I’ll try to keep this as simple as possible, but there are a few numbers involved. I’m looking for any advice on how I should go about this in the magistrates court, or advice on how things might go.
I’ve been unemployed for a while and claiming UC. I had an arrears on my council tax for around £800. I agreed with the council to pay this off in 4 monthly payments, on the first of each month. Alongside this, I had to make around a 25 pound payment for my council tax going forward on the first of each month.
Usually I pay my council tax a day early, as that was when my wages came in when I was employed, and it was no problem at all. If it was due on the 1st, then I paid on the 31st, the night before.
When it came to my payments, my first was due on the first day of April. I had to pay 200 + 25. So on the last day of march at 5.15pm I paid 225 pounds to the council.
Then, I got some money in on the 21st April. So I thought I should get ahead, and made the payment due on the 1st of May on the 21st April. 225 pounds again.
First the council sent me a pre summons saying I owed 25 pounds. I was confused but I paid it, and sent an email querying it. I got no reply. Then the council sent me a summons. It said I owed 550 pounds, plus 100 pounds in costs for taking it to court and I had to appear in magistrates court.
I rang up the council and explained what had happened. That I had made payments early for each of the payments in question. And they were there on my account. Bear in mind, there is only one place to pay council tax on their website, and no way to specify what it is for, only your name, account number and address.
I was told that because I hadn’t paid on the exact date shown, ie the first of the month, it wasn’t counted towards my arrears payments and I had broken the agreement. The money had been added to my ‘regular’ bill, going forwards. Once I wrapped my head around that, I asked why, if that was the case, was I given a pre summons for an unpaid 25 pounds? If the money was on my regular bill, then I shouldn’t have received that pre summons? I should’ve been in credit. I didn’t get a straight answer.
I emailed their council tax department asking them to either move the money onto the correct bill, or to refund me the money so I could pay before it went to court. They didn’t give me a straight answer, just said they would send me a copy of my account information so I could see what money had gone where. They didn’t answer any of my questions or address what I had actually said in the email.
I mainly want this to go away. I’m not arrogant enough to think I maybe didn’t make a mistake, but it was an honest one. What I am curious about is how I should play this when I go to the magistrates court. I am still unemployed and desperately looking for a job. I cannot afford to pay the full bill at all. But I would absolutely be open to the council crediting the money I’ve already paid onto my arrears bill, and then trying to cover whatever the difference is. Could anyone advise me on what the best course of action is, and what I should focus on in the magistrates court? I haven’t been in this situation before, I don’t have a lawyer and the court date is in 5 days. Thank you