Council Tax Summons after a previous arrangement - can they do this?

[chris223b]

I'm helping out a friend who got behind with their council tax payments.

 

There is no question of liability to pay, nor of ability to pay either. They simply had some personal problems and at present are not very good at managing their affairs without prompting.

 

When I got involved they'd already previously had a first reminder which was paid up to date, when they called me they'd had a second reminder claiming the full balance for the year.

 

On my advice they phoned the council whilst I was there who calculated what would have been due up to that point had the payments been made on time which was then duly paid. On the call it was explicitly stated that the account was paid up to date, a direct debit could be set up to start normal monthly payments and the threatened summons would now not be issued even though it wasn't the full amount for the year demanded in the letter.

 

They didn't set up the DD and have got behind again but the council has now gone straight to a summons with £95 costs with no other warnings first.

 

Simple question

- would the phone call (and the council's inaction for many months after the amount discussed on it was paid) constitute reinstating the right to pay by instalments in which case any further arrears should have been dealt with by warnings rather than going straight to a summons as they have, or is the summons in this case correctly issued?

[dx100uk]

sadly they can.

 

they'll get the liability order they just it get rubber stamped, he needs to be VERY careful now going forward !! he must pay what has been agreed and when.

 

or else bailiffs and that (regardless to what he does, will ultimately add another £310 to his bill, even though he does not have to engage nor let them in.. there is no right of forced entry on civil consumer debt.

 

dumping expensive mobile phone contracts, sky tv, luxuries that have dd's that he does not need to have.

 

 

[stu007]

Hi

 

I have to agree with dx100uk

 

As with most councils you get your yearly Council Tax Bill which is broken down into monthly payment and if you either decide to pay the full amount or the offer of monthly payment.

 

If you decide on the monthly payments it if your responsibility to keep up these payments and if you miss even one payment the Council then have the right to withdraw that monthly payment offer and demand the full Council Tax Amount. (note: this is all explained when the Council send out there yearly Council Tax Bill for your Property)

 

Even though during the call with the Council a direct debit was mentioned the individual should have got something from the Council that this was setup and if not they should have chased the Council on this.

 

Sadly they are going to have to pay the full amount the Council are demanding for Council Tax and the £95 Summons costs to prevent further cost being added by enforcement action if they decide to employ Bailiffs which all adds further costs.

 

I agree dumping expensive mobile phone contracts, sky tv, luxuries that have dd's that he does not need to have

 

This is an essential Bill that needs paying the same as rent for a roof over your head they need to cut back on all luxuries.