My council tax summons..

[Consumer dude]

On the point of the summons itself, is it relevant to confirm who has sent the summons as it appears to give the impression that it is from the court, but on the other hand has all the contact details of the local authority including web address, phone number and how to pay. I'm sure the question has been asked before but who has actually authority to issue this type of summons.

[BRIGADIER2JCS]

On the point of the summons itself, is it relevant to confirm who has sent the summons as it appears to give the impression that it is from the court, but on the other hand has all the contact details of the local authority including web address, phone number and how to pay. I'm sure the question has been asked before but who has actually authority to issue this type of summons.

 

 

The " Revenues departments issue the "summons" which are then authorised by the court and the liability order is made, very much an "automated" system.

[SabreSheep]

You highlight a period you say u were not liable what is the basis of this claim

[Consumer dude]

The " Revenues departments issue the "summons" which are then authorised by the court and the liability order is made, very much an "automated" system.

 

Is this authorised before the court date or on the date itself..

[outlawla]

This seems to be an accurate transcript of "the scanned original...."

 

 

JUSTICES' CLERKS' SOCIETY

 

Procedure in Liability Order Applications

 

1. Background

 

Council has been contacted by Peter Downton of HMCS Enforcement Team concerning the way HMCS records the making of liability orders in Council Tax cases due to challenges to the process in various quarters, including MPs.

 

The concerns raised are:

a) that the procedure is not transparent;

 

b) HMCS can not demonstrate that it is accurately recording the orders made

 

c) whether the orders are in correct form since they are not wet-ink signed.

Council has considered the issues, and in light of the procedures operating in their courts is of the view that the following process is lawful and transparent.

 

The key objective of any procedure is that an accurate record is made of every decision of the court and retained. It is not possible for each individual complaint to be case entered, recorded, and resulted, (save by a massive expansion in the number of legal advisers and court assistants). However the objective is achieved within existing resources by recording results against the council's printout and retaining that as an annexe to the register.

 

2. Procedure: Issuing summons

 

1. The council delivers one or two complaint lists to the court with their fee (or an undertaking to pay it later)

 

2. The list is reviewed by a legal adviser with delegated powers who issues the summonses

 

3. Either one copy of the list is returned endorsed to the council and the court retains the other endorsed list, or the court retains a single endorsed list and the council is informed of the outcome (in reality it is extremely unlikely that any summons will not be issued so this does not need to be a detailed notification). The council then print the summonses, pre-printed with the Justices' Clerk's signature, and post them out.

 

3. Procedure: Liability Order Application

 

1. The legal adviser is given an up to date printout of the Council's applications by a Council representative. This will set out the name and details of each defendant and against that the order the Council wishes the court to make.

 

2. The court hears a bulk application for all non-attenders: the Council representative proves the technical requirements and gives evidence that the sums levied have not been paid.

 

3. Any defendant attending or writing to the court is dealt with individually and orders made (or not made) in their case. Their attendance or otherwise is also recorded.

 

4. The legal adviser records the overall number of liability orders made, withdrawn, dismissed and adjourned. This may be recorded on a file cover or on the copy printout, or both.

 

5. In addition for each case where the court does not make the order set out in the Council's printout, the legal adviser notes the actual order made against the defendant's name in the printout.

 

6. This means that there is a definitive record on the Council's printout of all orders made.

 

7. The numbers of orders granted, withdrawn etc. recorded by the legal adviser, are input after court and appear in the Libra register.

 

8. Any adjourned cases are individually case-entered and resulted (to generate a door list and appearance in the Libra diary).

 

9. The council's printout, marked up by the legal adviser, is kept permanently, as an annex to the register.

 

4. Orders

 

The Council's software generates the liability orders. These may be rubber-stamped or pre-printed with the Justices' Clerks signature. There is no requirement for a wet-ink signature. This is for two reasons, set out in the Magistrates' Courts Rules 1981. Firstly, the Rules only require signatures (of any sort) on forms prescribed by the Rules (Rule 109(1)) and a liability order is not prescribed. Even if it were, rule 109(3) states "where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature on the form will suffice.

 

5. Procedures prior to the hearing

 

The Court and its staff should not give the impression that the Council is in charge of the process.

[Consumer dude]

I intend to turn up to the court to question the costs which have been front loaded and are outrageous. What can I expect from this appearance..

[ploddertom]

The Council will try to side step you. Even if you do get to see the Mag there is a chance they will refuse to listen as the Hearing is only to decide whether you owe your Council tax or not.

[Consumer dude]

The Council will try to side step you. Even if you do get to see the Mag there is a chance they will refuse to listen as the Hearing is only to decide whether you owe your Council tax or not.[/QUOT

 

 

I have been summons to appear to explain why I may not have paid, I should be allowed a voice. In any case I wish to question how any costs have been worked out. My email to the council on that issue have not come up with any information ..

