The following information is sent out with all Council Tax summonses:
Why have I received a summons?
The Revenues and Benefits Section's records show that you have not paid your Council Tax as previously instructed. You may have failed to pay your instalments or not paid them by the due date (1st of the month).
As a result, you have lost the right to pay by instalments and a summons has now been issued against you for the outstanding balance of the year's tax. Unless you pay that full amount, including the summons costs of £105 before the hearing date, the Council will apply to Waltham Forest Magistrates' Court for a Liability Order, which will enable further recovery action to be taken if necessary.
What is a Liability Order?
A Liability Order is an order made by the Magistrates Court which allows us to take further recovery action. This includes:
- Passing the debt to a bailiff to recover.
(You may be charged additional costs for this) - Making automatic deductions from your wages or benefits.
(Your employer can charge you up to £1 for each deduction). - Starting bankruptcy/ Charging Order proceedings
Can I still make an arrangement to pay?
Because you have received a summons you have forfeited your right to pay by instalments. However, in some cases we may be able to to enter into a short-term payment arrangement. Please note you will need to provide us with your employment details for us to consider making an arrangement. Our address and telephone number are shown at the bottom of this leaflet. We will still apply for a Liability Order at the Court, but will not take any further recovery action providing the payment arrangement is maintained.
Do I need to attend the court?
You have the right to attend the Magistrates' Court. However, you need only attend if you dispute liability.
The Magistrates can only decide if you are liable and cannot refuse to grant a Liability Order simply because you have an outstanding application for benefit, discount, exemption or a dispute about the banding of your property.
They cannot decide how much you should pay or agree payment arrangements.
We can only help you if you contact us, before the hearing date.
I do not accept liability for this amount. Do I need to attend the court?
If you do not think that you are liable, please contact us now to tell us why. We will do our best to resolve the matter before the Court hearing. However, it is your right to attend the Court if you wish.
What happens next?
If you do not pay the full amount shown on the summons by the hearing date, the Council will apply for a Liability Order against you. After the Liability Order has been granted:
- We will instruct our external bailiffs to collect the debt. This will mean that you also have to pay bailiff fees. If you do not arrange with the bailiff to pay the debt, the bailiff may take away your possessions to sell at auction. The bailiff will take their fees out of any money obtained from the sale of goods at auction and then send any remaining money to the Council to pay towards the debt.
- We may start bankruptcy proceedings against you, or
- We may apply to the County Court for a charge to be registered again your property so that the debt is paid out of the proceeds of sale when you sell your property.
- The Council can also instruct your employer to make direct deductions from your earnings/wages.
Do not delay - please pay the amount outstanding or contact the Revenues and Benefits Service immediately to avoid further recovery action being taken.
