Non Payment of Council Tax

• What happens if I miss a payment?
• What happens if I don't pay as instructed on a Council Tax Reminder or Final Notice?
• What happens if I cannot afford to pay the summonsed amount before the Court date?
• What is a Liability Order and what powers does it give to the Council?
• What happens if I have not set up an arrangement once the Liability Order has been granted?
• What happens when the account is returned from the Bailiff?

 

 

What Happens If I Miss A Council Tax Payment?

Please contact us if you are unable to meet payment of your account, to see if there are any alternatives that we can offer you.

This is what happens step by step if you miss payment:

• If you miss a payment, we will send you a reminder
• If you don't bring your account up to date within 7 days of getting the reminder you will lose the right to pay by instalments and the balance for the year becomes due
• If you pay the amount as stated on the reminder within 7 days from the date of the notice, no further action will be taken
• If you fall behind a second time in the same financial  year a second reminder will be sent
• You will receive a maximum of two reminders in any one financial year
• If you don't bring you instalments up to date within 7 days of getting the second reminder you will lose the right to pay by instalments and the balance for the year becomes due within a further 7 days
• If you pay the amount as stated on the reminder, no further action will be taken
• If you fall behind a third time in the same financial year, you will be sent a Final Notice.  This means that you will lose your right to pay by instalments and you must pay the amount outstanding in full.

 

What Happens If I Don't Pay as instructed on a Reminder or Final Notice?

When you fail to pay a reminder or you do not pay when you get the third notice, we will apply to the Magistrates Court requesting them to issue you with a Summons for non-payment of Council Tax. 

If we have issued a summons, the cost of issuing the summons will be added to your account. 

The balance including costs must be paid before the court (this will be shown on the summons) to stop us from applying for a Liability Order.  Further costs will be added to your account once the Liability Order has been granted by the Magistrates.

This action does not result in a County Court Judgement (CCJ) on your records as you are being summonsed by the Magistrates Court.

 

What Happens If I Cannot Afford to Pay the Summonsed Amount Before the Court Date?

We will be happy to set up an arrangement; however this will be inclusive of Liability Order costs.  We will need your employers/benefit details to enter into this arrangement. 

The advisory groups listed can provide help and advice if you are experiencing financial difficulties, and can also identify any benefits you may be entitled to.

• Citizens Advice Bureau (external link)
• Welfare Rights Service (external link)
• DIAL House - disability rights centre (external link)
• Department of Work and Pensions (external link)

Please contact us to discuss you payment proposals. 

 

What Is A Liability Order and What Powers Does it Give to the Court

A Liability Order gives us extra powers to get payment of the money due to us.

When a Liability Order has been granted by the Magistrates Court, it means that the court are satisfied that we have followed the correct procedure for requesting payment of Council Tax and that a balance remains on the account. 

We can:

• set up an arrangement
• deduct money from your earnings;
• deduct money from your income support or jobseeker's allowance
• instruct bailiffs to act on our behalf;
• start bankruptcy/charging order proceedings

 

What Happens If I Have Not Set Up An Arrangement Once The Liability Order Has Been Granted?

We will send you a letter telling you that the balance will be sent to the Bailiff if the balance is not paid in full within 14 days of the issue date. 

This letter also tells you about the costs that the Bailiff will charge.  The Bailiff will recover their costs from you.   The Bailiff will look to enter into an agreement to clear the balance but will collect goods to secure the repayment. 

If you default on the arrangement they may take these personal possessions to sell at public auction to pay off the debt.  If there are insufficient goods to clear the charge, they will return the account 'certified'. The next step is that you will be summonsed to Court.

 

What Happens When The Account Is Returned From The Bailiff?

We will send a committal summons, attached to this will be a form that you need to complete and take to court with you.  Costs will also be added to your account for the issue of the summons.  

When you are issued with a committal summons, you must appear before the magistrates to say why you have not paid your council tax.  If you do not appear, a warrant for your arrest, with or without bail, will be applied for.  This incurs more costs on your account. 

The justices will take your circumstances into consideration, and if they find you guilty of wilful refusal or culpable neglect they can;

a) issue a warrant of commitment (this means they can send you to prison for up to 3 months) or

b) fix a term of imprisonment but suspend the prison sentence on the basis that you pay a set amount each week or month to us.

If the justices form the opinion that your failure to pay was not due to wilful refusal or culpable neglect (this means that you did not have the means to pay) then they may remit part or whole of your debt.

Should you need further information about anything on this page please contact us at:

Council Tax Section
Chester City Council
The Forum
Chester
CH1 2HS
Telephone  01244 402471
email: counciltax@chester.gov.uk.