Council Tax court summons
Discussion
Hi
We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
Edited by Rs2oo on Friday 20th January 16:41
Edited by Rs2oo on Friday 20th January 16:44
Watching with interest as my parents have the same thing with their car (that I bought!) clamped on the drive. They are currently in process of having the thing set aside at the court so the next stage on without getting the paperwork (mix of my dads cognitive breakdown and postal non-receipts).
As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
I would be very surprised if the council have not issued the bills correctly, apart from anything else it’s all done by software. Of course just because they have issued the bills doesn’t mean you have received them especially in times of a postal strike.
My reading of the legislation https://www.legislation.gov.uk/uksi/1992/613/part/... suggests that they issue 2 reminders and then they issue the summons. The additional costs on a summons are not a fine. They are legally obliged to represent the costs to the council of issuing the summons and attending court. There have been a number of cases on this.
When a summons has been issued the council usually require the costs to be paid as part of any settlement or even if they set up the instalments again.
My reading of the legislation https://www.legislation.gov.uk/uksi/1992/613/part/... suggests that they issue 2 reminders and then they issue the summons. The additional costs on a summons are not a fine. They are legally obliged to represent the costs to the council of issuing the summons and attending court. There have been a number of cases on this.
When a summons has been issued the council usually require the costs to be paid as part of any settlement or even if they set up the instalments again.
kiethton said:
Watching with interest as my parents have the same thing with their car (that I bought!) clamped on the drive. They are currently in process of having the thing set aside at the court so the next stage on without getting the paperwork (mix of my dads cognitive breakdown and postal non-receipts).
As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
If the car has been clamped that suggests the bill has been ignored, along with the reminders, summons, and 7 day letter from the enforcement company.As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
However these days enforcement is all about ensuring other welfare of the debtor. I would be reading the website of the enforcement company concerned to see if they followed the correct procedures as it sounds as if they might have missed something
Go to Court with the receipt showing that you have already paid, all the documentation and details of what the Council SHOULD have done. It's also worth pointing out that it's the Council's responsibility to deliver any notices to you, this means that they have to prove you received any such notice. Standard postage during a postal strike could be seen as negligent on their part, there was no guarantee that the letter would ever be receive by you and they can't prove you received it anyway.
When the Court decides there is no case to answer put in a claim for all costs including a day off work
When the Court decides there is no case to answer put in a claim for all costs including a day off work
e21Keith said:
Go to Court with the receipt showing that you have already paid, all the documentation and details of what the Council SHOULD have done. It's also worth pointing out that it's the Council's responsibility to deliver any notices to you, this means that they have to prove you received any such notice. Standard postage during a postal strike could be seen as negligent on their part, there was no guarantee that the letter would ever be receive by you and they can't prove you received it anyway.
When the Court decides there is no case to answer put in a claim for all costs including a day off work
Councils do not have to prove that you have received a reminder. They only have to prove that they sent it.When the Court decides there is no case to answer put in a claim for all costs including a day off work
e21Keith said:
Go to Court with the receipt showing that you have already paid, all the documentation and details of what the Council SHOULD have done. It's also worth pointing out that it's the Council's responsibility to deliver any notices to you, this means that they have to prove you received any such notice. Standard postage during a postal strike could be seen as negligent on their part, there was no guarantee that the letter would ever be receive by you and they can't prove you received it anyway.
When the Court decides there is no case to answer put in a claim for all costs including a day off work
There isn’t going to be a Court case.When the Court decides there is no case to answer put in a claim for all costs including a day off work
guitarcarfanatic said:
I had this, more because I was lazy/busy. I just phoned up the council, paid, and they cancelled the summons. Give them a bell, it will be fine.
The summons will have been cancelled as he has paid! Its a lot easier to get the costs removed before the demand is paid!Mind you I am dealing with a case for business rates, where I told the council where to send the clients bill, chased it 5 times over a year, and then the bailiff arrived in the office. Yes bills had been sent to an empty building. Bailiff was great, Council called off bailiff but havent removed costs! So having to sort it out!
Chrisgr31 said:
kiethton said:
Watching with interest as my parents have the same thing with their car (that I bought!) clamped on the drive. They are currently in process of having the thing set aside at the court so the next stage on without getting the paperwork (mix of my dads cognitive breakdown and postal non-receipts).
As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
If the car has been clamped that suggests the bill has been ignored, along with the reminders, summons, and 7 day letter from the enforcement company.As its my car I'm intending to go and swap the wheel to the spare and take the car back to a place of safety while the court judgement is set aside (a postal process says my mum). Issue is they don't have the £1,600 they want but do have the £160 they say they owe (and have had it all along).
However these days enforcement is all about ensuring other welfare of the debtor. I would be reading the website of the enforcement company concerned to see if they followed the correct procedures as it sounds as if they might have missed something
Have the policies detail by Citizens Advice been followed? https://www.citizensadvice.org.uk/debt-and-money/a...
Reality is neither the Bailiff nor Council want to take the car as it it means the costs rise significantly. Do you have the bailiffs details? I'd be calling them, saying your Dad is vulnerable etc and looking to come up with a payment plan. You are already on the back foot though as they have already visited.
If you havent spoken to the bailiff before call them, explain the situation, tell them dad is not of sound mind, seek to arrange ayment plan. As long as its reasonable they'll accept it.
