What happens if you don't pay
Below is the process and procedures we use for recovering Council Tax debt.
Reminders
If you receive a reminder, you have not paid your instalment on or before the day it is due.
If we don't receive the requested payment within seven days of the date of the reminder, you will lose your right to pay by instalments. The full amount becomes due within a further seven days. If the full amount remains unpaid, a summons will be issued for the entire year's bill without any further notice.
Second reminder
If you receive a second reminder, you have not paid another instalment within seven days on or before the day it is due.
If we don't receive the requested payment within seven days of the date of the reminder, after a further seven days you will forfeit your right to instalments. A summons will be issued for the entire year's bill without any further notice.
No further reminders will be issued throughout the Council Tax year.
Final notice
A final notice is sent when you have received and paid two reminders and have fallen into arrears for the third time. The final notice requires payment of the entire balance for the year.
If the entire year's balance is not paid within seven days, a summons will be issued.
Summons
A summons is a legal notice to start official debt recovery proceedings against you. Once a summons has been issued to you, if you wish to avoid the Council obtaining a Liability Order against you, you will need to pay your Council Tax in full, including the £95 court costs.
If you are unable to make payment in full, please contact us on 01733 452651 to discuss. You do not need to attend the Magistrates Court. If you believe that you have a valid dispute to the Liability Order being made, please contact the council before the hearing. The following are not legal disputes against the issue of a liability order:
- Cannot afford to pay
- Have applied for Council Tax benefits
- Have appealed to the Valuation Office against your Council Tax band
- Have appealed against our decision to hold you liable
You have the right to appear before the magistrates (justices) and provide evidence as to why the court should not grant a liability order. The valid defences are:
- The amount has not been demanded in accordance with the regulations
- Bills have been issued too late
- Instalments have not been calculated in accordance with the regulations
- The amount has been paid or
- He or she is not the person named on the summons
- The level of charge is not in accordance with the sum set by the council
If a liability order has been granted
Once a liability order has been granted and the magistrates have made an order for costs, the costs will be added to your account and the debt will be enforced. If the debt has not been paid in full or an arrangement been agreed, then we have the right to recover debt in any of the following ways:
- Issue an attachment of earning order
- Request the Department of Work and Pensions to take deductions from relevant benefits paid
- Use enforcement agents
- Apply for a charging order
- Commence bankruptcy proceedings
- Apply to the magistrate’s court for a warrant with a view to committing you to prison.
If you consider that the liability order was not obtained within the law, you have the right to appeal the order by way of judicial review in the High Court. This would be something you would need to arrange independently of the council at your own cost.
It should be noted that the magistrates are obliged to award ‘reasonable costs’. The level of costs will therefore be linked to the amount of time and effort the council has had to incur in making the application. If this includes large volumes of correspondence and requests for information under the auspices of a Freeman on the Land ‘defence’, then it is likely that this will cause the costs applied for to be higher in these individual cases.
Attachment of Earnings
An attachment of earnings order means we can order your employer to deduct the amount you owe from your wages and pay it directly to us. The amount of money we take depends on how much you earn after tax.
Attachment of Benefits
We can request the Department for Work and Pensions (DWP) to make deductions from your benefits. The DWP will make direct payments to us until the amount on the liability order is fully paid.
Enforcement Agents
If a payment arrangement is not made or we do not hold employment or benefit details, your debt may be passed to an Enforcement Agent. The Enforcement Agents will issue a Notice of Enforcement to you giving you a set period of time to make contact. This carries a statutory fee of £75 which is added to the balance that the Enforcement Agent Team have been instructed to collect. To avoid escalating costs, we strongly recommend that you contact the Enforcement Agents as a matter of urgency to discuss a mutually acceptable resolution. If you ignore the notice of enforcement sent to you, an Enforcement Agent will attend your property to collect payment in full, set an arrangement or remove goods. This visit will add a further £235 (plus 7.5% of the sum being recovered which exceeds £1,500).
Bankruptcy
The Council can issue bankruptcy and liquidation against individuals and companies that owe debts of more than £5,000. This will commence by the Council issuing a Statutory Demand which gives you 21 days to pay in full.
Charging Order and Order of Sale
If you are a homeowner, it is possible that we will place a charging order against your property. This means that when your property is sold, the Council is paid back the money you owe before you receive the money from the sale. The Council can force sale on the property to collect the debt.
Committal
The Council can apply for you to be committed to prison for non-payment of Council Tax. Upon a finding of Wilful Refusal or Culpable Neglect, the Court can imprison you for up to three months for non-payment of a Council Tax debt. It is important to note that the Council Tax debt is not written off if a sentence is imposed.