Council Tax arrears and dealing with debt

The Council’s collection policy to collect all instalments as they become due to ensure that we treat all council tax payers fairly and consistently to act in accordance with current regulations while trying to be responsive to individual circumstances.

What if I cannot pay the bill?
As soon as you realise you are having difficulties paying your council tax contact the Recovery Team on 01395 517448. We can help you to find out if you are paying the right amount or whether you are entitled to a reduction, for example, with a single person discount, or with council tax benefit. We may be able to help by rescheduling your instalments. Dealing with the debt before it gets worse is of the utmost importance. Whatever the circumstances,  please do not ignore the bill.

What happens if I don’t pay?
If you miss a payment we will send you a reminder notice. It gives you seven days to bring your instalments up to date. If you pay within the time limit, but fall behind again, we will send you a second reminder.

Some people play 'the reminder game' - not paying until a reminder arrives. But if you miss making a payment for a third time in the financial year, or if you do not pay the full amount stated on the first or second reminders within the time limit given, we will send you a Final Notice. This means that you must pay the total amount outstanding for the rest of the financial year within seven days. It isn't worth the risk!

If we send you a Final Notice, and you do not pay the balance in full, we will start recovery action through the Magistrates' Court. Please avoid letting matters reach this stage and contact us on 01395 517448 as soon as possible if you have problems in making payment.

What recovery action can the Council take against me?
We can apply to the Magistrates’ Court for a Liability Order. We will send you a Summons telling you the date of the court hearing and the full amount of unpaid council tax, plus our costs (as at April 2010 these are £40). Only payment in full will stop the recovery action. However, if you can make an immediate part payment, please contact 01395 517448.

Do I need to go to court?
No. You do not need to go to court if:

• you accept that you owe the amount on the Summons and
• you pay the full amount you owe, including costs, before the hearing, or
• you contact us before the hearing and we agree an acceptable arrangement to pay what you owe.

You do have a right to attend if you wish. If you are attending court, you need to bring all the paperwork with you, including any receipts. Please be aware that you may have to wait before the court hearing begins.

What happens at the court hearing?
The court only considers whether you are liable to pay the council tax, not your ability to pay. If you are liable to pay and have not done so, the magistrates will grant a Liability Order.

What happens if I disagree with the amount?
If you think we have made a mistake, or you think you are not liable for the charge, please contact us immediately on 01395 517448.

Do I have to pay the costs?
Yes. You must pay the full amount shown on the Summons, including the costs, to stop further recovery action. The Council incurs costs in preparing the Summons and we recover those costs from you.

What happens after court?
If the Magistrates grant a Liability Order, it gives us additional powers to recover the unpaid council tax and to demand certain information from you which you are legally required to give.The Council's extra powers include:-

1.     Attachment of Earnings Order - this lets us take the money you owe directly from your wages.
2.     Deductions from benefit - this lets us take the money you owe directly from certain benefits.
3.     Bailiff Action - we can employ bailiffs to recover the debt - this process is known as the levy of distress. The charges involved are quite considerable and you will be held liable for them.
4.    Bankruptcy Proceedings and Charging Orders - we can begin the appropriate proceedings if your debt is over certain amounts.

Could I go to prison for not paying my council tax?

Yes. Council tax is a priority debt and the consequences of not paying can be severe.

We do not need your agreement before taking any of the above courses of action.

If you need further help, a range of organisations will give you free, independent debt advice. You can also find more information in our booklet  Arrears Advice (517KB - 04 April 2011 - PDF Help). If you would like us to send you a copy, please call 01395 517446.

Page last updated on 20 January 2012