Council tax and court summons...

[Mango99]

Mmmm, long story-ish, but here's the outline (and I would appreciate any advice)..

A while ago (6 months) I rang up Bristol city council to arrange to pay my council tax by direct debit as kept forgetting to pay the bills when they came through the door. I was told "no problem". A week later I recieved a reminder letter asking me to pay, but saying "if you have arranged payment in the last 7 days please ignore this letter". So, I did.

Anyway, about a month later I recieved a court summons asking me to pay the outstanding amount and £100 costs. I rang up and argued that I shouldn't have to pay the amount, but the council not only refused to play back the tape of me calling (I'm sure they must record all calls, and I was even able to give date and time), but they also refused to refund £100 of costs saying "see you in court".

I (thinking I am calling their bluff) said "okay, see you in court". However, a day before I'm due in court, I thought "feck it.. I can't be arsed, in case it does actually go against me". So I paid them £100 and the outstanding amount.

Ever since I have waited until I receive a "Final Reminder" bill to pay the bill, as this gave me some sort of satisfaction, thinking that I am wasting their time and money when it's their fault in the first place.

I think this began to piss them off a bit too much though, so I recently recieved another court summons asking for full payment of everything up until April 2008. I planned to leave it until 1 day before I was due in court then settle up in full. However, with the Christmas festivities, this completely slipped my mind...

This meant I was supposed to be in court today, but didnt' show up... Does this mean I have a CCJ? Or can I pay the outstanding amount in full and get away without one? My own fault I guess, but incredibly annoying if I end up with a CCJ just trying to prove a point. Would suck to get a bad credit rating, when it's so important to keep a clean record these days.

If anyone has any experience of these type of court summons, I'd be grateful to hear what they say.

[turny]

enjoy yer sleep mate as the old bill will bash your door in at 6am cart u off 2 court........... 6 months minimum i reckon!   

[redsimon]

From not paying during the Poll Tax days, I believe case goes to magistrates (summons you got will say which court it goes to). If it did you don,t have a CCJ. Your credit rating will be affected already by missing instalments in the past. Most Councils log each missed month with the main credit agencies unfortunately.

If you had offered to pay up by direct debit and it was recorded you should have turned up at court . A high % of magistrates would have deferred judgement and possibly rejected Council's claim. Sadly, most of the council applications go through unchallenged unlike the Poll Tax days when we could grind it out for years.

[Mango99]

From not paying during the Poll Tax days, I believe case goes to magistrates (summons you got will say which court it goes to). If it did you don,t have a CCJ. Your credit rating will be affected already by missing instalments in the past. Most Councils log each missed month with the main credit agencies unfortunately.

If you had offered to pay up by direct debit and it was recorded you should have turned up at court . A high % of magistrates would have deferred judgement and possibly rejected Council's claim. Sadly, most of the council applications go through unchallenged unlike the Poll Tax days when we could grind it out for years.

Thanks That's not as bad as I thought then (will check the letter for which court when I get to work). Though the missed installments affecting my credit rating isn't great news I guess...

[kinboshi]

[lazaroonie]

councils dont go thru standard small debt recovery process for council tax (unless it is a very old debt), they go to magistrates court for "summary warrant" - it doesnt affect your credit rating, but you will receive notifcation that they have received summary warrant and the debt is now enforceable by bailiffs.

Most likely what happens is that you still have a chance to come to arrangement to pay, and as long as it is to stump up what you owe before the end of the current financial year, they will agree to it - although they dont need to agree to anything.

note that council tax is still considered a crown debt, and punishment for willfull non payment can still include being sent to jail.

[Mango99]

Hooray, all sorted now Rang up and paid until the end of March.

The court was a magistrates court, so it hasn't adversely effected my credit rating according to the council. Though, of course, the delays in me paying them on time might have.

Thanks for the info everyone. Lesson learned and all that. Don't f*ck with the council. Pay your bills and shut up!

[Grier78]

Is it just me or do the council forget that they work for us the public?

[ifm]

I keep forgetting to pay mine, here's what happens:

Various reminders (ignored)
Letter threatening bailiffs (call bailiffs, arrange payments)
Meanwhile billed for ongoing payments (ignored)
Letter threatening bailiffs (call bailiffs, arrange payments)
Rinse , repeat.
Never on time but never in court, never charged for late payments.
Labour council though..........

[suzanne]

Not exactly on the same lines but I have been battling with the council/housing benefit people for months and had court threatning letters and ended up having to find the money to pay in the end.

