Wealden District Council

Council Tax: Failing to Pay

The Council have a duty to collect all outstanding council tax and legislation contained in the Local Government Finance Act 1992 allows us to take certain steps to recover outstanding sums.

You are legally entitled to pay your council tax by instalments and your most recent bill will show the due dates and amounts.  Options of when to pay Council Tax.

If you miss an instalment(s) or you pay less than the amount due you will begin to receive a series of notices which are described as follows;

First Reminder

This notice reminds you that you have failed to pay a due instalment(s) or you have paid less than an amount due. You may also have a balance outstanding from a previous year.

Action Point - You should comply by making the payments specified within the time scale as shown on the notice. If you are unable to do this you should pay as much as you can and contact us as soon as possible. Where your payments remain in default you may receive a final notice.

Second Reminder

This notice reminds you that, after complying with a first reminder you have again failed to pay a due instalment(s) or you have paid less than an amount due.

Action Point - You should comply by making the payments specified within the time scale as shown on the notice.  If you are unable to do this you should pay as much as you can and contact us as soon as possible.  Where your payments remain in default you may receive a final notice.

Final Notice

Should you fail to comply with a first or second reminder, or for a third time you fail to pay a due instalment(s) or you have paid less than an amount due you may receive a final notice.

A final notice demands payment of the balance remaining for a particular year as you have lost the right to pay by instalments.

Action Point - You should comply by making the payment demanded in the time scale shown on the notice. If you are unable to do this you should pay as much as you can and contact us as soon as possible. Where you fail to comply with a final notice you may receive a Magistrates court summons.

Magistrates Court Summons

Prior to issuing a summons the council will have informed the court of your non-payment. The court will agree to hear the case and you will be summonsed accordingly.

The purpose of the court hearing is for the Magistrates to establish whether the sum is due and that it has not been paid, a liability order will then be granted. The costs of preparing and issuing a summons and holding the hearing will be added to your account.

If your council tax account remains outstanding and the council hold a liability order follow this link for information about the enforcement options available: Collecting Arrears: After the Magistrates Court