[BRIGADIER2JCS]

The Council will try to side step you. Even if you do get to see the Mag there is a chance they will refuse to listen as the Hearing is only to decide whether you owe your Council tax or not.[/QUOT

 

 

I have been summons to appear to explain why I may not have paid, I should be allowed a voice. In any case I wish to question how any costs have been worked out. My email to the council on that issue have not come up with any information ..

 

 

Has a liability order already been made??

[Consumer dude]

 

 

Has a liability order already been made??

 

Not for this current summons, no, but given past history, it seens automatic anyway but legal or not, I will have my say..

[Consumer dude]

Case adjourned..

[Consumer dude]

I questioned that the costs were front loaded and I was quite prepared to go into the court to question the costs which I also thought were high given the fact that summons are issued en mass. It wasn't long before a more senior rep offered me an adjournment. Result for now..

[Consumer dude]

Considering it only costs about three pounds to issue a summons, is it therefore possible to reason that charging about one hundred pounds is way over the top and if so how could one go about it if one were in court..

[Consumer dude]

My case was adjourned as already stated. Do the council need to send an up to date confirmation of any new date with the time ?

[Consumer dude]

Do the local authority have to confirm to me in writing if they intent to return to court following an adjournment..

[Consumer dude]

I phoned the local authority to check if the adjourned case was going ahead tomorrow as I had not received confirmation of any time for the day. As I had not be told of the time, is this a reason to not have a liability order issued..

[BRIGADIER2JCS]

I phoned the local authority to check if the adjourned case was going ahead tomorrow as I had not received confirmation of any time for the day. As I had not be told of the time, is this a reason to not have a liability order issued..

PROBABLY not, the summons usually state 10.00am.

[outlawla]

This is in the CIPFA Guide to the Council Tax which suggests that the council would be breaching the Human Rights Act if it were to fail to notify you of a hearing.

 

Human Rights Act 1998

 

So far, the main area of local taxation in which the applicability of human rights legislation has been tested is in the procedures leading up to committal for non-payment of community charge. The cases are equally applicable to council tax, and these are dealt with in detail in the section on committal.

 

However, principles of Human Rights can be raised wherever there is a 'public body' and a 'victim', and anyone being summonsed for non-payments of council tax can raise human rights in the magistrates' court.

 

Local authorities must be careful not to infringe an individual's human rights. Potential areas for problems are:

•

notice of hearing

;

 

• being careful not to appear to stop the taxpayer appearing before the court, if they want only to make a payment arrangement;

 

• not having available a translator for people whose first language is not English; and

 

• not separating the roles of court taking officer and the person who gives evidence of process.

It appears that the court has the power to look behind secondary legislation. As all local taxation recovery procedures are set out in secondary legislation, perhaps the court is no longer compelled to grant a liability order if the evidential requirements are satisfied, but the person does not appear.

 

None of these have yet been tested in local taxation liability order hearings, but we all wait with a mixture of interest and some trepidation for the first to come through.

[Consumer dude]

PROBABLY not, the summons usually state 10.00am.

 

Depends what you might mean by usually. Mine was the afternoon..

[Consumer dude]

Update, no official time on paper of when I should arrive at the court. I had to phone up to get this and made my point of this issue. I went to the court, went through the process and I had written down my points so I could read out the facts but to no avail. The costs were said to be reasonable and when I mentioned the time issue, I was told that 'well I am here now' The whole episode was a farce in my opinion and felt like a set up and considering the original summons never even came from the court, a liability order was granted so more debt. Hey ho..

[Consumer dude]

The next step is likely to be, a notice that a liability order has been granted and as we all know is not the order itself, I could then make a phone call to the court to request a copy and no doubt will be told they don't have a copy and to contact the council who no doubt will also say they don't have the order either. Is it possible that an order is granted and yet can not be viewed and this is perhaps because there was no official court order as there was no official court and was infact a corporate set up between two private money making affairs..

[Consumer dude]

I have today received a council tax liability order notification stating that the court has made a liability order against me. Who do I request a copy of the order from ? The other question is at the foot of the letter it states that I am required to complete the enclosed information request and to return it. It also states that it is a criminal offence not to give the information request for which you can be fined up to £1000. Is this true ?

[BRIGADIER2JCS]

I have today received a council tax liability order notification stating that the court has made a liability order against me. Who do I request a copy of the order from ? The other question is at the foot of the letter it states that I am required to complete the enclosed information request and to return it. It also states that it is a criminal offence not to give the information request for which you can be fined up to £1000. Is this true ?

Section 36 (Council Tax administration and Enforcement) I think I & E data.

[Consumer dude]

I want a copy of the order, who should supply that ?

[Consumer dude]

If the court had issued the order, then how come I haven't heard from them on official court paperwork ?