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

The request was successful.

Dear Basildon 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 Basildon Borough Council have its computer software set to deal with non specific payments. Current or oldest year's liability?

Yours faithfully,

Gwyn Worth

Basildon Council, Email Notification, Basildon Borough Council

1 Attachment

This email is an acknowledgement of your Legal Information
Support Request submitted on 30/10/2017. A notification will be sent to
your email address by 27/11/2017 to inform you of the outcome.

To save you time in the future, why not Do it Online. You can now use our
[1]online form to let us know of future Legal Information Support
requests.

Thank you

[2][IMG]

This message does not necessarily reflect the views, opinions, policies or
procedures of Basildon Borough Council or its partners and does not give
rise to any contract, undertaking or agreement. eMail is not a secure form
of communication. Every effort has been made to ensure that this message
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2. http://www.basildon.gov.uk/

Basildon Council, Email Notification, Basildon Borough Council

1 Attachment

Dear Mr G Worth

I refer to your Freedom of Information request submitted on 30/10/2017.

I have attached the information you have requested below:

If payment matches an instalment the system will allocate the payment to
that particular year. If the payment does not match an instalment the
system will allocate the payment to the oldest year liability

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision
you should write to:

The Manager
Legal Information Support Team

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally the ICO
cannot make a decision unless you have exhausted the complaints procedure
first. The ICO can be contacted at The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SKP 5AF

If you have any queries about this letter please contact me. Please
remember to quote the reference number above in any future communications

Yours sincerely

Peter Samuels

Legal Information Support Team

[1][IMG]

This message does not necessarily reflect the views, opinions, policies or
procedures of Basildon Borough Council or its partners and does not give
rise to any contract, undertaking or agreement. eMail is not a secure form
of communication. Every effort has been made to ensure that this message
has been correctly addressed. It and any associated file(s) may contain
privileged or confidential information or details intended only for the
sender and the intended recipient. If this message is received by anyone
other than the intended recipient please delete the message and any
associated file(s) and destroy any printed copy. Please notify the sender
by a return e-mail or telephone and make them aware that the message has
been received by someone other than the intended recipient. If the subject
line of this email begins PER: then the email is a personal one and is the
personal responsibility of the sender and not Basildon Borough Council or
its partners.

References

Visible links
1. http://www.basildon.gov.uk/

Dear Basildon Borough Council,

Thank you for stating that 'if the payment does not match an instalment the system will allocate the payment to the oldest year liability'.

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 faithfully,

Gwyn Worth

Data Protection Officer, Basildon Borough Council

1 Attachment

Dear Mr Worth,
 
In response to your follow up question, please see following response
received from our council tax department :
 
If a customer falls into arrears in the current liability year a reminder
would be sent and the customer should contact us if the payment was for
the incorrect year and the payment would be transferred and the reminder
indicator removed.
 
If costs were added onto the account and it was later established a
payment was made to a different liability year, the account would be reset
and the costs removed.'
 
 
Kind Regards
 
Pete Samuels
Legal Officer (information)
Legal Information and Support Team
T: 01268 207868 
E: [email address] | W: [1]www.basildon.gov.uk
 
Basildon Borough Council
The Basildon Centre, St Martin's Square, Basildon, Essex, SS14 1DL
Follow us facebook facebook.com/basildonboroughcouncil
Follow us on twitter @BasildonCouncil
 
 
 
 

Dear Data Protection Officer,

Re; "If costs were added onto the account and it was later established a payment was made to a different liability year, the account would be reset and the costs removed".

In respect of your above response could you please clarify whether there is a cut off point after which the authority would refuse to reset the account and remove the costs, for example after bailiffs have been instructed?

Yours sincerely,

Gwyn Worth

Data Protection Officer, Basildon Borough Council

1 Attachment

Please use the following form to submit your FOI/EIR or Subject Access
Request :

 

[1]https://www5.basildon.gov.uk/report/Lega...

[2][IMG]

This message does not necessarily reflect the views, opinions, policies or
procedures of Basildon Borough Council or its partners and does not give
rise to any contract, undertaking or agreement. eMail is not a secure form
of communication. Every effort has been made to ensure that this message
has been correctly addressed. It and any associated file(s) may contain
privileged or confidential information or details intended only for the
sender and the intended recipient. If this message is received by anyone
other than the intended recipient please delete the message and any
associated file(s) and destroy any printed copy. Please notify the sender
by a return e-mail or telephone and make them aware that the message has
been received by someone other than the intended recipient. If the subject
line of this email begins PER: then the email is a personal one and is the
personal responsibility of the sender and not Basildon Borough Council or
its partners.

References

Visible links
1. https://www5.basildon.gov.uk/report/Lega...
2. http://www.basildon.gov.uk/

Data Protection Officer, Basildon Borough Council

1 Attachment

Dear Mr Worth
 
See following response from our Council tax team in response to your
further supplementary question :
 
'No there is no time limit on removing and resetting the accounts.'
 
Regards
 
 
Pete Samuels
Legal Officer (information)
Legal Information and Support Team
T: 01268 207868 
E: [email address] | W: [1]www.basildon.gov.uk
 
Basildon Borough Council
The Basildon Centre, St Martin's Square, Basildon, Essex, SS14 1DL
Follow us facebook facebook.com/basildonboroughcouncil
Follow us on twitter @BasildonCouncil
 
 
 
 

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