Missed instalment
If payment is not made within seven days of the instalment date, the council can start recovery proceedings. In practice, we usually wait a little longer.
First reminder
If a payment is overdue, a reminder is issued showing the amount you need to pay. If payment is made within seven days, the instalments continue.
If you cannot bring your payments up-to-date within seven days, you should contact us. It may well be possible to make different arrangements.
If payments are not brought up-to-date within seven days and no contact has been made with us, a summons is normally issued for the full amount of council tax due for the year. Extra costs are also charged.
Second reminder
If payment is made after a first reminder has been issued but then 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 certain circumstances.
If payments are not brought up-to-date within seven days and no contact has been made with us, a summons is issued for the full amount of council tax due for the year. Extra costs will also be charged.
Final notice
If you miss another instalment payment after a second reminder has been sent, a final notice will be issued for the FULL amount of council tax due for the year.
You will lose the right to pay by the original monthly instalments.
Unless the whole amount is paid within seven days a summons will then be issued and extra costs charged to your bill.
A payment arrangement may still be possible, but Court action will continue in order to protect the council's rights to immediate enforcement action (if there be further default in payment).
Summons
A summons is a document issued by the Magistrates Court. It is a legal order for you to appear before Magistrates at a time and place given on the form.
You do not have to attend the hearing if you are not disputing the case but it is important that you contact the council to make an arrangement if you are not paying the debt in full.
A summons can be delivered by posting it to the last known address of the debtor. The council does not have to prove that the summons or reminder has been received but only that it has been posted.
A summons is issued when a reminder or final notice is not paid within seven days and will be sent for the full amount of council tax outstanding for the year and additional costs of £80. If payment is made to the council in full before the Court date, including the extra costs, that is the end of the matter.
If full payment is not made, the case is presented to the Magistrates Court and a liability order will normally be granted for the council tax and costs. An arrangement may still be accepted at this stage but Court action will continue to the stage of obtaining a liability order. It is still important to contact us to talk through the details and avoid the enforcement of the liability order.
Liability order
The court normally grants the council a document called a liability order.
The liability order gives us, the council, the right to recover the debt by enforcement through various methods such as -
We will send you a letter giving notification of the liability order. We will give you up to fourteen days to pay in full or make an arrangement before the debt is passed for a bailiff to collect.
This notification also includes a form (information request) requesting details of your household income.
This 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, the fine is up to £1000.
A criminal conviction would also be recorded.
Charging orders
If you owe £1000 or more that is subject to a liability order, the council can apply to the County Court for a charge on your property.
This would fall in priority behind any existing charge from, say, your mortgage lender.
If a charging order is made and you fail to make payment of the council tax then your home is at risk because the council may apply to the County Court for an order for sale of the property to recover the debt.
If you owe the council any kind of sizeable debt, it is essential that you contact us and agree a programme of payments.
