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Payment Difficulties

Click the links below to go to the corresponding answers.

Q1 What happens if I am unable to pay?
Q2 What help can I get?
Q3 What happens if I don't pay?

Q4 Will legal action follow?
Q5 How do I contact the recovery section?


Q1 What happens if I am unable to pay or do not pay on 1st of the month?
If you are having difficulties in making payment in accordance with your bill please contact the council offices as it may be possible to arrange alternative payments without the need for recovery action.

If you do not pay on time and do not contact us to make a payment arrangement, you may lose your right to pay by instalements and we may have to take you to court. This could mean you having to pay the costs of legal action.

It is far better for you to contact us as soon as you get into difficulty. If we take formal recovery action, the amount of help we can give you is limited.
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Q2 What help can I get?
If you have a low income, you may be entitled to Council Tax benefit, and you should contact us immediately. For more information about benefits, please click here to go to the benefits page.
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Q3 What happens if I don't pay?
When a Council Tax or Business Rate bill is issued, it  shows the amounts which you must pay and the dates when you must pay.

If you do not pay your instalments as they fall due, we will send you a Final Reminder. The Final Reminder will state that you must pay all the instalments you owe within seven days. If you do not, you will lose the right to pay by instalments and, after a further seven days, you will have to pay the total balance of your Council Tax or Business Rates immediately.

If you are having problems paying your instalment on time you should contact us immediately on 01621 854477.

If you are on a low income, you may be entitled to Council Tax Benefit and you should contact us for details and an application form. Benefits enquires 01621 854477
You may not legally withhold payment of Council Tax or Business Rates if you have a grievance against the Council or wish to complain about Council services. In those circumstances you should pay your Council Tax/Business Rates as they fall due, and contact the appropriate Council Department separately about any complaint.
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Q4 Will legal action follow?

Summons and Liability Order


I
f you have lost your right to pay by instalments because you have not paid your Council Tax or Business Rates in accordance with your bill or reminder notices, the Council will take legal proceedings to obtain the money you owe.

The Council will make a complaint to the Magistrates' Court applying for a summons to be issued against you for the full balance including costs. These additional costs will be added to your account.

The full amount shown on the summons will be required to be paid by the Court Hearing date, or the Council will apply for a Liability Order to be granted against you. The Liability Order allows the Council to take further action to collect the outstanding Council Tax or Business Rates. If a Liability Order is granted, additional costs will be added to your account.

At the Hearing, the Council has to satisfy the Magistrates that the Council Tax was properly set, that the bill, reminder and summons were served to you correctly and that the money is still unpaid. There are only a limited number of defences in law against the issue of a Liability Order e.g.:

Council Tax
The amount demanded has been properly paid

The Council has not properly set the level of the Council Tax

Insolvency proceedings have commenced

Business Rates
The ratepayer, though rated, was not in occupation of the premises.

Financial hardship or failure to receive documents do not constitute a valid defence in law and will not prevent the application for a Liability Order. Furthermore, any matter which should be determined by a Valuation Tribunal can not be raised as a defence e.g. you have appealed against the banding of your property or you have a dispute regarding a discount or exemption or rateable value for non domestic premises.

If you contact us after a summons has been issued and a special payment is agreed, a liability order (plus costs) will still be requested at court to protect the council's interest. The order will then be held at this office and provided the payments are received on the agreed dates the alternative methods of collection of the debtgiven by the order (see below) will not  be used.

The Liability Order allows the Council to take more action to recover unpaid Council Tax/Business Rates. This can include:

Requesting information from you, which you will be legally required to provide. Failure to do so, or knowingly giving false information, is a criminal offence.
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Q5 How do I contact the recovery section?
You can contact the recovery section by phoning 01621 854477 or emailing recoverysection@maldon.gov.uk.
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