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What if I do not pay?

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What happens if I do not pay my Council Tax?

If you are having financial difficulties

If you think you will have difficulty making the payments on the due date please call us immediately on 01394 444812. If you are hearing impaired and have a minicom device you can call us on 01394 444211.

If you are having problems paying your bill you should talk to us as you may be entitled to a reduction in your bill, for example, through Council Tax Benefit which is means tested. We may also be able to help you by rescheduling your payments. Please do not ignore the bill completely; if you do not pay it and fail to make an alternative payment arrangement, we will take recovery action (see below) which will increase the amount you have to pay by adding costs to your account.

If you miss an instalment you will get a reminder notice giving you fourteen days to bring your Council Tax payments up to date. If you do not do this within fourteen days, or you fall behind with your instalments on a third occasion, you will have to pay the outstanding balance for the whole year. If the balance is not paid we will then start recovery action.

Taking recovery action

We can apply to the Magistrates' Court for a Liability Order which gives us the authority to take enforcement action for the recovery of the debt.

When we apply for a Liability Order you will receive a summons telling you when the Magistrates will consider the Council's application and the amount we are seeking to recover which will include the cost of issuing the summons (currently £36). You do not have to attend the Court hearing, however you do have the right to appear before the Magistrates to give evidence as to why the Liability Order should not be made. Magistrates do not deal with liability or benefit disputes, there is a separate appeals process.

If you do not think you are liable for the outstanding amount or wish to make an arrangement to pay the balance please contact us as soon as possible. You can call us on 01394 444812 or email recovery@suffolkcoastal.gov.uk. If you are hearing impaired and have a minicom device you can call us on 01394 444211.

We would prefer to settle these matters before the Court hearing. If you make an arrangement the application for a Liability Order and costs (currently £22) will continue, however if you keep to the payments you will avoid further recovery action.

If a Liability Order is granted by the Court you will be required to provide us with certain information about your employment and earnings. You are legally required to provide this information as it will help us decide the best way to recover the debt. At this stage it is still not too late for us to consider a payment arrangement.

The Liability Order gives us several options for recovery of the debt. The main options are as follows:

Attachment of Earnings Order

We can order your employer to make deductions from your salary or wages and pay the amounts direct to us. The amount of the deductions will be a set proportion of your salary or wages after certain other deductions such as National Insurance and Income Tax.

Deductions from benefit payments

If you are receiving Income Support, Job Seekers Allowance or Employment and Support Allowance we may be able to apply for deductions from your benefit payments. This deduction is currently £3.40 per week.

Bailiff action

We employ bailiffs to recover debts. You will be held liable for the charges which can be quite considerable, it is therefore advisable to avoid matters reaching this stage.

If you are unable to settle the outstanding balance in full the bailiff has three options:

  • A walking possession agreement can be made with you. Your goods will not be removed as long as you make the payments agreed with the bailiff.
  • The bailiff can take close possession of your goods by staying at your premises until payment is made or the goods are removed for sale.
  • Goods can be removed with a view to their sale.

Bailiffs can take goods up to the resale value of the Council Tax arrears and only goods belonging to the person named on the Liability Order may be removed. The bailiff is not permitted to remove certain goods. These include:

  • Fixtures & fittings.
  • Tools, books, vehicles and other equipment that is necessary for your personal use in your work.
  • Foods, clothes, bedding and any furniture or household equipment that is necessary to meet the basic needs of you and your family.

Other options for enforcement action include bankruptcy proceedings and application to the County Court for a charging order (where Liability Orders have been obtained for at least £1,000) to be placed on the debtor's property.

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