Councils
are unlawfully collecting penalties from debtors settling their
accounts prior to any court action. This procedure is not in accordance
with Regulation 34(5) of the Council Tax Regulations, which requires
that the authority shall not proceed with the application if the
aggregate of the outstanding debt and costs reasonably incurred by the
authority is paid or tendered to it.
Essentially authorities
are not lawfully permitted to charge debtors the liability order costs
detailed in Regulation 34(7)(b) in such circumstances, however, by
charging these costs prematurely at the summons stage, they are doing
exactly this.
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