Reality is neither the Bailiff nor Council want to take the car as it it means the costs rise significantly. Do you have the bailiffs details? I'd be calling them, saying your Dad is vulnerable etc and looking to come up with a payment plan. You are already on the back foot though as they have already visited.
If you havent spoken to the bailiff before call them, explain the situation, tell them dad is not of sound mind, seek to arrange ayment plan. As long as its reasonable they'll accept it.
Had similar when I changed bank accounts a few years ago. Did not have numbers to hand, so cancelled direct debit, then used the resultant letters to ring and setup to the new account.
Only the council did not send a letter. They waited 4 weeks then issued a summons. It got sorted, but cost more.
What really round me up was we moved out of their area not long after and getting the money they owed me was like getting blood out of a stone.
Only the council did not send a letter. They waited 4 weeks then issued a summons. It got sorted, but cost more.
What really round me up was we moved out of their area not long after and getting the money they owed me was like getting blood out of a stone.
Rs2oo said:
Hi
We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
Seriously?We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
Edited by Rs2oo on Friday 20th January 16:41
Edited by Rs2oo on Friday 20th January 16:44
You failed to pay your Council Tax but now want to fight £46 on principal (sic). Just pay it and move on.
Edited by Rufus Stone on Saturday 21st January 07:53
Rufus Stone said:
Seriously?
You failed to pay your Council Tax but now want to fight £46 on principal (sic). Just pay it and move on.
Seriously? Read the post Rufus. I know it's long and I guess you struggle a bit with reading but do try harder, it will get easier. You failed to pay your Council Tax but now want to fight £46 on principal (sic). Just pay it and move on.
Edited by Rufus Stone on Saturday 21st January 07:53
If you don't have anything constructive to say, move on like a good little boy
Just to clarify for people like Rufus, my wife and I are only human. Dealing with our house move, helping with my daughter's move back to the UK and dealing with complicated probate issues after the death of my wife's mother PLUS the fact we did not receive a second reminder from the council equates to us being a tad annoyed the way we are being treated by the council. One letter then a court summons that WE have to pay for ?
As soon as we contacted the council when we got the summons we paid in full because that's the type of people we are are never ever ever ever we reneged on anything or failed to pay a bill.
Thanks for the comments (Rufus excluded) yet another post with unnecessary unhelpful comment from some sad lonely person with nothing better to do. Facebook next Rufus ?????
As soon as we contacted the council when we got the summons we paid in full because that's the type of people we are are never ever ever ever we reneged on anything or failed to pay a bill.
Thanks for the comments (Rufus excluded) yet another post with unnecessary unhelpful comment from some sad lonely person with nothing better to do. Facebook next Rufus ?????
Edited by Rs2oo on Saturday 21st January 10:45
Rs2oo said:
Hi
We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
Write a polite and well-reasoned complaint to the council and I won't be surprised if the court fee is refunded.We moved into our house in October 2022. A week later we had a council tax reminder. We had loads to sort out including probate on my mother's house and everything associated with bills and moving so we forgot about the council tax. In December we remembered but thought they just a bit slow sending us a bill or any information. We received nothing until last week when we were summoned to court with an additional £46 fee for them arranging the court date.
We never received a second reminder. This was apparently posted during the postal strike. For 36 years we have never even been late making a payment to any bill we have received. So we paid the £1640 and £46 fine to the council to avoid any court case and clear the debt. The court summons and the previous letters were sent by standard post but as mentioned we did not get the second reminder.
I have looked at the .gov website and it states quite clearly 2 x reminder letters will be sent then a final bill. We did not get a final bill we only got one reminder even though they say they sent out a second which I don't dispute.... third letter we get is the summons so we have not received a final bill.
So I interpret the government website as we should have received two reminders and then a final Bill not two reminders and a court summons.
Obviously I don't have a problem paying my council bill but I am really annoyed at the way they have dealt with it and treated us. To me point of principal paying the £46 fine as I believe they have not acted correctly. . The council have ignored three polite emails saying that they will get round to them eventually and two phone calls have not helped this matter at all all because they defend everything they do do or allegedly do.
Any advice or observations would be greatly appreciated.
Edited by Rs2oo on Friday 20th January 16:41
Edited by Rs2oo on Friday 20th January 16:44
But whether it is worth it, when you take into consideration your time, is another matter.
Thanks
Folkestone and Hythe. Welcome to the area😅😂
They are not interested in assisting with anything. We apparently failed to respond to one letter yet they have ignored 3 emails and on the phone said "it's on the list to deal with but we don't know when we will get to it"
One rule for on and all that🙄
Folkestone and Hythe. Welcome to the area😅😂
They are not interested in assisting with anything. We apparently failed to respond to one letter yet they have ignored 3 emails and on the phone said "it's on the list to deal with but we don't know when we will get to it"
One rule for on and all that🙄
Rs2oo said:
Seriously? Read the post Rufus. I know it's long and I guess you struggle a bit with reading but do try harder, it will get easier.
If you don't have anything constructive to say, move on like a good little boy
You asked for opinions. Don't be a spoiled brat because you don't like what you hear.If you don't have anything constructive to say, move on like a good little boy
You knew you had to pay the bill, you're just whining because they didn't ask you enough times to pay it. Take some responsibility for your actions and stop playing the victim.
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