If you have financial problems please contact us
immediately so we can discuss how you can pay your
bill.
I'm concerned about being able to pay
my council tax, what can I do?
We know it is not always possible to pay outstanding amounts in
full so we can work out repayment plans for you to pay back any
arrears in instalments. Contact our
council
tax customer services team to discuss your options.
What happens if I don't pay my
council tax?
If you don't pay your council tax or any arrears that you
owe, we could begin legal proceedings which can lead to
court and bailiff action and even imprisonment.
What process do you follow for
requesting payment?
Our bills are issued at least 14 days before any payment or
instalments are due. If an instalment is missed a reminder notice
will be issued requesting you to bring the account up to date. If
payments are made as requested but not maintained a second
reminder notice is issued. Failure to pay as requested and maintain
your payments after a second reminder notice will result in a final
notice being issued, this advises you that your right to pay by
instalments has been lost and the full balance for the year is due
and payable. Failure to pay in full as requested on the final
notice will result in a summons being issued.
Can you write off outstanding council
tax?
We cannot write off any council tax due to financial hardship
but benefits and independent advice is available should you require
further assistance.
How do you recover council tax
debt?
We follow a statutory recovery process in accordance
with council tax (administration and enforcement) regulations,
which apply to people who pay by instalments. For more
information download our
prosecution policy (pdf, Jun 09,
115KB).
Costs are incurred on the issue of a summons and your case will
then be heard at the North Somerset Court House where a
liability order will be sought. If this is granted we can deduct
payments directly from your wages or benefits, or establish a
special arrangement repayment plan. This can be done directly by
contacting our council tax
customer services team, and you do not need to attend the court
hearing to do this.
Can I attend court to dispute the
summons?
If you wish to attend the court hearing to dispute your
liability for the charge, there are three main valid
defences:
- the council tax has not been billed or demanded in accordance
with the law
- the amount demanded has been paid in full
- the tax has not been set correctly by the local
authority
Will you take payments from my
wages or benefits?
If you're employed we can ask your employer to deduct
council tax from your salary and pay it directly to us - known as
attachment to income. The amount we deduct depends on how much you
earn but can be as much as 17% of your net pay every month. Your
employer will continue to take payments until you have settled your
outstanding debt and must comply or face prosecution and a £1000
fine.
If you are in receipt of Income Support, Job Seekers Allowance
or Pension Credit Guarantee Credit we can ask the Department for
Work and Pensions (DWP) to deduct from £3.25 a week (£13 a month)
in council tax from your benefit.
Do you employ bailiffs to recover
debts?
We have the power to employ bailiffs to recover any debts
that you owe us in relation to unpaid council tax or business
rates if you've failed to make an acceptable arrangement to pay
back the debt. The bailiff will send you a letter informing you
that the debt has been passed to them for collection and will
request full payment immediately. Failure to make the
payment will result in them attending your property to remove
goods up to the value of the amount you owe, including any
costs for the bailiff visit. Any goods removed can then be
sold at public auction.
What can a bailiff do and how will
they do it?
Bailiffs can attend your property with a removal van and remove
your belongings and goods including furniture, bikes and cars and
place them in secure storage before they are sold. They must enter
your property peacefully and are not allowed to break down a door,
but once inside may use necessary force on any internal locked
doors. They may enter:
- if the door is open
- if a closed door can be opened without using force
- through an open window
How can I stop the
bailiffs?
If you pay your debt, including all costs before any goods are
taken or sold, the seizure or sale will be stopped. You can
also stop the bailiff taking the goods by:
- signing a 'closed possession' for the bailiff to
remain in the property until the debt is paid or the goods are
removed to be sold
- signing a 'walking possession' that enables the goods
to remain at the property and the bailiff can return at a later
date to remove the goods if the debt is not paid as agreed.
The walking possession is used when an arrangement to pay
the debt over a period of time is made, rather than the balance
being paid in full as requested
Do I have to be present for the
bailiffs to remove goods?
If the bailiff returns to remove goods, you do not have to be
present at the property.
What happens if the debt can't be
collected?
If the bailiff can't collect the debt or there are insufficient
goods to remove, the account will be returned to us
for further proceedings.
Am I in danger of liquidation or
bankruptcy proceedings being started against me?
If you or your company owe more than £750 to us in outstanding
bills we may start action against you to recover this debt. We'll
send you a statutory demand giving you 21 days to pay us the full
amount and once you receive this you should contact our
council tax
and business rates customer services team
immediately.
If you do not settle your bill we will present a petition for
bankruptcy or liquidation in the High Court. We can start
bankruptcy proceedings against individuals who owe us council tax
or business rates and insolvency proceedings against businesses
which have failed to pay their business rates.
What happens if you start
bankruptcy or insolvency proceedings against me or my
business?
If we issue bankruptcy or insolvency proceedings against
you this means you may:
- meet with the official receiver, and if appointed, a trustee
who will thoroughly investigate your affairs
- have any business you own closed immediately
- lose any assets of real value including your home and life
insurance etc
- lose any assets you may acquire during the term of your
bankruptcy such as inheritances, insurance settlements, growth of
asset value in your home
- have your building society, creditors and landlords etc
informed immediately
- have all bank accounts and credit cards closed. No UK bank
will give bankrupts any sort of bank account. Anything you might be
leasing, or buying on hire purchase, such as your car, will be
immediately returned to the owner
- lose professional and business status, have some employment
opportunities prejudiced, face rejection from many associations and
societies
- be refused credit for years after your discharge
Your trustee will have to settle every debt, whether it is in
order or not.
What happens if a liquidation order
is granted against my company?
If a liquidation order is granted against your company this
means:
- you will not be allowed to be a company director
- your company will be wound up by the official receiver
- your personal bank accounts could be frozen
- you could be forced to sell your home
Do you investigate housing benefit
and council tax fraud?
Our aim is to stop all types of fraud within North Somerset and
we specifically target council tax and housing benefit fraud. We
have set specific targets for reducing this abuse of public funds
and are making progress in the fight against fraud.
How can I help in the fight against
fraud?
We welcome any information on suspected fraud you can give us.
We check the quality of information of all the reports we receive
and they are investigated according to their merits. When you
report a fraud you don't have to leave your name or address and
anything you tell us will be treated in the strictest confidence
and your identity will be kept safe. Report
a suspected fraud
online. For more information contact our fraud investigation
team.
