If you cannot pay your Council Tax bill
Prompt collection means that the council will spend less on sending reminders and final notices. If the cash is collected promptly the council benefits from improved cash flow. If you have any problems paying or wish to set up a payment arrangement, please contact us
Your council tax bill shows you how much you need to pay and when your payments are due. Unless you pay by direct debit (where there is a choice of 3 payment dates) monthly instalments will be payable on the first of the month. If you pay by cheque, through the post office or through the bank you should allow extra time for your payment to reach us
If you do not pay instalments when they fall due, you will receive a reminder notice telling you to bring your account up to date
If you do not make a payment, the next notice you receive will be a summons. This is because by paying nothing, the right to pay by monthly instalments is lost and the whole year becomes payable in advance
If you pay the instalment shown on the reminder, but then fail to pay the next one you will receive another reminder notice. If you then fail to pay the next one, you will receive a Final Notice cancelling the instalment facility
If you are having genuine difficulty in making payments you should contact us straight away and we will do our best to help you
Do not ignore the reminder notice as if recovery action continues, this may mean you have to pay extra costs
Why have I received a Summons?
If you have not made payments on time in accordance with your latest business rates bill, you will be issued with a court summons following reminders having been issued. This allows the council to ask the court to issue a liability order to recover outstanding business rates
What should I do now?
You should pay the amount of council tax that you owe in full, including costs as shown on the summons. If you do this before the date of the court hearing your case will not be heard and the council will not apply for a liability order
If you are unable to make payment in full and wish to make a special payment arrangement, please get in touch via our contact us page or telephone 0808 164 8610
We will still apply for a liability order, but if you keep to the arrangement you have made, no further action will be taken.
You do not need to attend the court hearing unless you have a legal defence against the issue of a liability order. The magistrates will hear the case whether you attend or not.
The magistrates can only listen to a valid defence against the issue of a liability order. The defences are:
- the property is not entered in the appropriate valuation list
- the council tax has not been properly set
- the council tax has not been billed in accordance with the legislation
- the amount demanded has been paid in full (including summons costs)
- more than six years have passed since the balance became due
- insolvency proceedings have been started
- you are not the person who is liable to pay the council tax that you have been summonsed for
It is not a valid defence against the issue of a liability order, and you do not need to attend court if:
- you can’t afford to pay the amount owed in full
- you would like time to pay or have difficulty paying
- you want to make a payment arrangement
- you have applied for a Business Rates relief and have not heard anything
- you have appealed to the Council or the Valuation Office Agency about the amount of your Business Rates or your property rateable value.
If you have a valid defence and wish to attend the court hearing you must contact us first to arrange an appointment to appear. You can also telephone us on 0808 164 8610.
A liability order is a demand for you to pay the full amount you owe, plus costs. It gives the council greater powers to collect the money you owe using a range of actions which include:
asking your employer to take regular deductions from your salary
- taking money directly from your income support, jobseeker’s allowance or employment and support allowance
- asking enforcement agents to visit your home and either collect the amount you owe, or if this is not possible, remove items belonging to you and sell them
- putting a charging order on your property, which means we could force sale to pay your council tax arrears, or the arrears will be paid out of the amount you get for any future sale
- applying to make you bankrupt
- applying to the Magistrates Court for your committal to prison
After a Liability Order has been granted, a notice may be issued requiring you to supply financial information. You must complete and return it within 14 days.
If you do not complete and return the form, the law states it is an offence punishable by a fine.
The Council may not make an arrangement for payment if you do not provide this information. The maximum period for a payment arrangement will be based on each person’s individual circumstances. Any arrangements would normally be to the end of the financial year and we would expect that any arrears to be paid in addition to the current year’s council tax charge.
If you are unable to make payment in full and wish to make a special payment arrangement, please contact us at hdc-recovery@milton-keynes.gov.uk or telephone 0808 164 8610. Our opening hours are 10am-2pm Monday to Friday.
The council has to pay the Magistrates Court 50 pence for each summons that is issued and this cost is added onto the amount shown on your summons. We also include additional costs of £52 when a Summons is issued and request the magistrates award further costs of £50 if a Liability Order is granted. These costs are to reflect the council’s costs incurred in recovering a debt up to obtaining a liability order.
As the level of administration required by the council in collecting each debt varies on a case by case basis it would be too costly to calculate an itemised breakdown of the costs incurred for each case, instead we take the overall cost of administering the recovery of the debt to liability order stage and apply an equal portion of these costs to each case.
We have calculated the level of costs by identifying the cost of staff time within Revenues and Benefits Service administering an account to liability order stage, together with other costs such as printing, postage and IT.
The costs are calculated based on an estimate of the total number of summons and liability orders that will be issued in a year rather than by the number of cases to be heard at each court hearing as this would result in a higher level of costs being applied for at hearings with a lower number of cases.
