summons for COUNCIL TAX - billed with CT benefit then told differently

[enichol]

Hi all

 

I hope you can help! Been trying to deal with this for a while but not got very far.

 

My other half and I have recently been summonsed to Leicester magistrates Court for non-payment. We have been emailing the council and they have been replying, but rather robotically. We were receiving full council tax benefit under self employment as my other half is self employed but is disabled due to his Army service and his work suffers. So much so that he rarely breaks even and mostly loses investment money. He continues because its better than giving in to his disabilty and doing nothing, and better than signing onto soul destroying job centre plus for unemployment - in any case his disability makes him unable to keep some appointments, for part of his disability problems he has been described as having a low immune system so he is constantly unwell. I was made redundant and since having 2 children found it hard to get another job and so stay at home with the kids and so Im not registered as anything!

 

He was asked to fill in self employment form by the council which he did and gave in to their offices. In return he was sent a Bill informing him that we had been awarded full CT benefit (it was the same the previous year and our circumstances had not changed for the better, in fact cashflow got worse). However, we recently recieved a Summons for non payment. On emailing the Council we have been told that a few weeks after our full CTB Bill they had sent another Bill which informed us that we had to pay around 65 – 70 percent of the Bill. I have not seen this Bill nor any other follow up demands they now say they sent. the last we knew of was the Bill detailing full CTB.

 

I had been hoping that they would see sense and reinstate the Bill we did get, but they simply say that we need to pay the ‘outstanding’ amount. they cannot even tell me why we seem to have been awarded a partial discount as only 65-70 percent is being demanded.

 

We go to court in a next week and my husbands health isnt great so I am concerned about him being able to go to defend us (as I say his erratic illness makes it hard to keep any appointments and sometimes he can fall asleep for many hours at a time and cannot be roused - several times in excess of 24 hours). I am suffering with my pregnancy and have already been to Hospital twice with hyperemesis (dehydration and vomiting) and i am spending most of my time at the moment gagging and trying to sip water. We do not have any disposable to pay anything to them, as we have already been awarded full ctb, in theory we should not owe anything anyway. Also, despite us telling the Council several times in the past that my surname is now my husbands name, they have used my maiden name on the summons. (someone has mentioned to me that the summons is not issued by the court, instead is printed off by the Council and is therefore invaild - is that right?) They have also used my maiden name on the most recent Bill and on the new Bill for next year. (which is a full bill and on the back says that reduction support should now be applied for but in the meantime we have to pay as billed, which could push us into very severe financial troubles.)

 

Ive read a bit on this site about Council tax and there seems to be some knowledgeable people on here - so I have my fingers crossed!

 

Thanks for reading

Edited March 13, 2013 by enichol

[i hate bailiffs]

unfortunately if there is any liability for council tax they go down the court route

that generates them hundreds of pounds each year.

 

regarding dealing with the council they are not capable of dealing with telephone calls as it may differ from there script

Put it in writing marking it FORMAL COMPLAINT may see a result.

 

There is probably not any way of getting out the summons if there is a amount owing although very wrong.

 

The court summons this will be a council employee in the basement,broom cupboard or some other room in the court building

they process many on the same day it is just a rubber stamping exercise

 

look at the return address on the envelope which the summons came in is it the council address ?

I have had court summons before in a council envelope on council headed paper

 

The council do print the summonses too legal robbery

 

If the council get the liability order it will give them different options to collect the debt.

 

As you are pregnant bailiffs cant be used

[ploddertom]

As you haven't been to Court yet I will move you to the Council Tax Forum.

[thorntondog]

My experience of dealing with council tax on the phone has been useless. someone agrees something then when you phone again they have no record of it- very convienient.

 

I always communicate with them through email now and they always reply within a week so everything is in writing.

[enichol]

I gave up on phone calls as they never seemed to make any sort of not of them. every time i called they would deny everything