Council tax court summons

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Ernieball149
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by Ernieball149 » Sun Oct 21, 2018 8:29 am
Hi everyone.
My husband and I entered into IVA agreements with Payplan in June 2018. As part of this, we were told not to pay our council tax as it was included in the IVA.
After the first month of non-payment, the council sent me a reminder. I contacted Payplan about this and they reassured me that the council tax was a protected debt and no further action could be taken. They contacted the council again and I emailed them to confirm the details as to why I hadn’t paid.
I hadn’t heard anything from the council since, until yesterday (20.10.18).
My husband and I have both received a court summons for non-payment of council tax. I have called Payplan who have told me that they will chase it up as a matter of urgency on Monday morning. They last had contact with the council at the end of September so they know that the agreement is in place and the debt has been updated. Payplan has reassured me that it will be ok but I’m absolutely terrified. I can’t have this against my name, I haven’t done anything wrong and I feel like I’m being made out to be a criminal. I had never missed a council tax payment before going into the IVA.
Has anyone been in a similar situation to this or can offer me any advice?
Thanks.
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kallis3
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by kallis3 » Sun Oct 21, 2018 8:55 am
Have you checked your paperwork to see what it says about your council tax?
Ernieball149
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by Ernieball149 » Sun Oct 21, 2018 8:59 am
kallis3 wrote:
Have you checked your paperwork to see what it says about your council tax?


My council tax is listed under the covered debts in the IVA.
For the first year of the IVA, I pay the council tax money into the IVA, then after this my IVA payments reduce so that I can start paying council tax again from April.
Apparently this is standard procedure for IVAs now; I didn’t want to have to put my council tax in but I wasn’t given a choice really.
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kallis3
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by kallis3 » Sun Oct 21, 2018 9:14 am
Hopefully Payplan will pull their finger out tomorrow. What date have you got for court?
Ernieball149
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by Ernieball149 » Sun Oct 21, 2018 9:18 am
kallis3 wrote:
Hopefully Payplan will pull their finger out tomorrow. What date have you got for court?


Hi Kallis,
The court date is 2nd November, so just under two weeks away.
I’m hoping Payplan will be able to sort it tomorrow and I can stop worrying. They have told me that nothing can happen but when you get letters like this it’s not very reassuring!
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Foggy
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by Foggy » Sun Oct 21, 2018 9:41 am
This IS standard procedure now (although I don't agree with making problems where there weren't any before) and, it appears, some councils have yet to catch on. You are probably caught up in an automatic system, in error.

My local council simply writes off the CT debt for the current year. If it actually gets to court the magistrate will throw it out when told of the IVA ...... Payplan should be sorting this !
Ernieball149
Posts: 5
by Ernieball149 » Sun Oct 21, 2018 9:49 am
Foggy wrote:
This IS standard procedure now (although I don't agree with making problems where there weren't any before) and, it appears, some councils have yet to catch on. You are probably caught up in an automatic system, in error.

My local council simply writes off the CT debt for the current year. If it actually gets to court the magistrate will throw it out when told of the IVA ...... Payplan should be sorting this !


Thanks, Foggy.
I’m hoping it’s just a system error, like you’ve said. I’ve been looking through all my documents and saving screenshots of everything I need just in case I need to prove myself. I really don’t want to have to bring my employer into this by requesting time off to attend court if I don’t have to - it’s information I’d rather keep to myself!
Payplan have said they will call them tomorrow and I’ve requested a call-back from them plus written confirmation from the council that proceedings have stopped (I don’t know if I can get this, but I’ve asked anyway.)
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Radish
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by Radish » Sun Oct 21, 2018 12:46 pm
This seems a very complicated way of doing things? the whole selling point of an IVA is simplicity, no letters and no phone calls. I'd rather just pay my council tax the normal way, personally.
Ernieball149
Posts: 5
by Ernieball149 » Sun Oct 21, 2018 12:57 pm
Radish wrote:
This seems a very complicated way of doing things? the whole selling point of an IVA is simplicity, no letters and no phone calls. I'd rather just pay my council tax the normal way, personally.


I agree, Radish.
We didn’t really want to put it in but were told that this is now the procedure. I’ve never missed payments before this and it’s just caused so much unnecessary stress and bother!
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Foggy
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by Foggy » Sun Oct 21, 2018 1:08 pm
Radish wrote:
This seems a very complicated way of doing things? the whole selling point of an IVA is simplicity, no letters and no phone calls. I'd rather just pay my council tax the normal way, personally.



I agree -- when I did mine the CT was left as an allowable expense if not in arrears but someone took it to court, I believe, and the courts decided it should be included. The premise is that CT is payable in full at the start of the financial year and installments are only offered by discretion, therefore it is an unsecured debt.
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