Please be aware that these details are meant only as a guide, they are by no means conclusive. The Council will endeavour to assist you if you require more information on specific parts of the regulations, however, if you require further clarification you may wish to seek independent advice.
It often saves valuable court time if you try to resolve any issues with the Council immediately upon receipt of your summons.
You are entitled to appear if you feel strongly about a particular issue and the Council will not try to deter you from doing so.
The Council, on making its application for a Liability Order, may be required to satisfy the Court that the appropriate procedures have been followed. These may include the fact that:
a) the council tax has been fixed by a resolution of the Council
b) that the sums have been demanded in accordance with the Council Tax (Administration & Enforcement) Regulations1992 - please contact the Council if you require more information on those regulations.
c) Full payment of the amount due has not been made by the due date.
There are two basic arguments available against the making of a Liability Order: (1) that the amount has not been demanded in accordance with the regulations; (2) that the amount has been paid.
Any matter which could be the subject of an appeal to a valuation tribunal may not be raised in a liability order application hearing (regulation 57(1) of 1992 regulations).
A liability order may be made even if the council tax payer is either disputing the amount of Council Tax benefit that has been awarded, or is waiting for the outcome of an appeal.
If a Liability Order is issued to the Council by the Magistrates Court following a court hearing it will detail who is responsible for the debt, how much it is and what costs have been awarded.
Once the Liability Order has been granted, the Council can request information regarding your employment details, your income and expenditure, and family circumstances. If you fail to supply the information, or you submit information that is incorrect, you will be brought before the Courts who may impose a fine.
Once the Council is in possession of your financial information it will decide what is the most effective way in which to collect your debt. Possibilities include:
- ATTACHMENT OF EARNINGS (i.e. deduct money from your wages).
- DEDUCTING MONEY FROM CERTAIN BENEFITS.
- REFERRING DEBT TO BAILIFFS.
- In extreme cases the Council can commence insolvency proceedings, seeking a charge over your property or seeking COMMITTAL TO PRISON.