I am a single parent with 3 kids, my oldest left school and enrolled in a college course which he didnt attend enough to earn the £30 a week so I was supporting him for that year. He got fed up with the course/lack off money and found a job woohoo. It worked out after discounts etc he was paying between 25/30% of the total tax/rent of my council house which didnt leave him with much spending money so again I was paying for his food/living expenses.
After 18 months of a job he hated he left and of course was not entitled to benefits, I informed the housing/council tax office of the situation and they sent out a renewed assessment saying he only needed to pay £10ish a week rent and £3ish council tax.
I phoned them back saying he had no income whatsoever and that I was supporting him by feeding/sheltering him till he found another job. "How much money are you giving him" I was asked. "Im not giving him money, I am feeding him and he lives under my roof..he is my son" I said. I was then told that by sheltering him I was giving him at least £20 a week so he had been assessed on an income of £20.

So basically they assessed him as having an income of £20 and £13 went on rent and council tax!!!!

I spent so many hours on the phone but I gave up in the end.

[Mango99]

Is it just me or do the council forget that they work for us the public?

They work for themselves. It's all about power. They will NEVER EVER admit they are wrong on ANYTHING. Best not to argue imo. Pay the idiots their money - right or wrong (as long as it isn't insane amounts) and feel righteous in your decision.

[suzanne]

Thats okay if you can afford it Matt, there are loads out there that cant.

[Mango99]

Thats okay if you can afford it Matt, there are loads out there that cant.

Aye, I see what you are saying. I was replying to the previous post about the council tax - not your post which is about something else.

[redsimon]

Not exactly on the same lines but I have been battling with the council/housing benefit people for months and had court threatning letters and ended up having to find the money to pay in the end.

I am a single parent with 3 kids, my oldest left school and enrolled in a college course which he didnt attend enough to earn the £30 a week so I was supporting him for that year. He got fed up with the course/lack off money and found a job woohoo. It worked out after discounts etc he was paying between 25/30% of the total tax/rent of my council house which didnt leave him with much spending money so again I was paying for his food/living expenses.
After 18 months of a job he hated he left and of course was not entitled to benefits, I informed the housing/council tax office of the situation and they sent out a renewed assessment saying he only needed to pay £10ish a week rent and £3ish council tax.
I phoned them back saying he had no income whatsoever and that I was supporting him by feeding/sheltering him till he found another job. "How much money are you giving him" I was asked. "Im not giving him money, I am feeding him and he lives under my roof..he is my son" I said. I was then told that by sheltering him I was giving him at least £20 a week so he had been assessed on an income of £20.

So basically they assessed him as having an income of £20 and £18 went on rent and council tax!!!!

I spent so many hours on the phone but I gave up in the end.

I don't know all your circumstances from this (age of child or if you work) but this sounds wrong to me. Did you go to CAB in your area or appeal? It sounds like the CT Benefit person is being a bit creative here to say the least. There are rules on how to treat what they call non-dependents, which includes adult children in education or work/unemployed. Certain amounts are deducted from benefit but I don't believe they can assign arbitrary amounts to this!

Edit: THis link might be of use

http://www.dwp.gov.uk/lifeevent/benefits/council_tax_benefit.asp#howmuch

I read this that a non dependent with no income is a £2.30 deduction. Might be worth double checking Benefit officers do make mistakes.

[wader leg]

Not exactly on the same lines but I have been battling with the council/housing benefit people for months and had court threatning letters and ended up having to find the money to pay in the end.

I am a single parent with 3 kids, my oldest left school and enrolled in a college course which he didnt attend enough to earn the £30 a week so I was supporting him for that year. He got fed up with the course/lack off money and found a job woohoo. It worked out after discounts etc he was paying between 25/30% of the total tax/rent of my council house which didnt leave him with much spending money so again I was paying for his food/living expenses.
After 18 months of a job he hated he left and of course was not entitled to benefits, I informed the housing/council tax office of the situation and they sent out a renewed assessment saying he only needed to pay £10ish a
week rent and £3ish council tax.
I phoned them back saying he had no income whatsoever and that I was supporting him by feeding/sheltering him till he found another job. "How much money are you giving him" I was asked. "Im not giving him money, I am feeding him and he lives under my roof..he is my son" I said. I was then told that by sheltering him I was giving him at least £20 a week so he had been assessed on an income of £20.

So basically they assessed him as having an income of £20 and £18 went on rent and council tax!!!!

I spent so many hours on the phone but I gave up in the end.

You can't just jack your job in because you don't like it and expect other people to foot the bill! what's the world coming to to.
Tell him to get up off his lazy arse and get a job by this time next month or else he's out on his ear, you'll not do him any favours by mollycoddling him.

Just my opinion