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Home > Housing > Council Tax > Council Tax Payment Problems - Recovery, Enforcement and Insolvency

Council Tax Payment Problems

 

Service of the Summons

 

 
The council tax regulations contain detailed arrangement for recovery and enforcement including:
 
 

 

The complaint

 

If an amount for which a reminder notice or final notice has been served remains unpaid, the billing authority may make a complaint to a justice of the peace made within six years of an amount becoming due. The complaint will result in a summons being issued to the liable person by the Court to appear at a hearing. The cost of the application and summons will be charged to the liable person.

 

The Summons

 

A Justices' Clerk is authorised to consider a complaint and issue a summons. The signing of the summons by facsimile or rubber stamp was confirmed by the High Court and although billing authorities print the summonses for the Justices, it is the Justices who issue the summons, not the billing authority. A summons must be served at least 14 days before the hearing and the summons must state the time and date of the hearing. The Local Government Act 1992 does not specify the form of a summons and it is generally accepted that the standard form for civil procedures is adequate.

 

Service of the summons

 

A summons may be served on a person by:
 
  • Hand delivering it to him
  • Leaving it at his usual or last known place of abode, or in the case of a company, at its registered office
  • Sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or
  • Leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of notices will be accepted
 
 

If the council tax and costs are paid before the hearing date then the hearing need not proceed. If a person fails to attend the hearing the certificate of posting can be entered into evidence as service of the summons. The billing authority is required to submit evidence of the proof of liability and the liable person may submit evidence in defence against the issue of a liability order. Regulations state that appeals regarding liability may not be raised in enforcement proceedings (they are subject to the council tax appeals processes) and provide for computerised records to be admissible as evidence.

 

Proof of liability

 

The authorised person attending for the billing authority will give evidence on oath that:
 
  • The council tax has been made and published
  • An entry for the dwelling appears in the valuation list
  • A demand note has been issued
  • A reminder notice or final notice has been issued
  • The amount became due less than six years ago
  • A summons has been served
  • The sum claimed, including costs, has not been paid
 
 
It is a matter for the Court to determine what is a valid defence but it is likely to include:
 
  • One or more of the matters included in proof of liability are incorrect
  • The sum is for a penalty that is subject to an appeal or arbitration
  • Insolvency proceedings have been commenced regarding the liable person.
 

Regulations state that "The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid". The order is made in respect of the sum payable and the costs reasonably incurred by the applicant in obtaining the order. Where the council tax is paid before the hearing date but the costs are not then the court shall, if requested by the billing authority, make the order in respect of the costs alone. The issuing of the liability order then enables the billing authority to use a number of enforcement options in order to settle the debt. An appeal against the issue of a liability order is by taxpayer and can be heard at the next available Magistrates Court hearing.

 

Liability Order Costs

 

Additional costs are awarded by the Court for the issuing of the liability order.

 

Enforcement Options

 

The issuing of a liability order to a billing authority empowers the authority to obtain relevant information about the circumstances of the liable person and undertake enforcement by:
 
 
 

A liability order may be referred to a bailiff for collection. The bailiff has the legal power to take away a debtors possessions and sell them in order to pay off the debt. The process is known as Distress. The bailiff is entitled to charge costs and fees for the activities performed and some, for instance the hiring of a van to remove goods, can be expensive.

 

Attachment of earnings

 

Where a liability order has been obtained the billing authority may serve a notice on the council taxpayer requiring him to provide details of his employer. If the taxpayer fails to supply the information within 14 days the billing authority may issue a penalty against him. On obtaining the employment details the authority may serve a notice on the employer instructing him to make deductions from the taxpayers pay to offset against their council tax account. The amount of the deduction is determined in regulations and the employer is entitled to deduct £1 for each act of deduction. It is an offence for an employer to fail without reasonable cause to implement an instruction and an authority may only issue an instruction for two liability orders at one time.

 

Attachment of a councillor's allowances

 

Where a liability order has been obtained against an elected member of a billing authority or preceptor to that authority then an order may be served on his authority requiring 40% of his allowances to be deducted and paid to his council tax account.

 

Deduction from job seekers allowance or income support

 

If a liability order has been obtained and the council taxpayer is in receipt of income support or a jobseekers allowance the billing authority may request the Benefits Agency to make weekly deductions from those benefits. The amount of the deduction is set out in regulations together with arrangements for the deduction to continue if the taxpayer changes address. The deductions may continue until such time as the liability order has been paid in full or the entitlement to the benefit ceases.

 

Insolvency

 

Where the outstanding debt is above prescribed limits and is covered by liability orders the billing authority can apply for the taxpayer to be declared insolvent. Different arrangements and consequences apply to personal insolvency (bankruptcy) and corporate insolvency (liquidation). The arrangements and consequences are specialist matters however the process includes the option for all parties to agree a voluntary arrangement for the insolvent person or company to make payments to their creditors and avoid the formal proceedings. Only council tax debts incurred as at the time of the insolvency are included in the insolvency. Further liabilities that accrue after the insolvency are subject to the normal council tax processes.

 

Charging Order

 

Where more than £1,000 is outstanding under liability orders and the council taxpayer has a legal interest in the dwelling, the billing authority may apply to the county court for a charging order on the property. The effect of a charging order is that if the property or other legal interest is sold the amount of the charging order is paid out of the proceeds. No further enforcement activity for that debt can be undertaken whilst it is in force and there are provisions for the order to be varied or discharged upon application by either the authority or the taxpayer.

 

Payment Arrangement

 

The only assumption the legislation makes regarding payment arrangements is that on receipt of a demand note a taxpayer will pay by one or more monthly instalments. However at any time during the collection process a billing authority and council taxpayer may agree a different payment arrangement. If a taxpayer is having difficulties making payment, he/she should contact the Council Tax section to discuss the situation.

 

Means Enquiry

 

Where other enforcement options have been unsuccessful the billing authority may make an application to the Magistrates Court for the commitment to prison of the liable person. The Court will summons the person to a hearing to enquire as to his financial means. This is often referred to as the means enquiry hearing. The Court has the power to remit the debt, impose a term of imprisonment of up to 90 days with immediate effect, or impose a term and suspend the commitment pending the taxpayer paying a payment arrangement imposed by the court. The Council will also apply for further costs against the taxpayer.
 
If the person fails to appear a warrant will be issued for their arrest and if he fails to abide by the payment arrangement imposed by the Court the billing authority may request that he be summonsed again to appear in front of the Court. At such a hearing the Court has the same powers as at the original hearing.