If you have received a Reminder but your Council Tax still remains
unpaid, the Council will take further recovery action to obtain the
money due.
This is done through the Magistrates Court and you will be sent a
Summons that will tell you how much money you owe and when the
hearing will be.
You will be charged costs of at least £42 for the issue of the
summons.
Below you will find a set of Frequently Asked Questions (FAQ)
relating to summonses and the Court hearing.
Why have you
sent me a summons?
The Council has sent you a summons because you have not paid
your Council Tax on the due dates.
This means that you lose the right to pay by instalments.
The following information tells you what will happen next and how
you can stop the proceedings.
How can I
stop the proceedings?
By making a full payment of the Council Tax and costs shown on
the summons before the hearing date.
You should send your payment to the Council using the slip provided
at the bottom of the summons. If you do this, the case will not be
put to the Magistrates and you will not incur any further
costs.
What if I
have recently applied for benefit, and haven't heard if I qualify
for any reduction?
The proceedings will still continue. This is because your must
pay the amounts shown on your last bill, until a new bill is sent
to you.
Contact the Council before the Court hearing date. They will be
able to tell you when your claim should be dealt with, and what
will happen next.
What if I
have written to the Council about my summons and not had a reply by
the hearing date?
The Council makes every effort to answer letters before the
hearing but this is not always possible.
Even if you have written to the Council about your summons, they
will still apply for a liability order for any amount left unpaid
at the date of the hearing.
What if I
think the amount shown on the summons is wrong?
Contact the Council before the Court hearing date.
The Court cannot answer any questions you may have about the
amount of the Summons, or whether you should be getting a
reduction.
What if I
can't pay in full?
Council staff can discuss payment with you at any time before
the hearing and they may allow you time to pay depending on your
circumstances.
The Court cannot discuss payment with you, or decide how much
you have to pay.
Please call the number shown on your summons to discuss payment
with the Council.
The Citizens Advice Bureau provides a free, impartial debt
counselling service. You can contact them on 01502 518510, or
through their web site at www.citizensadvice.org.uk
Will I still
have to pay additional costs if I make an arrangement to pay before
the hearing?
Yes.
The Council will apply for a liability order as explained below
under 'What Will Happen At The Hearing" and another £16.00 costs
will be added to your liability.
However, the Council will take no further recovery action provided
you make payment as agreed.
Do I need to
attend court?
No. Only if you wish to put forward a defence against the
summons.
One valid defence is that you have already paid the amount shown on
the summons. If you paid before the summons was issued, please tell
the Council so they can trace your payment and cancel the
proceedings.
Another defence is that the Council has not asked you to pay
Council Tax according to the Law. The Council is asked to produce
evidence at Court to show they have issued the necessary bills and
other notices as required by Council Tax law.
If you decide to attend Court, you may have to wait up to 3 hours
before your case is dealt with.
What will happen at the
hearing?
If you have not paid your summons in full, including the costs,
the Council will ask the Magistrates to grant a 'liability order'
for the amount unpaid plus a further £16.00 costs.
This will happen whether you attend Court or not.
This liability order allows the Council to take further action
to recover the unpaid balance including any costs.
After the hearing, the Council will send you a letter telling
you what will happen next and how to avoid further action.
Will the magistrates decide how much I can
pay?
No. The Magistrates will only decide whether or not to grant a
liability order.
What if I
have any other queries?
Please do not write to the Court. The Court cannot help you with
any enquiries about your Council Tax.
For further details please use the contact details below:
Email:
ct.recovery@waveney.gov.uk
Telephone: 01502 523278
Fax: 01502 523310
Letter: Waveney District Council (Local Tax), PO
Box 96, Lowestoft, NR32 1HW
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