Responding to default letters

If you’re more than 14 days late paying your council tax you will be sent a reminder letter. If you make the payment within seven days of the reminder letter you can usually continue paying your council tax monthly. If you are struggling to pay some councils may allow you to work out a suitable repayment plan, however, some council employees enjoy “talking down” to those they feel inferior. This is sadly common, however, if you feel that the staff have discriminated against you then you should complain to the chief executive (we suggest keeping a copy of all correspondence).

 

If you can afford an informal agreement the council will usually hold off any further action. If you default however the council will usually send a few letters to resolve the matter, ultimately, they may send around a debt collection officer. They are different from bailiffs as they have minimal power, however, we suggest that you discuss the matter with them to try and seek a working solution. Council tax arrears are written off in bankruptcy or a debt relief order (DRO). If you opt for an individual voluntary arrangement (IVA) then the council may, or may not agree for your debt to be included.

 

If your local authority starts court action, you’ll get a summons in the post. This will give you a date and time for a court hearing. Most tenants understand the council’s power over them but simply cannot afford to pay. They may not even have the funds to cover travel costs to the court, many consider attending court as futile because they feel embarrassed that they cannot pay. They know the council have all the power and will have no pity or leniency. They understand that the judge will usually and simply put through such application on-block without any consideration to their circumstances.

 

Ultimately should the debt still not be addressed the council may apply to the court for a liability order. If you don’t pay then enforcement agents (bailiffs) or sheriff officers may visit your home and either work out a payment option or take goods that can be sold to pay all or part of your arrears. 

 

How Lestons can help

If appointed we would usually recommend that we mitigate between yourself and the council to work out a fair and affordable repayment plan, generally, the council will usually hold off seeking repayment actions while payments are being received. To gain our assistance you need to open a case, this is done by simply clicking on the link at the top of the page, you will then need to deposit a sum equal to one hour’s usage, upon receipt of these funds you will be assigned your personal caseworker who will telephone you to discuss the matter and make suggestions on how to proceed. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our legal team and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, send us scans of the default letters etc.