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Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

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Dear Reading Borough Council,

The Council makes the statement quoted below from the link:
https://www.whatdotheyknow.com/request/e...

"Please be advised that amounts paid will be allocated to the current year if they match the instalment amounts/arrangement amounts; any other payments will be allocated to arrears."

The council's statement above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):

http://s000.tinyupload.com/index.php?fil...

The judgment clarifies the position in cases where a creditor has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified

Clearly the council's statement, if it were to agree with the judgment, would be.....

[[ Where the debtor does not make any reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce. ]]

Q. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Yours faithfully,

S Staffordson

Roddy, Susan, Reading Borough Council

1 Attachment

Dear Sir/Madam

 

Please take this e-mail as an acknowledgement that your recent FOI request
has been received by Reading Borough Council.  This has now been passed to
the appropriate officer for a response.  You can expect to receive a
response within 20 working days from the date we received your request, as
specified in the Act.

 

Many thanks.

 

 

Sue Roddy

Assistant Information Officer and Legal Administrator/Secretary

Legal Services | Directorate of Resources

 

Reading Borough Council

Legal Services, Floor 2 South, Civic Offices, Bridge Street, Reading RG1
2LU

DX40124 Reading (Castle Street)

 

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Email: [1][email address]

 

[2]Website | [3]Facebook | [4]Twitter | [5]YouTube

 

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The information in this e-mail is confidential to the intended recipient to whom it has been addressed and may be covered by legal professional privilege and protected by law. Reading Borough Council does not accept responsibility for any unauthorised amendment made to the contents of this e-mail following its dispatch. If received in error, you must not retain the message or disclose its contents to anyone. Please notify us immediately quoting the name of the sender and the addressee and then delete the e-mail. Reading Borough Council has scanned for viruses. However, it is your responsibility to scan the e-mail and attachments (if any) for viruses. Reading Borough Council also operates to the Protective Document Marking Standard as defined for the Public Sector. Recipients should ensure protectively marked emails and documents are handled in accordance with this standard (Re: Cabinet Office - Government Security Classification).

References

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Forkin, Darrell, Reading Borough Council

2 Attachments

Dear Sir/Madam,

 

Please find attached our response to your FOI request, as below.

 

Regards

 

Darrell Forkin

Recovery Team Leader

Customer Services Revenues Team

Finance | Directorate of Resources

 

Reading Borough Council

Civic Centre, Bridge Street

Reading RG1 2LU

 

0118 937 2789

0118 937 3727 (Helpline)

 

[1]Website | [2]Facebook | [3]Twitter | [4]YouTube

 

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show quoted sections

Dear Forkin, Darrell,

Thanks for the response. Regarding the following:

"....since our last Freedom of Information response on this matter dated 5th December 2017, we have in fact changed our payment allocation rules and where a non-specific payment is received, it’s now allocated to the current year’s charge."

I understand that the Freedom of Information response you refer to is the one in which it was stated that the council had trialled non-specific payment amounts being allocated to the current year, but it caused problems with attachment of earning payments.

I assume the problem was ironed out?

Yours sincerely,

S Staffordson

Dear Forkin, Darrell,

Did you get a chance to look at my query?

Yours sincerely,

S Staffordson

Forkin, Darrell, Reading Borough Council

Dear S Staffordson Esq.

Firstly, we apologise that your last email to us was not answered promptly which has now led to this late response being sent to you.

I can confirm that the Council had investigated the way in which employers tend to pay Attachment of Earnings payments which are usually, but not exclusively, by BACS.

The Council then put procedures in place to check these payments more thoroughly and generally allocate to the arrears. When other types of payments such as cash/allpay/card payments etc of a non-specific payment amount is received, they are allocated to the current year's charge.

Clearly exact instalment amount payments are allocated automatically to the correct year's charge.

As the Council receives significant amounts of payments every day there will always be exceptions, however, we always welcome contact from the customer to advise us of their intention of where a non-specific payment amount should be allocated.

Regards

Darrell Forkin
Recovery Team Leader
Customer Services Revenues Team
Finance | Directorate of Resources

Reading Borough Council
Civic Centre, Bridge Street
Reading RG1 2LU

0118 937 2789
0118 937 3727 (Helpline)

Website | Facebook | Twitter | YouTube

show quoted sections

Dear Forkin, Darrell,

Thank you for explaining. I understand that a billing authority's duty is to prioritise maintaining a customer's in-year account, so by allocating unspecified payments of the types described to the current year's charge is the approach standing the best chance of achieving that aim.

For example, a customer who made payment in an amount sufficient to prevent his in-year liability falling in arrears would have good cause to bring legal proceedings against the council if it were to allocate his payment to a previous year's charge (thus unnecessarily burdening him further) by virtue of it not matching the instalment amount.

Yours sincerely,

S Staffordson

We don't know whether the most recent response to this request contains information or not – if you are S Staffordson please sign in and let everyone know.