This section answers the most common questions asked by council taxpayers who have been summonsed for not paying their council tax.
Frequently Asked Questions
Do I have to attend Magistrate's Court on the date shown?
What happens if I pay the sum in full before the date I am due to appear in court?
What do I do if I cannot afford to make payment in full?
What is the procedure at Magistrate's Court?
I dispute the amount shown on the summons
I’m on a low income and not receiving Council Tax Benefit. What should I do?
I need independent advice. Who can I turn to?
Why have I been summonsed?
We have not received the amount on your bill and reminder letters.
Do I have to attend magistrate's court on the date shown?
NO, unless you dispute that the sum shown on your summons is due from you it is NOT necessary for your to attend the hearing. You have a legal right if you wish to do so but the court will not consider any proposals for payment. The purpose of the hearing is to consider the actual liability for payment of the council tax and NOT THE ABILITY TO PAY. If you do attend the hearing, please bring the summons with you.
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What happens if I pay the sum in full before the date I am due to appear in court?
The court proceedings can be stopped by PAYMENT IN FULL, INCLUDING THE AMOUNT OF THE SUMMONS COSTS. We must receive payment before the hearing. If the costs are not paid we will still apply for a liability order for the outstanding amount, which, if granted, will incur the additional liability costs detailed on the summons. The summons will NOT be withdrawn if you make part payment or payment without costs.
What do I do if I cannot afford to make payment in full
If you cannot pay in full now, you must contact us at once giving full details of your proposals for payment. The hearing will still take place and a liability order applied for. However, in appropriate cases, further recovery action may be withheld if alternative payment arrangements can be agreed. Costs may still be incurred and any payment arrangement will be for the TOTAL amount including all applicable costs.
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What is the procedure at the magistrate's court?
If the magistrate decides that the council tax has been legally demanded and that you have not paid the amount due, it has the power to grant us with a liability order. An application for a liability order will be granted, add the further costs detailed on the summons which are to be paid by you.
I dispute that I owe the amount shown on the summons
If you believe you are not liable for the amount shown on the summons or that the amount shown is incorrect, you must contact us as A MATTER OF URGENCY AND BEFORE THE DATE OF THE COURT HEARING. If it is possible to resolve any problems before the Hearing Date, then this will save both you and the court much time and inconvenience.
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What is a liability order?
A liability order is a legal document which provides us with a number of options, including:
To ask details of your financial circumstances which, if not provided, you may be fined
To deduct the amount payable from your earnings
To deduct the amount payable from your Income Support or Job Seekers Allowance
To place collection in the hands of the council’s certified bailiffs. The bailiffs are legally entitled to remove and sell your goods at public auction, equal in value to the balance owed plus any bailiff fees and charges, which have been legally incurred.
To apply to the county court for any outstanding amount, where thecouncil tax payable is over £1000, to be charged to your property. This means that the debt will be paid to the council when the property is sold, providing sufficient funds are available.
Please note that a debt can only be charged to a property if you own it.
There are other options available to us, which include, bankruptcy or liquidation proceedings and ultimately, your committal to prison.
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I’m on a low income and not receiving council tax benefit. What should I do?
If you are on a low income you may be entitled to a reduction in the amount of your council tax. See our council tax benefits page for an application form. Meanwhile, you should make arrangements to start paying the council tax whilst any benefit entitlement is determined. You can also contact the Citizens Advice Bureau to ensure that you are receiving all the financial benefits to which you may be entitled.
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I need independent advice, who can I turn to?
The Citizens Advice Bureau (CAB) offers free advice and also provides a debt counselling service. Find your nearest CAB at: www.citizensadvice.org.uk
You can also contact:
Hounslow Welfare Benefits and Money Advice Unit
Tel: 0870 126 9500
Hours: 2pm to 5pm on Tuesdays and 4.00pm to 7.00pm on Thursdays.
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