My council tax summons..

[Consumer dude]

Have received Summons for non payment of council tax with costs added to the amount they are saying is due. How is it possible to add costs and confirm that they are due when surly only a court can do that, or have I overlooked something..

[Consumer dude]

I wish to question the summons as it appears not to have come from the court but from the council itself..

[Consumer dude]

Any useful information from any experts will be very welcome as I intend to have my day in court..

[Consumer dude]

At the top of the summons, it says Her majesty's courts & Tribunals service which gives the impression its from the court. On the other hand, it has the usual phone numbers of the council. Its very confusing..

[BRIGADIER2JCS]

The cost are a standard amount supposedly to cover the costs if issuing the liability order, these orders are applied for in bulk and it a "rubber stamp" exercise on documents produced by the revenues department of the local authority.

[Consumer dude]

The cost are a standard amount supposedly to cover the costs if issuing the liability order, these orders are applied for in bulk and it a "rubber stamp" exercise on documents produced by the revenues department of the local authority.

 

Another money making [problem]..

Edited May 2, 2014 by honeybee13

[Consumer dude]

Surely only a court can issue costs..

[outlawla]

This is the "Appellant's Grounds of Appeal" in the First Tier Tribunal (information Rights).

 

Something from paragraph 11 may be relevant.

[Consumer dude]

No magistrates court in my local area, so had a summons to attend one five miles away. That can't be right, what can I do about that and I have social anxiety. The other thing is, why summons me to attend if it has already be decided I'm liable.

[ims21]

Not sure what you want to achieve here.

 

You have received a summons for non-payment of council tax and you wish to "have your day in court".

 

Have your day in court about what?

 

Do you not owe the council tax i.e. has it been paid?

 

Have you been billed incorrectly?

 

What are the arguments you wish to put to the Magistrates?

 

I don't think 5 miles is far away for a Magistrates Court - I don't understand what you think is not right about that?

[BRIGADIER2JCS]

Nothing is wrong with the location of the court, and you cannot make any complaint about it, as has been said the liability order is a formality.

[Consumer dude]

I dispute part of the bill so I will try and sort it out before the day. I am under stress about other things so this issue is just adding to it..

[ims21]

So what is the nature of the dispute?

 

Have you not taken it up with the council?

 

It would be good if you would give the full story when you start a thread and not small bits of it.

[Consumer dude]

The costs are so immoral..

[Consumer dude]

I'm not thinking straight at the moment. I will contact the council next week..

[ploddertom]

I dispute part of the bill so I will try and sort it out before the day. I am under stress about other things so this issue is just adding to it..

 

The Magistrates are bonly allowed to decide wheteher you are liable for the Council Tax - a simple yes or no answer. If you wish to dispute the bill this must be taken up with the Council and is no defence as to not pay.

[honeybee13]

Hello there.

 

I know you've had other threads to do with council tax and court summons in the past. Does this thread refer to anything in this thread please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415319-Council-tax-and-stature-barred

 

HB

[ims21]

So what is the nature of the dispute?

 

I am assuming it is not simple about the cost they have added for the summons?

 

If it is then I think you are on hiding to nothing.

[Consumer dude]

So what is the nature of the dispute?

 

I am assuming it is not simple about the cost they have added for the summons?

 

If it is then I think you are on hiding to nothing.

 

Hiding ? sounds like they are going to beat me up. lol..

[Consumer dude]

There are at least three main components to my dispute, A/ The amount and to which I will talk to them about. B/ Costs which have been added and yet no magistrate has heard my case. C/ I thought that only a court could issue a summons and to which would need to bear the court seal..

[Consumer dude]

This is the "Appellant's Grounds of Appeal" in the First Tier Tribunal (information Rights).

 

 

 

Something from paragraph 11 may be relevant.

 

Not sure what I'm looking for here. My first port of call on Tuesday will be to question costs which have been added and yet I haven't even seen a magistrate..

[outlawla]

Paragraph 12 defines the law which is relevant to your dilemma. Paragraph 16 is the view of the Appellant with regards front loading costs to a householder's account before the Magistrates have heard the case.

 

Some more thoughts on the situation:

 

The court at this stage (the stage you are at) has no influence on how much the council may claim in costs and is of no consequence whether deemed reasonable by the court. The amount paid or tendered to the authority is neither prescribed nor can a standard sum (with any legal standing) be agreed with the Court. It is therefore open to the Council to accept payment at this stage, having flexibility on the amount of costs tendered (as may vary from one taxpayer to another). If failure to agree costs or reach a compromise, then it would only be reasonable that the authority itemise and support its claim.

 

Only cases reaching a hearing would require the Bench being satisfied that costs were reasonably incurred. Once again, the authority should itemise and support its claim (this time for the Bench) on each application, in order that the appropriate award is made. The Court would then be making an assessment of the costs, including those of instituting the summons, which before the hearing (and may have been settled with the council) was not a matter for the court.

[Consumer dude]

That was very helpful. Where in the past I have been aware the a summons has been sent from the clerk to the court, this time it states from legal Advisor, but from whom? the council or the court ? As stated on an earlier post, at the top of the letter it states Her Majestry's courts and Tribunals. I am led to believe that only a court can issue a council court summons and to which must contain the court seal..

[Consumer dude]

I will be sending the council an email disputing a period of charge from 01/04/2012 to 31/03/2013 where I do not believe I was liable..

[outlawla]

DCLG Guidance on Enforcement

 

3.4 Local Authorities are reminded that they are only permitted to charge reasonable costs for the court summons and liability order. In the interests of transparency, Local Authorities should be able to provide a breakdown, on request, showing how these costs are calculated. While it is likely that authorities will have discussed costs with the Clerk to Justices it should be recognised that the Court may wish to be satisfied that the amount claimed by way of costs in any individual case is no more than that reasonably incurred by the authority.