Ensuring customers are not subject to unnecessary recovery action, additional costs or hardship

Gwyn Worth made this Freedom of Information request to Oadby and Wigston Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Oadby and Wigston Borough Council,

A council taxpayer who owes more than just the current year's liability runs the risk of incurring additional recovery costs through a further application for a liability order if payments which are intended for the current year's liability are allocated by the council's computer to the previous year's liability. This would most likely happen where a non specific payment is made and the computer software is set to automatically allocate these payments to the oldest year's debt.

Councils computer systems have the necessary flexibility to be set to allow non specific payments to be allocated to the arrears or the current year's liability.

I understand that the majority of billing authorities have their computer software set to ensure that their customers are not subject to unnecessary recovery action, additional costs or hardship, i.e. so non specific payments are allocated to the current year's liability.

How does Oadby and Wigston Council have its computer software set to deal with non specific payments. Current or oldest year's liability?

Yours faithfully,

Gwyn Worth

Compliance, Oadby and Wigston Borough Council

2 Attachments

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Your Freedom of Information (FOI) Request

 

We acknowledge receipt of your request for information.

 

Your request will be considered under the Freedom of Information Act 2000
(“the Act”) and will be responded to within 20 working days, as defined by
the Act. This is subject to the information not being exempt or containing
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exemptions may apply or when fees may be payable, please visit the
Council’s website by clicking on the link [1]Freedom of Information (FOI).

 

Further information is also available from the [2]Information
Commissioner's Office (ICO) by clicking on the link.

 

If you have any queries or concerns, please contact us on (0116) 257 2708.

 

Yours faithfully

 

Compliance | Corporate Resources

[3]cid:image001.jpg@01D2D92F.672A4740

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [4][email address]

[5]cid:image004.jpg@01D2EB45.E4305810

 

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This electronic message and any files attached or transmitted with it
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Any views or opinions presented are solely those of the author and do not
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or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

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1. http://www.oadby-wigston.gov.uk/pages/fr...
2. https://ico.org.uk/
3. http://www.oadby-wigston.gov.uk/
4. mailto:[email address]

Compliance, Oadby and Wigston Borough Council

2 Attachments

Dear Gwyn

 

Your Freedom of Information Request (Ref: FOI-2604)

 

Please find below a response to your Freedom of Information (FOI) request.

 

The information provided in response to Freedom of Information requests is
subject to copyright protection.  Where the copyright is owned by Oadby
and Wigston Borough Council, re-use is permitted in accordance with the
terms of the [1]Open Government Licence.  However, we do ask that you
attribute the information to Oadby and Wigston Borough Council when
re-using it.

 

Where third party copyright is identified, you will need to contact the
copyright owner directly should you wish to re-use their information.

 

 

A council taxpayer who owes more than just the current year's liability
runs the risk of incurring additional recovery costs through a further
application for a liability order if payments which are intended for the
current year's liability are allocated by the council's computer to the
previous year's liability. This would most likely happen where a non
specific payment is made and the computer software is set to automatically
allocate these payments to the oldest year's debt.

 

Councils computer systems have the necessary flexibility to be set to
allow non specific payments to be allocated to the arrears or the current
year's liability.

 

I understand that the majority of billing authorities have their computer
software set to ensure that their customers are not subject to unnecessary
recovery action, additional costs or hardship, i.e. so non specific
payments are allocated to the current year's liability.

 

How does Oadby and Wigston Council have its computer software set to deal
with non specific payments. Current or oldest year's liability?

 

Our system is set up so that non-specific Council Tax payments are
allocated to the oldest debt

 

 

Should you be unhappy with the way your request has been handled you can
ask for an internal review by emailing [2][email address].
The Compliance Officer will then arrange a review of your case.

 

If you are not happy with the outcome of the internal review, you have the
right to apply directly to the [3]Information Commissioner's Office (ICO)
for a decision. Further information is available by clicking on the link.

 

If you have any further queries, please contact us quoting the above
reference number.

 

Yours sincerely

 

Compliance | Corporate Resources

[4][IMG]

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [5][email address]

 

Please save paper - Do you really need to print this e-mail?

