Debt and Recovery Procedures

Council Tax - when is it due?

Council Tax is a yearly charge which we normally ask you to pay in 10 instalments, beginning in April. We will give you 14 days notice before the instalments are due to begin. When you receive your first Council Tax bill you will see printed on it the monthly instalment date together with the amounts you need to pay in order to clear the bill in the year.

What if I do not pay on time?

If you do not pay an instalment on time the Council will give you a few more days to pay, after which a reminder will be sent.

If you pay the arrears on the reminder within 7 days, your instalment arrangement will continue. If you ignore this reminder a summons will be issued without further notice. Please try to pay before you get a reminder because under the rules for Council Tax you are only allowed two reminders in any one financial year.

If you had two reminders

After you have been sent two reminders in one year no further reminders will be sent in that year. If you receive two reminders and pay the balance on each one within seven days and then fail to pay a subsequent instalment on time, you will receive a final notice.

A final notice means that you have lost the right to pay by instalments. The final notice asks you to pay all the Council Tax for the whole year. However, if you then bring your account up-to-date and make an arrangement with the Recovery Section to continue monthly instalments on time, a summons will not be issued. Please note that no further reminders will be sent, but if you fall behind again, a summons could be issued without further notice.

If you get a summons

If you do not 'catch up' and keep up-to-date then you will be sent a court summons. If a summons is issued you will be required to pay additional court costs of at least £60.

If it goes to Court

If you do not pay the balance including costs as shown on the summons before the court hearing, the matter will be taken to the Magistrates' Court and we will apply for a liability order, which enables us to recover the money in a variety of ways. If a liability order is granted the Council may still come to a payment arrangement but you must keep to any agreement you make. To make an agreement you should contact the Recovery Section (01263) 516230. If no arrangement is made the options for recovery of the debt are:

Attachment of Income Support/Job Seekers Allowance (if applicable).

This means that if you are on Income Support or Job Seekers Allowance the Council can get the Department of Work and Pensions (DWP) to deduct a certain regular sum to pay off your debt.

Attachment of earnings (if applicable).

This means that if you are in work, we can ask your employer to deduct a certain regular amount from your wages or salary to pay off the debt. For more information on attachment of earnings, download the government guide 'Attachment Orders - a Guide for Employers' (PDF 771Kb)

Use of Bailiffs.

Bailiffs will themselves endeavour to make payment arrangements with you, obtain information if you are in employment or on Income Support, or remove goods in certain cases to the value of the debt.

What about Bailiffs?

The bailiffs employed by this Council all work to an agreed code of practice which is available on request. If a bailiff calls on you, and you have not paid or are unable to pay in full, including their fees you may still be able to make an arrangement to clear the debt, but this is at the discretion of the baliff. The bailiff may also ask you to complete a form which will give information about your employer and the benefits you get. The bailiff will ask to enter your home to make a list of goods and could then return later to remove and sell your goods. Should you fail to honour the agreement. At this stage further fees will be incurred for the removal of the goods, auctioneers fees and the cost of storage.

Prison - the last resort

If all the above options fail then a summons may be issued requiring you to attend a committal hearing in the Magistrates' Court. The Magistrates will carry out an examination of your conduct and means, and if they consider that the money should have been paid may issue a warrant of committal placing you in prison for up to three months. If however, the person owing the money makes an arrangement with the Council to clear the debt this course of action can be avoided providing the arrangement is kept to.

Other actions that the Council can take

• If the Magistrates give the Council a Liability Order to recover the debt this also gives the Council other options for recovery:
• Bankruptcy - if your cumulative debt with the Council is more than £750 proceedings may be started to make you bankrupt.
• Charging Order - If the balance of your Council Tax is more than £1,000 and you are the owner of the property a charge may be placed on your house which may mean you have to sell it to pay your debt to the Council.
• If a Magistrate grants the Council a Liability Order you are required by law to give details of your employment and any benefits you may get. If you do not give the Council this information they may issue you with a summons to appear before the Magistrates for not giving us the information. This is a criminal offence and can require you to pay additional Court costs of at least £60 and the Magistrate will fine you up to a maximum of £500. This offence can affect your credit rating.
• If you are issued with a summons for failing to supply this information complete the form which will be sent to you with the summons and return it to the Council immediately when no action in the Court will be taken.

What to think about at every stage

If you are having difficulty in paying there are three important messages to give you:

Talk to us early about making a sensible payment arrangement. We will always try to arrange payments to suit your circumstances, but we will not agree to any arrangements which leave you falling further behind into even more arrears.

If you live alone you should be getting a 25% discount. If you have a special room for a disabled family member we may be able to reduce your liability.

Discuss or check your financial position with our Benefits Section to see if you may be entitled to a reduction in your Council Tax bill. If you are on low income you may be entitled to Council Tax Benefit.

We can be contacted at:

North Norfolk District Council
Holt Road
Cromer
Norfolk
NR27 9EJ

Telephone (01263) 516230 for Recovery queries
Telephone (01263) 516071 for Council Tax registration
Telephone (01263) 513811 (and ask for Benefits) for Benefit queries

Independent advice

If you are having particular problems with paying this bill, or you have any other bills outstanding, then you may wish to seek independent advice. This is available, free of charge, from the Norfolk Money Advice Centre or Citizens Advice Bureau at one of the following addresses.

Fakenham
Citizens Advice Bureau
Oak Street
Fakenham
Telephone: (01328) 856040
Location map for Fakenham CAB

Holt
Citizens Advice Bureau
Portacabin
Kerridge Way
Holt
Telephone: (01263) 713849
Location map for Holt CAB

North Walsham
Citizens Advice Bureau
Council office Yard
New Road
North Walsham
Telephone: (01692) 492570
Location map for North Walsham CAB

Wells
Citizens Advice Bureau
The Sack House
Jicklings Yard
Wells-Next-The-Sea
Telephone: (01328) 711818
Location map for Wells CAB

Norwich
Norfolk Money Advice Centre
Unit 12
Capitol House
4-6 Heigham Street
Norwich
Telephone: (01603) 766918
Location Map for Norfolk Money Advice Centre

If you have any questions about this information, please contact the Council Tax Section on (01263) 516071, or write to the Council Tax Section, North Norfolk District Council, Council Offices, Holt Road, Cromer, Norfolk, NR27 9EN.