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Summoned for Council Tax Arrears...?

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Wednesday, October 31, 2012
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the_seaside

It's approaching that time again when Plymouth City Council next apply to the Magistrates' court for Council Tax liability orders.

This is only one of several applications made to the court each year. These are necessary to obtain legal paperwork enabling recovery staff to pursue struggling council taxpayers for arrears.

  1. Every householder has the right to attend the hearing – Article 6 of the Human Rights Act

    Every householder has the right to attend the hearing – Article 6 of the Human Rights Act

Once an order is granted, a number of options are available to enforce payment including bailiffs, attachment of earnings or benefits, bankruptcy and committal to jail.

Already, householders will have accrued £60 costs. The Summons comprises a court fee and the authority's administration costs. The court's fee is £3 for each application whether or not Magistrates grant the order, which If obtained costs residents a further £23.

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Last year saw 13,573 account payers summoned to appear at the Magistrates' court, where 8,833 liability orders were granted. This means at £60 for each summons and £23 for a liability order, the costs raised by the council totalled more than £1.01 million – an average £84,795 a month.

An application for an award of costs is made at each court hearing for the Benches' consideration. Though in practice they have already been decided and a demand made around two weeks in advance of the scheduled court date.

Whilst the authority will have notified the Clerk to the Justices of these costs, 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, so although these costs have been predetermined they can be challenged in court.

Every householder has the right to attend the hearing and appear before Magistrates in accordance with Article 6 (right to a fair trial) of the Human Rights Act 1998.

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  • Profile image for c_4_yourself

    by c_4_yourself

    Friday, November 09 2012, 7:42PM

    “Oh! And this might be useful....

    http://tinyurl.com/7rcxh2h"

  • Profile image for c_4_yourself

    by c_4_yourself

    Friday, November 09 2012, 7:42PM

    “"Once an order is granted, a number of options are available to enforce payment including bailiffs....."


    If this happens you're potentially going to have several hundred pounds added to your outstanding bill. You can avoid this by...........


    1) Ignoring the bailiffs completely, do not be tricked into opening the door to them. There is no law which says you must deal with bailiffs.

    2) If you've outstanding Council Tax owing, pay it directly to the council.

    3) If the council refuses because it's with the bailiffs, ask them to put it in writing that they're refusing payment. In any event you can pay them on-line, through their website, or by internet banking etc.

    4) Bailiffs must leave details of fees and charges you incur for each visit etc. There must be evidence they attended in person. Hand delivered (not posted) documentation. Charging without attending is a "Phantom visit" and an attempt to defraud you. In the event payment is taken by the bailiff for such an offence, this will be fraud.

    5) They may bill you around £130 for what's called an "attendance fee" or similar. This would almost certainly be spurious. To enquire contact:

    nelc.bailiffs@talktalk.net or check out (or may be register) with this forum

    http://tinyurl.com/7jppcez

    6) They may bill you £24.50 for what they may term a "redemption fee" or "Head H fee". This would almost certainly be spurious. Again contact above”

  • Profile image for Scoops007

    by Scoops007

    Thursday, November 01 2012, 12:21AM

    “Sorry BS but i'm not paying for your kids education twice through income tax and council tax when I don't have any children of my own. Empty the bins is all the council does for me”

  • Profile image for BS_Hater

    by BS_Hater

    Thursday, November 01 2012, 12:04AM

    “So, what happens when you cannot genuinely pay? Do they come and take your child's bike, teddy and toys, followed by your sofa, table, cutlery??? underwear???

    I am sure many people genuinely (not dodgers like scoop007) struggle to pay this unfair tax, anyone pursuing such a person should be ashamed of themselves”

  • Profile image for Scoops007

    by Scoops007

    Wednesday, October 31 2012, 11:43PM

    “Rent a house then move after 6 months. Not paid a penny in over 10 years, sorted!!”

  • Profile image for kur_ching

    by kur_ching

    Wednesday, October 31 2012, 6:04PM

    “Liability order hearings are typically scheduled to take place at Magistrates' courts, several times a year. There is no requirement for those summoned to attend the court, but for the relatively low numbers that do attend, council employees are deployed at the court to intervene with proceedings.

    In a room reserved at the court, council representatives conduct their own enquiries, which in effect obstructs those summoned, appearing before Magistrates. For attendees unfamiliar with these hearings, the procedure may seem regular and unlikely to query it.

    Council staff will be either seeking payment plans or attempting to resolve mistakes made in the applications process. However, those obstructed from presenting their cases in the courtroom get no favours. Costs would still stand and Liability Orders obtained.

    The council's prominence at these court hearings clearly functions to limit Magistrates' involvement. This can be understood when hundreds, sometimes thousands, are summoned to appear before Magistrates, who theoretically, could all turn up at the same time. The council's intervention clearly makes a complete mockery of the judicial process.

    Vast sums can be generated because of the "conveyor belt" style operations involving bulk processing of court orders. It should set alarm bells ringing when revenue in respect of an hour or so's visit to the Magistrates' court can result in the council being entitled to one or two hundred thousand pounds.

    Presented with these figures, it would be reasonable to think the authority benefits to a far greater extent from the income generated than the authority incurs obtaining the orders. However, it's typical for councils to say that the revenue generated is no more than the costs it incurs in connection with the court applications for sending out reminders, summonses etc.

    Because of the automated nature of council tax administration, these reminder notices and summonses etc, are printed and sent out en masse, and almost certainly benefiting from discounted postage costs from outsourced postal services. Operational costs are further minimised as this part of the recovery process is geared around set dates in the system, which, if no payment activity is detected, triggers dispatchment of the relevant notices.”

  • Profile image for m_dalston

    by m_dalston

    Wednesday, October 31 2012, 4:51PM

    “What a weird view of the world.

    "This means at £60 for each summons and £23 for a liability order, the costs raised by the council totalled more than £1.01 million"

    What you meant to say is that people not paying their council tax are raising these costs.

    If someone doesn't pay my business the money they owe and I take them to a claims court - do you blame me for raising costs as well?”

  • Profile image for kur_ching

    by kur_ching

    Wednesday, October 31 2012, 4:47PM

    “On reflextion, its quite fitting that the photo resembles nothing like Plymouth Magistrates' Court. If you ever went to one of these things you'd know they resemble nothing like a proper court hearing.”

  • Profile image for Marksensible

    by Marksensible

    Wednesday, October 31 2012, 2:32PM

    “Why write an article about Plymouth City Council taking people to court for non payment of Council Tax and then add a photo that obviously isn't Plymouth Magistrates Court??? Lazy Mr Editor, very lazy!!!”

  • Profile image for c_4_yourself

    by c_4_yourself

    Wednesday, October 31 2012, 2:01PM

    “How goes this work then?

    Over 4,000 of these cases were referred to bailiffs to levy distress, but none of them had any goods removed.”

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