The Collection Process

The Bill

The Council issues a bill to all households in March at the start of each financial year. The bill shows how much you have to pay each month - there are usually ten monthly instalments running from 1st April to 1st January. The service of this bill (or demand) places a duty on the person named on the bill to pay as notified.

Where your circumstances change or you move house during the financial year, you should let the Council know straight away so that your bill can be adjusted accordingly.

The bill will show how the charge is made including elements for precepting authorities / organisations e.g. the fire brigade. It will also show any discounts / exemptions or benefits you have applied for and the Council believes you are entitled to.

The Reminder

Where an instalment has not been paid on time the Council may issue a reminder notice. The unpaid instalment should be paid within 7 days of the date of the reminder notice. If it is not paid within the seven days, the Council may then issue a summons.

If the unpaid instalment is paid within 7 days of the date of the reminder then there is no further action at that time.

If another instalment is not paid on time then a second reminder may be issued and if the unpaid instalment is not paid within seven days of the date of the reminder then the Council may issue a summons.

The Council is obliged by law to issue up to two reminders for any one financial year or aggregated financial years. If there is a further failure to pay an instalment on time then a summons may issued.

The Summons

This is sent when there have been no payments, where the Council has issued one or more reminders and instalments have not been paid within seven days of the date of the reminder, or where two reminders have been issued and a further instalment has not been paid.

The Council applies to the Court for a summons with costs. The whole balance is then due to be paid prior to the Court hearing (including costs). Please note that where a payment is received after the issue of a summons then the payment will be allocated against the court costs first.

The summons is sent to an individual or persons, the Council believes owes Council Tax. The summons will be directed to the person's sole/main residence or their last known address. It is deemed to have been served on the person/s named in the summons, in the normal course of the post, unless it is proved that it has not been served.

You are not required to attend Court but may do so if you wish - contact the Malvern Customer Service Centre if you would like to discuss the summons or how you should pay the Council Tax.

Arrangement may be agreed but the Council will secure the debt by obtaining a Liability Order from the Magistrate's Court.

A summons issued to a business may be served by being sent to the registered office.

The Liability Order

A Liability Order is granted by the Magistrate's Court and confirms that a person named in the Order is liable to pay Council Tax for the property named in the Order and for the period of time referred to.

A Liability Order gives the Council certain powers which include the ability to:

• Request financial information
• Request deductions from Income Support or Jobseeker's Allowance
• Tell employers to make regular payments to the Council from earnings
• Pass council tax accounts to the bailiffs (civil enforcement agents)
• Apply to the Court for Bankruptcy orders
• Apply for a Charging Order against a property and apply for the sale of the property
• Apply for non-payers to be sent to prison

Neither the Council nor the Court will issue a copy of a Liability Order automatically although they can be made available for inspection upon request.

About Liability to Pay

You may also appeal if you consider that you are not liable to pay Council Tax, for example, because you are not the resident or owner, or because your property is exempt, or because your bill has been incorrectly calculated. If you wish to appeal on these grounds you just notify the Council in writing and we will review the situation. (See Contact details below.)

Making an appeal does not allow you to withhold payment of tax due in the meantime. If your appeal is successful you will be entitled to a refund of any overpaid tax.

If you make an appeal and you are not satisfied with our response (or you are not notified of our decision within two months of making your appeal), you can then appeal to a Valuation Tribunal or contact the Listings Officer (valuation appeals only). You can get further details from:

The Tribunal Office
Graveney House
Farrier Street
Worcester
WR1 3BH

Telephone: 01905 23720

Bailiffs (Civil Enforcement Agents)

Bailiffs are authorised with a certificate from the County Court. They are instructed to collect both Council Tax and Business Rates by the Council and act under a formal code of conduct. They make visits to properties to collect the unpaid Council Tax or Business Rates. They can accept payments in a wide range of forms including cash, bankers draft, credit cards etc. Where they do not receive payment they can remove goods which can be sold at public auction.

They can in certain circumstances take possession of goods but leave them on the premises while an arrangement is agreed and paid.

The Council instructs a company called Bristow & Sutor who can be contacted as follows:

Bankruptcy

Councils are increasingly having to utilise this method of collecting unpaid Council Tax. Through this process, in the County Court or High Court, the Official Receiver or a Trustee in Bankruptcy will seek to sell assets of a person declared bankrupt, inheriting their home, to pay all those to whom they owe money.

There are ongoing amendments to the insolvency law governing bankruptcy but the effect of being made bankrupt may be to seriously affect a bankrupt person's ability to gain credit, secure employment or run a business.

Charging Order

This is a Court Order which allows the Council to record a Charge to a person's premises with Land Registry. The Charge will allow the debt to be taken from the proceeds of the sale of the property.

The Council can apply to the Court to allow the sale of the property. The property can then be sold at auction. Although the Court will indicate that the property should not be sold for less than a reserve price is no guarantee that a full market price will be achieved.

Payment

You can get advice from and take your payment to:

OR you can pay via the Internet or telephone using SWITCH, SOLO, DELTA or VISA Debit Cards
For telephone payments ring 01684 575462. (These methods of payment are available 24 hours a day.)

OR you can post payments (and any correspondence) to:

Revenues Services
The Council House
Avenue Road
Malvern
WR14 3AF

Cheques (please write your name, address and Council Tax / Business Rates reference on the back) , Postal Orders etc. should be crossed and made payable to: Malvern Hills District Council.

IF YOU WOULD LIKE A RECEIPT YOU SHOULD SEND YOUR BILL WITH THE PAYMENT.

OR Standing Order. If you would like to pay by standing order please instruct your bank or building society to make payments on or before the instalment dates on your bill. The standing order (quoting your Council Tax or Business Rates account number) should be set up in favour of:

Malvern Hills District Council, HSBC, Worcester Road Malvern
Sort Code: 40-47-17    A/C 02292777

OR Post Office Transcash Payments. These may be made at any post office by paying the appropriate fee and completing a transcash form.

Credit MHDC Account Number 4010221.

Please quote your Council Tax or Business Rates account number on the reverse. If you are paying for more than one account please quote each account number and the amounts you wish to pay for each account.

PLEASE ALLOW SEVEN WORKING DAYS FOR YOUR PAYMENT TO REACH US.

OR Direct Debit. There is an easier way to pay your bill - Direct Debit. It is secure, no more visits to payment offices, writing cheques or paying postage. Let your bank or building society do the work for you. A direct debit mandate accompanies your annual bill.