 

 

 

This electronic message and any files attached or transmitted with it
contain information which may be privileged, confidential and protected in
law. The information is intended for the use of the individual or entity
named on this message only. If you are not the intended recipient you must
not disseminate, copy, distribute, disclose, use in any other way or take
any action in reliance upon the information contained therein. If you have
received this electronic message in error, please notify us by telephone
on 0116 2888961 or e-mail immediately and then delete the e-mail together
with any attachments from your system.
Any views or opinions presented are solely those of the author and do not
necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o...
2. mailto:[email address]
3. https://ico.org.uk/
4. http://www.oadby-wigston.gov.uk/
5. mailto:[email address]

Dear Compliance,

Thank you for stating that your 'system is set up so that non-specific Council Tax payments are allocated to the oldest debt'.

Would you please confirm whether or not any measures are in place to check that allocating an unmatched payment to the oldest debt in these circumstances would have the consequences of putting the current year's liability also in arrears, and if so, in accordance with R. v Miskin Lower Justices [1953] 1 Q.B. 533, whether the payment would be moved in respect of the current year's account to avoid unnecessary recovery action, additional costs etc.?

Yours sincerely,

Gwyn Worth

Compliance, Oadby and Wigston Borough Council

3 Attachments

*** This is an automatically generated reply - please do not reply
directly to this e-mail. ***

 

Thank you for contacting Compliance

 

We will endeavour to reply to your e-mail within 5 working days if a reply
is necessary.

 

If your enquiry is urgent or requires an immediate response, please
contact us on (0116) 257 2708.

 

Yours faithfully

 

Compliance | Corporate Resources

[1]cid:image001.jpg@01D2D92F.672A4740

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [2][email address]

[3]cid:image003.jpg@01D2EB45.F3EB98A0

 

Please save paper - Do you really need to print this e-mail?

 

 

 

 

This electronic message and any files attached or transmitted with it
contain information which may be privileged, confidential and protected in
law. The information is intended for the use of the individual or entity
named on this message only. If you are not the intended recipient you must
not disseminate, copy, distribute, disclose, use in any other way or take
any action in reliance upon the information contained therein. If you have
received this electronic message in error, please notify us by telephone
on 0116 2888961 or e-mail immediately and then delete the e-mail together
with any attachments from your system.
Any views or opinions presented are solely those of the author and do not
necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

References

Visible links
1. http://www.oadby-wigston.gov.uk/
2. mailto:[email address]

Compliance, Oadby and Wigston Borough Council

Dear Gwyn

Please see below reply from our Revenues Team Leader.

Kind regards

Compliance | Corporate Resources

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD
Postal Address: Council Offices, Station Road, Wigston, Leicestershire LE18 2DR
d: 0116 257 2708
t: 0116 288 8961
f: 0116 288 7828
e: [email address]

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Dear Compliance,

Thank you for your email. However, the reply to my request is missing.

Yours sincerely,

Gwyn Worth

Compliance, Oadby and Wigston Borough Council

3 Attachments

*** This is an automatically generated reply - please do not reply
directly to this e-mail. ***

 

Thank you for contacting Compliance

 

We will endeavour to reply to your e-mail within 5 working days if a reply
is necessary.

 

If your enquiry is urgent or requires an immediate response, please
contact us on (0116) 257 2708.

 

Yours faithfully

 

Compliance | Corporate Resources

[1]cid:image001.jpg@01D2D92F.672A4740

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [2][email address]

[3]cid:image003.jpg@01D2EB45.F3EB98A0

 

Please save paper - Do you really need to print this e-mail?

 

 

 

 

This electronic message and any files attached or transmitted with it
contain information which may be privileged, confidential and protected in
law. The information is intended for the use of the individual or entity
named on this message only. If you are not the intended recipient you must
not disseminate, copy, distribute, disclose, use in any other way or take
any action in reliance upon the information contained therein. If you have
received this electronic message in error, please notify us by telephone
on 0116 2888961 or e-mail immediately and then delete the e-mail together
with any attachments from your system.
Any views or opinions presented are solely those of the author and do not
necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

References

Visible links
1. http://www.oadby-wigston.gov.uk/
2. mailto:[email address]

Compliance, Oadby and Wigston Borough Council

Apologies for that, please see below...

I confirm that, if the payment does not match a current instalment or specific debt, it will be automatically allocated to the oldest debt first. However, if this is the case, the account will be individually checked by a Revenues Officer to see if the payment has been allocated correctly. If it appears that it has not been allocated correctly, the whole or part payment will be transferred to the relevant bill.

Dear Compliance,

Thank you for your response.

I'm making an educated guess that the checks carried out by your Revenues Officer to see if payments have been allocated correctly would include consideration to whether unmatched payments allocated to the oldest debt would have the consequences of creating arrears also for the current year's liability, and if so it would be deemed necessary for the payments to be transferred.

