Debt and Recovery
- The Council Tax account you receive is payable by instalments.
You may opt to pay by Direct Debit for convenience. The delivery of
vital local services relies on payment of the Council Tax.
- The Revenue section will always try to make a payment plan with
you, but will not agree to payments which leave you falling
further behind into even more arrears. You may be entitled to a
reduction in your liability or if you are on a low income you may
qualify for Council Tax Benefit.
- You must pay the instalments shown on your bill even if you
have a question about the charge, your Council Tax Band, Council
Tax Benefit, Discounts or Exemptions. If you have a question
you should contact the Revenue Section immediately, but until
it is answered and a revised bill is sent you, must pay as
originally billed. If a later amendment results in an overpayment
it will be returned to you.
Debt Advice
You may contact the following organisations
who could give debt advice.
What happens if I don't pay?
Failure to pay instalments
- If you are making regular payments, but are paying later than
the dates shown, or if you miss an instalment you may receive a
reminder giving you 7 days to bring your payments up to date.
- If you do not pay within the set time or if after a second
reminder you fall behind with your payments again, we will issue
you with a notice cancelling your right to instalments and
requiring you to pay the outstanding balance in full.
- If the balance is not paid, we may issue a Magistrates Court
Summons plus costs.
Court Summons and Court Hearing
- A summons may be issued if you have not made payment in
accordance with the instalments shown on your Council Tax account,
and you have not complied with the reminders, which have been
issued.
- After the date the summons is sent then unless payment is made
in full (including the summons costs) an application will be made
for a Liability Order plus further costs and will be done in your
absence if you fail to attend.
- Once a summons has been sent, special arrangements will only be
made at our discretion AND only if you supply information about
your employer and earnings once a Liability Order has been
granted.
- If you are having difficulty paying and cannot pay the full
amount on the Summons plus the costs you should contact the
Revenues Section as further arrangements, including payment by
direct debit, may be made.
- If payment is made by cheque it should be received by the
Council at least 7 working days before the date of the Court
Hearing otherwise it is unlikely to prevent the Council from
applying for a Liability Order plus costs.
- It is your right to appear in court and tell the Magistrates
why you feel you should not pay the Council Tax, however the
Magistrates will not be able to consider your ability to pay. If
you are going to attend the hearing, please advise the Council
before the hearing and you may also wish to seek legal advice.
- If you dispute either the liability or the amount of the
summons, you should immediately contact the Council's Revenue
Section; however your attendance will still be required, unless
your dispute is resolved to your satisfaction beforehand.
- Even if you decide not to attend court, you should speak to us,
or if you prefer your local Citizens Advice Bureau. We will try to
come to a reasonable arrangement with you for payment, but we
cannot do that unless you make contact. Arrangements may be made,
however the liability order and costs will still be requested at
the scheduled Court Hearing.
- The following are not valid defences: You can't afford to pay:
You have applied for Council Tax Benefit, Discount, Exemption or
other reduction: You have an outstanding appeal with the Valuation
Tribunal: You have not received the notices sent to you - The
Council does not have to prove that you received them.
After Court
- If a Liability Order is granted by the Magistrates and you have
not paid in full the Council will send you a notice informing you
together with a form that you must complete and return with your
income details. If you do not give this information you run the
risk of being taken back to Court where a fine may be imposed on
you. If you haven't paid or returned your income details within 14
days, Bailiffs may be instructed to visit you and you will incur
extra costs.
- A liability order enables the Council to recover as
follows:
Distress
- Bailiffs employed by the Council work to an agreed “Bailiff
Code of Practice” and can discuss your financial circumstances with
you and can either request payment or enter an arrangement after a
levy of distress. The arrangement will include the
Council's and bailiff's costs. If you contact them on receipt of
their letter to make an arrangement they may need to visit your
home in order to secure the debt first.
- If you have been visited before and have not kept to an
arrangement, they will add further costs and may not enter into
another arrangement with you.
- The bailiff will ask to enter your home to list your goods -
this is known as the levy of distress. If you fail
the arrangement the bailiff could return later to remove and sell
your goods and further costs will be incurred for the removal of
the goods, auctioneer's fees and the cost of storage.
- If you are unable to pay in full the bailiff has 3 options - A
walking possession agreement where your goods will not be removed
if you keep to the arrangements agreed with the bailiff; Close
possession, by staying on the premises until payment is made or the
goods are removed for sale; Removal of the goods immediately for
their sale.
- If you fail to make contact, or if you have insufficient goods
which can be removed, the bailiff will return the Liability Order
to the Council for further enforcement action.
Attachment
of Earnings or Benefit
- The Council can instruct your employer to make deductions set
as a percentage of your net earnings and pay the amounts deducted
to the Council. your employer may also deduct an administration
charge towards their costs in making each deduction and sending it
us
- Employment details must be supplied and failure to do so could
result in an additional fine of up to £500 for non-disclosure and
£1,000 for supplying false information.
- Income support or Job Seekers Allowance (Income Based) may be
collected by way of direct deduction through the Benefits
Agency.
Insolvency
- If you owe more than £750 you may be served with a Statutory
Demand.
- Unless the balance due is paid immediately, the Council will
continue to petition for your Bankruptcy, which will involve
considerable costs. If you are made Bankrupt, the Official Receiver
or a trustee appointed to act on their behalf will seek to realise
any assets that you may have, to be sold, to pay off the
outstanding debts which may involve substantial further costs and
could result in the loss of your property or any other assets you
may own.
Charging
Order
- If you own a property, the Council may decide to place a
charging order
- You may be forced to sell the property or the order will remain
on the property until it is sold.
Committal to Prison
- If you have still not paid and distress proves unsuccessful
then a committal summons may be issued for a Means Enquiry
examination into your conduct and means at the Magistrates Court
and you must attend otherwise an arrest warrant may be issued by
the Magistrates.
- If you are found to have been liable as a result of wilful
refusal or culpable neglect, the Magistrates may issue a warrant of
commitment for a period of up to 3 months in prison and involve
additional costs. The court also has power to remit all or part of
the debt.
- If you are sentenced to a postponed term of imprisonment and
fail to pay the amount decided by the magistrates you may be sent
to prison without a further appearance.
Contact
- If you are having difficulty in paying your Council Tax, get in
touch with the Council Tax Section immediately on 01446
709564.
- Email: CouncilTax@valeofglamorgan.gov.uk