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Council tax - unlawful charges?


Gruffle Gaw
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About a year ago I went into arrears with my council tax and the council added a £40 recovery charge on to the debt.

 

Since I have begun to benefit from the advice on this forum, I have been wondering whether this charge is unlawful and something I can claim back.

 

As far as I am aware, I have no contract with the council that would specify they can collect anything at all from me if the account falls into arrears.

 

Does anyone know if councils have any legal basis for applying collection charges to council tax accounts?

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

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About a year ago I went into arrears with my council tax and the council added a £40 recovery charge on to the debt.

 

Since I have begun to benefit from the advice on this forum, I have been wondering whether this charge is unlawful and something I can claim back.

 

As far as I am aware, I have no contract with the council that would specify they can collect anything at all from me if the account falls into arrears.

 

Does anyone know if councils have any legal basis for applying collection charges to council tax accounts?

 

I don't know about the lawfulness of the charge, but as Council Tax is done on the basis of statute, there is no 'contract' involved. Any charge would have to be defined (and allowed) in the relevant legislation that pertains to council tax.

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  • 4 years later...

As yet I have not seen or read any written terms and conditions that would suggest that I am obligated in any way to pay council tax. Terms and conditions lay out the basis for a valid contract which then both parties agree to and sign in wet signatures, T & C's must be written in such a way that they are understandable. Councils don't have any T & C's in realtion to CT, you have never signed a valid contract, so how can you carry out any formal obligation to you might have?

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As yet I have not seen or read any written terms and conditions that would suggest that I am obligated in any way to pay council tax. Terms and conditions lay out the basis for a valid contract which then both parties agree to and sign in wet signatures, T & C's must be written in such a way that they are understandable. Councils don't have any T & C's in realtion to CT, you have never signed a valid contract, so how can you carry out any formal obligation to you might have?

 

Although you have resurrected a thread that is almost 5 years old, my previous reply stands.

 

There is no 'contract' and thus no applicable T&Cs. Council Tax is a statutory matter, like income tax etc.

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