A breakdown of the calculation can be requested by emailing hdc-recovery@milton-keynes.gov.uk
The Council can issue an Attachment of Earnings Order without having to go back to Court. The Liability Order allows the Council to do this. The amount of the deductions are not set by the Council but by the Government that provides a table of percentage deductions from your net income.
The Council can apply for deductions to be made from someone’s income support, jobseekers allowance, pension credit and universal credit.
Enforcement Agents are employed to distrain upon and remove goods for sale where appropriate. If the Council instructs the Enforcement Agent, it will cost you significant extra charges, contacting them early is important to minimise these charges.
ENFORCEMENT AGENTS CHARGES
Compliance Stage - £75
Fee is incurred by the debtor when the Council instructs the Enforcement Agents to collect your outstanding debt.
- Enforcement Stage - £235
Fee is incurred by the debtor upon the first visit by the Enforcement Agent.
- Sale/Disposal Stage - £110
Fee is incurred by the debtor upon a further visit with the intention to remove goods for sale.
Please note an additional fee of 7.5% will be charged on any balance over £1,500.
Marston contact details:
Online payments
To pay online, please go to https://payments.marstonholdings.co.uk
Automated payment line
To pay through our 24-hour automated payment line, phone 0333 320 1100.
Contact us by phone
To speak to one of our team to make a payment, or to discuss your circumstances, phone 0333 320 1822. Our opening hours are 8am to 8pm Monday to Friday, 8am to 4pm on Saturdays.
Contact us by email
If you haven't found the answer you are looking for on the Marston Holdings website, please email us at generalenquiries@marstonholdings.co.uk.
Contact us by post
It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:
Marston
PO Box 12019
Epping
CM16 9EB
To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Marston’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.
Bristow and Sutor contact details:
Online payments
To pay online, please go to www.bristowsutor.co.uk/pay
Automated payment line
To pay through our 24-hour automated payment line, phone 0330 390 2010.
Via the website
https://www.bristowsutor.co.uk/
Contact us by phone
To speak to one of our team to make a payment, or to discuss your circumstances, phone 0330 390 2010. Our opening hours are 8am to 8pm Monday to Friday, 8am to 1pm on Saturday to Sunday.
Contact us by post
It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:
Bristow & Sutor
Bartleet Road
Redditch
Worcestershire
B98 0FL
To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Bristow & Sutor’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.
The Council wishes to avoid committal wherever possible, but has a strict policy of taking such proceedings where no other form of recovery is appropriate. In the first instance the Council will apply for a summons for you to attend Court. This action will lead to substantial costs being added to your debt.
You must attend this hearing. If you do not attend, a warrant will be issued for your arrest.
At the hearing, the Council will apply for you to be committed to prison for non-payment.
You will undergo an enquiry as to your means. If the Magistrates find you guilty of either Culpable Neglect (you did not pay and it is deemed to be your fault) or Wilful Refusal (you intentionally chose not to pay) they can choose to commit you to prison or to suspend committal on an order for payments. The maximum sentence for each Liability Order is 3 months imprisonment. It is strongly recommended that you take legal advice in advance of the hearing.
Bankruptcy
If a Liability Order has been granted and the total indebtedness to the Council is over £1,500 the Council can petition for your bankruptcy.
Should you be made bankrupt your personal finances will be handed over to a Trustee who will administer your estate.
Your assets can include any interest in any home you own, personal pension, endowments and savings plans.
It will inhibit your ability to obtain credit. The costs of obtaining a Bankruptcy Order and the subsequent actions of a Trustee can amount to several thousands of pounds.
These costs would be deducted from the proceeds of your liquidated assets.
A Bankruptcy Order can still be made even if you refuse to acknowledge the proceedings. You should therefore ensure that you do acknowledge any such proceedings and contact the Council immediately.
Wilkin Chapman Solicitors contact details:
All enquiries should be directed through Wilkin Chapman’s website: https://www.wilkinchapman.co.uk/
Charging Order
If a Liability Order has been granted and the total indebtedness to the Council has over £1,000 outstanding under Liability Order(s) and the Council Tax payer has a legal interest in the property, we may apply to the County Court for a charging order on the property.
The effect of a charging order is that if the property or other legal interest is sold, the amount of the charging order is paid out of the proceeds.
Wilkin Chapman Solicitors contact details:
All enquiries should be directed through Wilkin Chapman’s website: https://www.wilkinchapman.co.uk/
If you are having difficulty paying your Council Tax at any time, please contact us for advice as soon as possible at hdc-recovery@milton-keynes.gov.uk or by telephoning 0808 164 8610.
Further advice and details of support that is available can be found on our managing your money and debt advice page