If you are having difficulty or have missed a payment legal recovery action may be taken to get the money you owe as this is a priority debt.
The Council Tax process that is followed is -
First reminder and second reminder
If a payment is overdue, a reminder will be issued for the amount you need to pay.
You must bring your instalments up to date by paying the amount on the Reminder within 7 days of the date of the letter. If a payment is paid within 7 days, the instalments continue.
If you do not want to pay by direct debit there is no other payment option, and you must pay the amount outstanding.
Contact us if you cannot bring your payments up to date within 7 days. It may be possible to make different arrangements. Otherwise, a court summons can be issued for the full amount of Council Tax due for the year and an additional £80 court costs are added to your bill.
We aim to process your request within 15 working days.
Make an arrears repayment arrangement (opens in a new window)
Final notice
If you miss another instalment payment after a second reminder has been issued, a final notice will be issued. It is for the full amount of council tax due as you have lost the right to pay by instalments.
Unless the whole amount is paid within 7 days, a court summons is then issued. A further £80 in costs are added to your bill.
A payment arrangement may still be possible. You will need to contact us to see if this is the case.
We aim to process your request within 15 working days.
Court Summons
A summons is a document issued by the Magistrates Court concerning unpaid monies. We will -
- ask the court to grant a liability order for unpaid council tax. This means that the court agrees you owe the money, and we can take additional steps to collect it
- a summons can be delivered by posting it to the last known address of the debtor. We do not have to prove that the summons or reminder has been received, only that it has been posted
- a leaflet is enclosed with the summons, which explains why it has been issued and what you need to do next. It is important to follow the guidance on this leaflet
Your options if you receive a summons are -
- pay the whole amount of outstanding council tax, plus £30 of the costs, before the hearing date. The remaining £50 costs can be withdrawn
- if you are unable to pay in full and have received a Council Tax Special Arrangement order along with your summons. If you fully pay the arranged instalments on or before the agreed dates, there will be no further action taken after the court hearing
- if you want to dispute the request for a liability order. You must contact the council at least 7 days prior to the court hearing to explain why you believe you are not liable. As a last resort you will be given a time to present your case to the court by way of a telephone hearing
- taking no action. A liability order will normally be granted for the outstanding council tax and court costs. Further action will continue
A summons or charge does not appear on a customers' credit file.
Liability order
The liability order gives us the right to recover the debt by enforcement through various methods such as -
- attachment of earnings or benefits
- Enforcement Agent action
- bankruptcy proceedings a petition for bankruptcy can be presented in the County Court against any person owing at least £5000. This is a very serious matter, and you can expect to lose your assets, including your home
- a Charging Order may be obtained. This means that if you sell your property in the future the arrears are paid from the proceeds of the sale
- Committal to prison. An enquiry into your income and expenses takes place and a payment order made by the magistrates. Failure to maintain payments could ultimately result in a prison sentence. If you do not appear in court, the magistrates issue a warrant for your arrest with bail
After a Liability Order is granted we send you a letter. It gives you 14 days to pay in full or make a suitable payment arrangement. This letter includes a form requesting details of your household income. You must complete and return it.
The form is part of the legal procedure and must be returned by law. If it is not returned, a fine of £500 could be issued by the courts. If false information is supplied, you can receive a fine of up to £1,000. A criminal conviction would also be recorded.
We aim to process your request within 15 working days.
Enforcement Agents
An Enforcement Agent was previously known as a bailiff.
We use both our own Enforcement Agents, and separate Enforcement Agent companies, to recover money.
Once a debt is passed to the outside Enforcement Agents company for collection, they administer the case. Extra costs will be charged. Hull City Council cannot enter any further arrangement for payment of that debt. You need to contact the company direct.
An Enforcement Agent may visit the property. They might take items belonging to the taxpayer to sell and set against the outstanding debt.
If the Enforcement Agent cannot collect the debt, the case is returned to us for further action.
Enforcement Agents fees
Under ‘The Taking Control of Goods (Fees) Regulations 2014’, Enforcement Agent fees are fixed by law. The costs cannot be reduced or waived. If your debt is passed to an Enforcement Agent to collect, the additional fees you must pay are -
- an immediate fixed compliance fee of £75 which is added to your debt
- if you still do not pay and an Enforcement Agent visits an additional fixed enforcement fee of £235 is added. For any debt over £1,500 costs are further increased by 7.5% of the amount which exceeds £1,500
- if you still do not pay and an Enforcement Agent removes goods additional costs of £110 are added. For any debt over £1,500 costs are further increased by 7.5% of the amount which exceeds £1,500