Wellingborough Council's difference of opinion on Council Tax summons costs

The request was partially successful.

Dear Wellingborough Borough Council,

In reference to Freedom of Information request ref: FOI #488424 (summons for non-payment of council tax) the document disclosed states that:

"....you, being liable to Council Tax have not paid the amount due" https://www.whatdotheyknow.com/request/4...

The document indicates that Summons costs (presumably £85.00) are included in the Total Amount Due

The High Court has ruled that the sum which is included as standard on Council Tax summonses in respect of costs is merely additional information to what is statutorily required on a summons under rule 98(2) of the Magistrates Court Rules. The amount stated is to inform the recipient of the amount of costs which will be claimed by the council if it proceeds to make the application at court for a liability order. The sum is not incurred until (and if) the court grants the costs which may be a different amount to that which is included on the summons. https://www.scribd.com/document/37563681...

Q1. Why does it say in the summons document that the summons costs (£85.00?) are included in the Amount Due when they are not incurred until (and if) the court grants the costs

Q2. Have the summons costs actually been applied to the customer's account at this stage

Yours faithfully,

Seb Tarantino

Lucy DaSantos, Wellingborough Borough Council

Dear Seb

 

Thank you for your email of 09 July 2018.

 

Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days. 

 

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Kind Regards

 

Lucy DaSantos

Information Officer

[1][Wellingborough Borough Council request email]

01933 231822

 

Making Wellingborough a place to be proud of

 

 

From: Seb Tarantino [mailto:[FOI #496622 email]]
Sent: 09 July 2018 19:57
To: info - Shared Mailbox
Subject: Freedom of Information request - Wellingborough Council's
difference of opinion on Council Tax summons costs

 

This Message originated outside your organisation.

Dear Wellingborough Borough Council,

In reference to Freedom of Information request ref: FOI #488424 (summons
for non-payment of council tax) the document disclosed states that:

"....you, being liable to Council Tax have not paid the amount due"
[2]https://www.whatdotheyknow.com/request/4...
000189.pdf

The document indicates that Summons costs (presumably £85.00) are included
in the Total Amount Due

The High Court has ruled that the sum which is included as standard on
Council Tax summonses in respect of costs is merely additional information
to what is statutorily required on a summons under rule 98(2) of the
Magistrates Court Rules. The amount stated is to inform the recipient of
the amount of costs which will be claimed by the council if it proceeds to
make the application at court for a liability order. The sum is not
incurred until (and if) the court grants the costs which may be a
different amount to that which is included on the summons.
[3]https://www.scribd.com/document/37563681...

Q1. Why does it say in the summons document that the summons costs
(£85.00?) are included in the Amount Due when they are not incurred until
(and if) the court grants the costs

Q2. Have the summons costs actually been applied to the customer's account
at this stage

Yours faithfully,

Seb Tarantino

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References

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1. mailto:[Wellingborough Borough Council request email]
2. https://www.whatdotheyknow.com/request/4... 000189.pdf
3. https://www.scribd.com/document/37563681...
4. mailto:[FOI #496622 email]
5. mailto:[Wellingborough Borough Council request email]
6. https://www.whatdotheyknow.com/change_re...
7. https://www.whatdotheyknow.com/help/offi...
8. https://www.whatdotheyknow.com/help/ico-...

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