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Council Tax Summons

If you have received a Council Tax Summons, please read the following information:

The following questions and answers are provided to help explain the recovery process and are in addition to the notes on the reverse of the summons. Ways to pay, including details of Credit and Debit card payments by phone or on-line, are on the reverse of the summons.

Q.1 - Why have I received a Summons ?

We have previously sent you a reminder that has not been paid on time. Your right to pay by instalments has now been lost and the full balance for the year, plus costs, is now due. If we receive the full amount on the summons before the court hearing date no further action will be taken.

Q.2 - What if I can not pay the full amount ?

The Council will apply for a Liability Order at the hearing of the summons. The Council may agree to hold further recovery under the Liability Order, if granted, where a short term payment arrangement is agreed. Any arrangement will be inclusive of additional costs incurred at the hearing. You will be asked to supply any employment details which will be used to attach your earnings if the arrangement is not kept to. |Please contact us if you wish to discuss making an arrangement.

Q.3 - What is a Liability Order and why does the Council need one ?

A Liability Order grants the Council permission to recover the debt by various methods. If we agree a payment arrangement with you (any arrangement must be made with the Council, not the Court) it will only be on the basis that we continue with the application for a Liability Order. This means if you do not keep to the arrangement, the Liability Order will be executed. The granting of a Liability Order does not give you a criminal record and does not affect your credit rating.

Q.4 - Do I need to attend the hearing ?

You do not need to attend the hearing unless you dispute the Council's application. Our application will be heard in your absence. Please be aware the Court can only consider certain legally admissible disputes. They will not be able to consider other reasons, such as financial difficulties, an outstanding appeal against your band value or an outstanding benefit application, as a valid defence. If you feel you have a valid dispute please contact the Council prior to the hearing.

Q.5 - What happens if I do nothing ?

You will receive a letter shortly after the hearing. If you do not pay in full or contact us within 14 days from the date of the letter the Council will take further recovery action including: Bailiffs seizing your possessions (you will be liable for their fees and charges). Attachment to Earnings or Benefit; Bankruptcy proceedings against you. As a last resort, if we are unable to collect full payment, we will apply for your committal to Prison.

Q.6 - How can I avoid receiving a summons in the future ?

|Ensure payments are made on, or before, the due date. The vast majority of taxpayers in Elmbridge pay by direct debit, which collects payments automatically each month from your bank account. You can |sign up to pay by direct debit on line.


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