Getting into arrears with the Council Tax
Council Tax is in fact due and payable in advance. The legislation allows for payment to be made in instalments but only as agreed by the billing authority – i.e. the council. It is important that you pay the due amount on the due date as specified on your bill. If you pay late, you will get a reminder. These are sent out automatically to accounts where payments are later than the instalments specified. So, if you are having difficulties keeping up with your payments, even if it’s just by paying one month behind all the time, you need to let us know. The quickest way to do this is by phoning 01803 861234 and an officer will note your account and offer advice. If you don’t contact us, and your payments get behind it may result in our commencing recovery action, as described below. Please bear in mind that we really are not aware of your individual circumstances unless you choose to tell us.
Basically, if you do not pay a Council Tax instalment on or before the date it is due you will be sent a reminder notice which gives you a period of seven days to bring your Council Tax payments up to date.
If you pay this, but fall behind again with another instalment, you will be sent a second reminder which again will give you seven days to bring your account up to date.
If you still don’t stick to the instalment arrangement you effectively lose the right to pay by instalments. At this stage the full amount becomes due. So what happens if you don’t pay?
If at any stage, payment is not made in accordance with the reminder, we start enforcement proceedings. To do this we issue you with a summons for non payment, advising you that we intend to apply for a Liability Order from Totnes Magistrates' Court to secure the debt. This will incur further costs of £55.00 which will be added to your existing debt, and will require the full outstanding balance and the costs to be paid. The only way to avoid having a Liability Order obtained is to clear the debt in full before the Court Hearing date.
If you agree that you owe the amount on the summons and you do not wish to attend the court, then you should contact us to discuss arrangements for clearing the debt. We will still obtain a Liability Order from the court but no further action will be taken as long as you make the payments as agreed.
If you disagree with the amount shown on the summons you should contact us immediately. If you still disagree, and wish to dispute the granting of a Liability Order then you have the right to attend the Magistrates' Court hearing to present your case.
After going to Court
Once a Liability Order has been obtained if you have already made an arrangement and are keeping to it, then no further action will be taken.
If, however, you haven't made a satisfactory arrangement, or if you break the arrangement you have made, your case will be passed to the Council's enforcement agent – Smiths Certificated Bailiffs. You will be notified that this has been done. Once your case has been referred to them you will need to contact them direct to make any further arrangement to clear the debt. The Council cannot do this for you.
There are several methods open to us, and to Smiths, to collect the debt, and the aim is to achieve this as swiftly as possible, it is not intended to be used for the convenience of the debtor.
- Attachment of Earnings - We can order your employer to recover the amount direct from your wages/salary and pay it direct to us. The amount deducted is a percentage of your income, and your employer may also deduct £1 for each deduction he makes to cover his costs.
- Deductions from Income Support - If you are receiving Income Support or Job Seeker's Allowance (Income Based), we may be able to apply for deductions to be taken direct from your benefit.
- Deductions from Pension Credit - If you are either Guarantee or Savings Pension Credit, we may be able to apply for deductions to be taken direct from your award.
- Use of bailiffs - This course of action means you will be charged additional fees, which can build up to a substantial amount if you do not deal with it promptly! You are entirely responsible for any fees incurred if this happens. Once the debt has been passed to the bailiff, you will need to contact him direct regarding clearing the debt.
- Commitment to prison - This would be a last resort, and the result of failure to pay due to demonstrating wilful refusal or culpable neglect, i.e. either deliberately refusing to pay the debt or neglecting to take any action whatsoever in order to do so. Although we have never pursued this course of action we are quite prepared to do so should the circumstances warrant it.
The contact address for Smiths is as follows:
Steve Smith Certificated Bailiffs
Suite 3, Melville House
Melville Street
Torquay
TQ2 5SS
Tel: 01803 299792
Some older cases are also still being dealt with by
Churchill DC Ltd. Civil Enforcement Agents
11 Orchard Court
Heron Road
Sowton
Exeter
EX2 7LL
Tel: 01392 203200
