procedure for collecting council tax

[lochnettie80]

hi there

 

i cant find any where that states the procedure that a la should follow when applying for a liabilty order

 

is it first reminder

second reminder

final reminder

court date

14 day letter

then finally bailiff attenedance

 

thanks for any help given:-D

[outlawla]

I saw this detailed in some council propaganda article yesterday. I'll see if I can locate it.

 

This is it:

 

Hull and East Riding

 

A council spokesman said: "Most council tax bills are payable over ten monthly instalments, the first being due in April, and we require that each monthly instalment is received on or before the due dates shown on the council tax bill.

 

"If an instalment remains unpaid a reminder will be issued and the amount in question must be paid within seven days

 

"If the instalment remains unpaid after a further seven days, a magistrates' court summons may be issued and costs will be incurred.

 

"A maximum of two such reminders may be sent during the financial year. If an account falls into arrears on a third occasion, a final notice will be issued requiring payment of the full outstanding balance for the year."

 

If the final notice remains unpaid, a magistrates' court summons is issued and costs incurred. Council staff attend the court hearing and obtain a liability order for any remaining balance.

 

That means the authority can recover the debt from benefits, through the Department for Work and Pensions, and earnings, through employers.

 

The liability order also permits the debt to be recovered by bailiffs and for the council to obtain charging orders or to commence bankruptcy proceedings.

 

Should all attempts to recover the debt fail, then the council may further apply to the courts for a committal order, which ultimately could result in a custodial sentence.

Edited July 23, 2012 by outlawla

[lochnettie80]

so does this mean the is no requirement to give debtor 14 days notice to pay before the bailiffs are given the liabilty order to enforce

[outlawla]

The council tax (Administration and Enforcement) Regulations 1992

 

This is the amendment you probably want:

 

SI 1998/295

 

 

 

(2) After regulation 45 there is inserted—

 

"Information preliminary to distress

 

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

 

(2) The matters are—

 

(a) the fact that a liability order has been made against the debtor;

 

(b) the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

 

© a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

 

(d) notice that if distress is levied further costs will be incurred by the debtor;

 

(e) the fees prescribed in Schedule 5 to these Regulations;

 

(f) the address and telephone number at which the debtor can communicate with the authority.”

Edited July 23, 2012 by outlawla

[lochnettie80]

thanks for that

[outlawla]

thanks for that

 

You're welcome, but I believe this only applies to council tax, not business rates (NNDR). Tomtubby pointed this out on a thread last week.

[lochnettie80]

just know some one who had bailiff at the door this morning,for this years council tax she was in court on the 20th of june and she hasn't had a letter from council stating that liabilty had been granted ,i know its been more that 14 days since the liabilty was granted however im sure the council still have to write and let you know how much you now owe and what will happen if you dont pay

[lochnettie80]

is there anything she can do about the coincil not sending the 14 days notice letter or the usual ignore the bailiff pay what she can to council

thanks