Can you please confirm whether these checks would fulfil the council's duty which would be to prioritise payment allocation to the account which it is most beneficial to the debtor to reduce?

Yours sincerely,

Gwyn Worth

Compliance, Oadby and Wigston Borough Council

3 Attachments

*** This is an automatically generated reply - please do not reply
directly to this e-mail. ***

 

Thank you for contacting Compliance

 

We will endeavour to reply to your e-mail within 5 working days if a reply
is necessary.

 

If your enquiry is urgent or requires an immediate response, please
contact us on (0116) 257 2708.

 

Yours faithfully

 

Compliance | Corporate Resources

[1]cid:image001.jpg@01D2D92F.672A4740

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [2][email address]

[3]cid:image003.jpg@01D2EB45.F3EB98A0

 

Please save paper - Do you really need to print this e-mail?

 

 

 

 

This electronic message and any files attached or transmitted with it
contain information which may be privileged, confidential and protected in
law. The information is intended for the use of the individual or entity
named on this message only. If you are not the intended recipient you must
not disseminate, copy, distribute, disclose, use in any other way or take
any action in reliance upon the information contained therein. If you have
received this electronic message in error, please notify us by telephone
on 0116 2888961 or e-mail immediately and then delete the e-mail together
with any attachments from your system.
Any views or opinions presented are solely those of the author and do not
necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

References

Visible links
1. http://www.oadby-wigston.gov.uk/
2. mailto:[email address]

Compliance, Oadby and Wigston Borough Council

Good Morning Gwyn

I confirm that the checks which we do prioritise payment allocation to the account which it is most beneficial to the debtor to reduce. If the debtor subsequently points out that the allocation was not what was intended, then we would transfer payments as requested.

Compliance | Corporate Resources

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD
Postal Address: Council Offices, Station Road, Wigston, Leicestershire LE18 2DR
d: 0116 257 2708
t: 0116 288 8961
f: 0116 288 7828
e: [email address]

Please save paper - Do you really need to print this e-mail?

Dear Compliance,

Thank you for confirming that the checks which you do 'prioritise payment allocation to the account which it is most beneficial to the debtor to reduce'.

It is encouraging that Oadby and Wigston Borough Council is apparently mindful of the principles surrounding the appropriation of payments and implement them.

Yours sincerely,

Gwyn Worth

Compliance, Oadby and Wigston Borough Council

3 Attachments

*** This is an automatically generated reply - please do not reply
directly to this e-mail. ***

 

Thank you for contacting Compliance

 

We will endeavour to reply to your e-mail within 5 working days if a reply
is necessary.

 

If your enquiry is urgent or requires an immediate response, please
contact us on (0116) 257 2708.

 

Yours faithfully

 

Compliance | Corporate Resources

[1]cid:image001.jpg@01D2D92F.672A4740

 

Customer Service Centre: 40 Bell Street, Wigston, Leicestershire LE18 1AD

Postal Address: Council Offices, Station Road, Wigston, Leicestershire
LE18 2DR

d:  0116 257 2708

t:   0116 288 8961
f:   0116 288 7828
e:  [2][email address]

[3]cid:image003.jpg@01D2EB45.F3EB98A0

 

Please save paper - Do you really need to print this e-mail?

 

 

 

 

This electronic message and any files attached or transmitted with it
contain information which may be privileged, confidential and protected in
law. The information is intended for the use of the individual or entity
named on this message only. If you are not the intended recipient you must
not disseminate, copy, distribute, disclose, use in any other way or take
any action in reliance upon the information contained therein. If you have
received this electronic message in error, please notify us by telephone
on 0116 2888961 or e-mail immediately and then delete the e-mail together
with any attachments from your system.
Any views or opinions presented are solely those of the author and do not
necessarily represent those views of the Oadby & Wigston Borough Council
or any of its individual departments. Neither do any of the contents in
this electronic message and its attachments amount to a contractual or
legal commitment on the part of the Oadby & Wigston Borough Council.
Activity and use of the Oadby & Wigston Borough Council e-mail system is
not private and may be monitored to secure its effective operation and for
other lawful business purposes. Although we take reasonable precautions to
ensure our emails and attachments are virus free, we cannot accept
responsibility for any loss or damage arising from the use of this email
or attachments.

References

Visible links
1. http://www.oadby-wigston.gov.uk/
2. mailto:[email address]