County Court Summons

[counciltaxwoes]

I've just found out there is a county court summons on its way to me.

In mid-December, I bought a flat and registered with my new local authority and received a bill of a bit under £400 which covered the amount owed until the end of the financial year (March 31). I just looked at the headline figure and thought, "about £100 a month" so, mid-January I paid £150 and at the end of January I paid another £50. In mid-February I paid another £100 and I went on to my online account to pay the final c. £100 today to see that I had racked up about £150 of costs due to a summons that is apparently on its way.

I've phoned up the helpline and the people there have said that I had to pay in two installments on 5/1 and 5/2 and so I am in arrears. The payment dates, now that I have checked the original bill, were specified but I foolishly didn't realise that they were set in stone. When I checked on my online account and saw I was in arrears I assumed it was because the original £150 that I paid went to the wrong account and so it kept showing up as my not having paid it while that money was tracked down and transferred to my actual account - all this was explained to the council tax department as soon as the mistake was noticed and an investigation was opened to trace the payment.

I'm very worried and quite angry that I am being taken to court despite having made an effort to pay my council tax from the start. It seems really heavy-handed. I wondered if it was worth going along to explain myself to the magistrates and what anyone would say my chances of success were . I suppose my argument is that the local authority shouldn't have the right to demand the money so far in advance when I was paying quite happily pro-rata (at about £3.50 a day, I've always paid lump sums that meant I was ahead of what was owed).

Honestly if i told you the tales ive had in the past year with council tax issues you would think i was making it up or making excuses for being a dick and not paying my council tax.

Even though I've always paid mine monthly One thing i can't understand how they can take you to court for a bill that actually isn't due until the end of March anyway.

My advice you need to have everything in writing and keep it (one of my recent dealings was with a case over 10 years old that just suddenly came to light!!) , if they say they have cancelled the court don't believe them and either ring the court directly or turn up on that date just to make sure (this happened to me twice). When i say keep everything i mean everything, every message left for someone write it down, every conversation write down who you spoke to and when. I mean every minute detail.... keep it!

Try not to worry the court bit whilst feels scary actually isn't, you know you've paid it take all your paperwork and proof. wear your best suit and you will be fine.

I would love to know the costs involved in councils messing up taking people to court.

County Court Summons are not heard by magistrates but by a District Judge. Council tax bills are always split over 10 months with no payments due in February or March. It is unfortunate you did not read the bill setting out the terms you were bound by.

You could try putting in a defence on the basis you set out and pay any arrears and the council MAY agree to waive the summons fee and costs. They may however not because it would be funded by other council tax payers. If they don't agree I suggest you take it on the chin Nd pay the costs too as you will not want a county court judgment CCJ against you.

Thank you both for your views and I'm sorry that you have been through the mill too, Cake. I have paid all the council tax to the end of the month, it is only the county court costs that are outstanding. I have never disputed the amount owed, just misunderstood the dates it was liable (by a few days).

Confusingly mine have been heard by magistrates although i too was under the impression they wouldn't be.

If you pay the county court costs they should cancel the court date - but like i say it will be worth you actually still turning up on the day as three different councils didn't cancel mine (despite both times it being completely their errors and saying they would / had).
It may well be a case of just paying that to get rid of it