owe and could prove so.
The letter as with all letters from Council Finance departments is signed by the chief officer / director.
OK its a standard thing and I know full well that they would not instigate the letter, but I rand up and asked to speak to the person who had signed the letter, I was told I couldn't do that and was been silly, yes silly!
therefore got an email address and drafted a see you in court email.
Got a call from the director in the end giving an apology etc
The letter as with all letters from Council Finance departments is signed by the chief officer / director.
OK its a standard thing and I know full well that they would not instigate the letter, but I rand up and asked to speak to the person who had signed the letter, I was told I couldn't do that and was been silly, yes silly!
therefore got an email address and drafted a see you in court email.
Got a call from the director in the end giving an apology etc
LoonR1 said:
Having just sold my main home and moving in with my brother for a month whilst my new one completes, I have nothing but praise for my local council. I updated them via their easy to use web portal. They refunded me the payments accordingly and have just confirmed the details of the new ace with the correct bill.
No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
Good post. The councils attitude does vary by council. When i lived in Canary Wharf, Tower Hamlets were very unprofessional and incompetent. The manner in which their staff addressed me was staggering. Now in Surrey the council is great. Very onto it and polite.No issues for me, but then I do try to update then accurately rather than pulling a scam and getting caught.
Try getting a summons for unpaid council tax while your in discussions with the council about how much the bill even is.
One person living alone in a house isn't a single person according to one council because the person who moved out now lives alone (paying council tax) in another house they don't think is fit to live in. So they can charge you live there, yet claim you don't live there & not realise how stupid that is.
Further topped by the complaint about the 'tard at the council being dealt with by the same 'tard, not a separate person to review the case.
I hate the stupidity of council staff.
One person living alone in a house isn't a single person according to one council because the person who moved out now lives alone (paying council tax) in another house they don't think is fit to live in. So they can charge you live there, yet claim you don't live there & not realise how stupid that is.
Further topped by the complaint about the 'tard at the council being dealt with by the same 'tard, not a separate person to review the case.
I hate the stupidity of council staff.
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