Recovery Procedures
Council Tax - when is it due?
At the start of each financial year you will receive your council tax bill payable in ten monthly instalments. This is the time scale set by Government.
Alternatively you can pay your bill in full by the 15th April but you must advise the Local Taxes Section that you intend to do this prior to 1st April.
If you move into the district later in the financial year, or, have an adjustment to your account during the financial year, you will be given as many monthly instalments as the rules allow.
Direct Debit payments are collected automatically. You can chose a payment day of the 5th, 15th or 25th of the month (or nearest working day afterwards).
All other payment method instalments are due on the 1st of the month.
Are you having difficulty paying your Council Tax?
The first thing you should do is contact the Council, our details are below. We may be able to rearrange your instalments to make them more manageable. We can also tell you about any discounts or other reductions you may be entitled to. If you are on a low income, you may be entitled to Council Tax Benefit.
Do you have debts with other companies or organisations as well?
If you are having general problems managing your finances and paying your bills then you can contact the local Citizens Advice Bureau for some independent advice, or visit their website at www.citizensadvice.org.uk for information on their services.
Winchester CAB
The Winchester Centre
68 St Georges Street
Winchester
SO23 8AH
Telephone: 01962 848000
For a home visit through the outreach service telephone 01962 848008
Bishops Waltham CAB
The Library
Bank Street
Bishops Waltham
Hants
SO32 1AN
CAB surgery (Thursdays)
Wickham Community Centre
Hill Lane
Wickham
Telephone: 01489 896376
Fareham CAB
2nd Floor
County Library Building
Osborn Road
Fareham
PO16 7EN
Telephone: 01329 233412
Eastleigh CAB
101 Leigh Road
Eastleigh
Hants
SO50 9DR
Telephone: 023 80613949
What happens if I do not pay on time?
If you do not pay an instalment on time we will give you a few more days, then send you a reminder notice. This will tell you how much to pay to bring your instalments up to date.
Why does the Council send Reminder Notices?
The Council has to chase up late payments because some of the council tax collected is used to pay for the services we provide.
If the council tax isn't collected on time we may also have problems paying Hampshire County Council, the Police Authority, Hampshire Fire & Rescue Authority and the parish councils their share of the council tax.
What if I receive a Reminder Notice?
Reminders are sent to people when their council tax instalment is overdue.
When you receive a reminder, you must pay the amount of arrears within seven days. If you do not do this, then you will receive a summons after a further seven days asking you to pay the whole amount for the year immediately.
Please try to pay your instalments before you get a reminder as under the rules for council tax you are only allowed two reminders each financial year.
I've had two reminders notices, what happens next?
After you have been sent two reminders in a financial year, you will not be sent anymore. If you pay late a third time, you will receive a Final Notice. This means you have forfeited your right to continue paying monthly and the full amount for the year is due immediately. However, if you agree with a member of staff to bring your account up to date immediately AND to pay by direct debit, you can continue with monthly instalments.
What if I receive a Final Notice?
This means you can no longer pay monthly as you have lost your right to pay by instalments.
The whole amount for the year is due immediately. If you do not do this, then you will receive a Summons after a further seven days. If you speak with a member of staff and agree to bring your account up to date straight away AND to pay by direct debit, you can continue with monthly instalments.
What if I receive a summons?
If you do not keep paying your monthly payments on time, or you do not pay the full amount requested on a final notice, we will apply to the local Magistrates' court for a summons. The summons shows the amount due and when the court hearing will be. You need to pay the full amount on the summons (to our office) before the hearing date if you don't want your case to be taken before the court.
We can agree a payment arrangement with you at this stage but on the understanding that we are still applying for the liability order and £97.00 costs.
What happens at court?
If you do not pay the amount on the summons before the hearing date, your case will be taken to the magistrates' court.
We will ask the magistrates' to issue a liability order against you, which enables us to collect the money from you in a number of ways. You will be charged £97.00 costs for the issue of a liability order.
You do not have to attend the court hearing if you do not want to and you do not dispute your liability as the liability order can be issued even if you are not present.
Contact us for a Payment Arrangement
If a liability order is granted we would prefer to agree a payment arrangement with you rather than proceed with one of the recovery options below. It is very important you keep to this payment arrangement. The £97.00 costs will be included in the repayments. We often ask for your employment details as a back up to the arrangement. You can pay this arrangement by Direct Debit.
What is a Liability Order?
The Liability Order gives us powers to collect the council tax arrears from you in a number of ways. We will choose one of these options if you do not contact us for a payment arrangement.
Our options are: -
- To request information
You are required by law to give details of your employment and any benefits you get. We will send you a form to fill out with your income and expenditure details. - Attachment of Job Seekers Allowance / Income Support
We can ask the Benefits Agency to take money direct from your Job Seekers Allowance or income support. The current weekly deduction is £3.00. - Attachment of Earnings
We can order your employer to take deductions from your wages or salary until the debt is repaid. Your employer is required by law to comply. They can charge you £1 each time they make a deduction. - Use of Bailiffs
We employ external bailiffs to collect council tax arrears. They will try to make a payment arrangement with you or to find out your income details. They will give you details of the fees you will have to pay them. As a last resort they will ask to enter your home to make a list of the goods you own and could then return later to remove and sell those goods. Always remember to ask for identification when someone calls to your door. - Bankruptcy/Insolvency
Winchester City Council can start these proceedings against you. - Charging Order
We can apply to the County Court for a Charging Order if you own a property. Then when the property is sold we would receive the money you owe. You must owe us at least £1000 for this to be an option. - Committal to Prison
If all the above options fail, then we will summons you back to the Magistrates' Court to attend a committal hearing. The Magistrates' will examine your means (income and circumstances) now and at the time of the arrears. The Magistrates' may decide that you should have paid the debt and could issue a warrant of commitment, placing you in prison for up to three months. They may suspend the imprisonment if they wish to make a payment arrangement with you (suspended order).
Winchester City Council would like to avoid this course of action. Please contact us before your arrears reach this stage
Keeping us informed
Please contact us if you are having problems paying your council tax each month or have a change of circumstances affecting your ability to continue with a payment arrangement.
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