If you are having difficulty paying your council tax you should contact us.
We cannot make a different payment arrangement until a court summons is issued. To make a new payment arrangement we require full income details.
Information regarding Council Tax and 'freeman on the land'
Missed instalment
If payment is not made within seven days of the instalment date, the council can start recovery proceedings.
First reminder
- if a payment is overdue, a reminder is issued showing the amount you need to pay
- if payment is made within 7 days the instalments continue
If you cannot bring your payments up to date within 7 days, you should contact us. It may be possible to make different arrangements, otherwise a summons can be issued for the full amount of council tax due for the year plus £80 costs.
Second reminder
- if payment is made after a first reminder has been issued and a further instalment is missed, a second reminder is issued for the unpaid amount
- if payment is made within seven days, the instalment arrangement can continue
If you cannot bring your payments up to date within seven days you should contact us immediately. It may be possible to make different arrangements in exceptional circumstances. Otherwise a summons is issued for the full amount of council tax due for the year. £80 costs are added to your bill.
Final notice
- if you miss another instalment payment after a second reminder has been issued, a final notice is issued for the full amount of council tax due for the year as you have lost the right to pay by instalments
- a payment arrangement may still be possible, but Court action continues
- unless the whole amount is paid within 7 days a summons is then issued, plus a further £80 costs are added to your bill
Summons
A summons is a document issued by the Magistrates Court concerning unpaid monies. The council will -
- ask the court to grant a liability order for unpaid council tax. This means that the court agrees you owe the money and the council 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 but 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
- you are unable to pay in full and have received a Council Tax Special Arrangement order along with your summons. As long as you fully pay the arranged instalments on or before the agreed dates there will be no further action taken after the court hearing
- you want to dispute the request for a liability order. You must contact the council at least seven days prior to the court hearing to explain why you believe you are not liable. If you cannot agree, you will be given a time to present your case to the court by way of a telephone hearing.
- disputing the request for a liability order. You will need to complete the recovery form
- taking no action. A liability order will normally be granted for the outstanding council tax and court costs. Further action will continue.
Liability order
The liability order gives us the right to recover the debt by enforcement through various methods such as -
- attachment of earnings
- 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.
- charging orders
- 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, giving you 14 days to pay in full or make a suitable payment arrangement. This letter includes a form requesting details of your household income which you must complete and return.
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 £1000. A criminal conviction would also be recorded.
