Problems paying your bill

Problems paying your bill

If you are having problems paying your council tax bill, always let us know as soon as possible by filling in the form above with details of your situation. If you don't let us know that you are having difficulty making regular payments, you may be charged further costs.  We may be able to come to an arrangement that you can afford.

Changing your payment date

You can arrange with us to pay your council tax in weekly or fortnightly instalments for the current financial year. If you set up a Direct Debit you can pay on 1st, 15th or 23rd of the month.

Reminder notice

We are only required to send you one reminder notice in a financial year. If you pay late again you may be sent a final notice and lose your right to pay by instalments.

Final notice

If you receive a final notice you must pay the full amount. If you are unable to pay in full you must contact us straight away so we can help you.
If you don't pay or contact us, we will issue a court summons.

Summons

A council tax summons notice is a legal document that informs you that you have not paid your council tax and that you are being taken to court for non-payment.  Costs of £95 for council tax are added at this point.

The notice will tell you how much council tax you owe, the period it covers, the date of the court hearing, and the costs you will have to pay if the court grants a liability order against you.
If you receive a summons it will include a covering letter asking you to contact us if you wish to go to court. In most cases, you can avoid going to court by:

• Paying the full debt including the costs before the hearing date. You can pay by debit or credit card using our 24 hour payment line 01424 451081. You will need your card details and your nine digit billing reference number, which is shown on your bill and/ or notice;
• To make an arrangement with us, call 01424 451081;
• If you have any issues regarding your summons you can arrange a telephone interview;
• Make payments against the arrangement set up on your summons.

Alternatively, pay the full debt including the costs before the hearing date online you will need your card details and your nine-digit billing reference number, which is shown on your bill and/ or notice.

If you wish to attend court, you must book a slot with Hastings Borough Council. You will not be allowed entry to the court house unless arranged by the council and agreed by the court.
Everyone has the right to appear before the court in person if they choose, but few do so. This is because the magistrates cannot check whether you:

• have been billed for the correct period;
• should have had an exemption or discount;
• can afford to pay;
• have been given the right amount of benefit or council tax support;
• have a liability dispute - if you have a liability dispute you must contact the council.

At the court hearing, we will apply for a Liability Order which will give us powers to collect the money you owe. You will incur a cost of £5 when we obtain the Liability Order, bringing the total in fees to £100.

A liability order is a court order that gives the council the power to take further action to recover the debt, such as sending enforcement agents, deducting money from your wages or benefits, or applying for your bankruptcy and charging orders.
You may be able to challenge the summons if you think it is incorrect or unfair. For example, if you have already paid your council tax, or if the council has not followed the proper procedure.
You can also apply for Council Tax Reduction if you are on a low income or have a disability. This may reduce the amount of council tax you have to pay or cancel it altogether.
If you need help with dealing with your council tax summons notice, you can contact a local advice service, such as Citizens Advice, Step Change. They can offer you free and confidential advice on your rights and options.

Attachment of earnings

An attachment of earnings is a legal order that allows a council to deduct money directly from a person's salary or benefits to recover unpaid council tax.
The council can apply for an attachment of earnings order if a liability order has been obtained and the debt remains outstanding.
The council will send a notice to the person's employer instructing them to deduct a certain amount from the person's income every pay period until the debt is cleared.
The amount deducted depends on the person's income.  The deduction rate is based on a percentage of the person's net earnings (after tax and national insurance). The percentage ranges from 3% to 17%, depending on the income level and may be higher depending on the level of earnings.  Two orders can be set up at one time.
The employer will send the deducted money to the council and provide a statement to the person showing the amount and date of each deduction.

Attachments of benefits

An attachment of benefits order is sent to the DWP to deduct money directly from a person's benefits to recover unpaid council tax.
Deductions can be made from Universal Credit, Job Seekers Allowance (Income Based), Income Support, Employment Support Allowance and Pension Credit Guarantee Credit.

Enforcement agents

Enforcement agents are authorised by the local authority to collect unpaid council tax or business rates from debtors.
Hastings Borough Council employ the following Enforcement agents:

Marston Recovery
Address: PO Box 324, Rossendale, BB4 0GE
Phone: 0333 320 1780

Visit their website 

Enforcement agents must follow the Taking Control of Goods Regulations 2013 and the Taking Control of Goods (Fees) Regulations 2014 when carrying out their duties.
Enforcement agents can charge fees for different stages of the enforcement process, such as compliance stage, enforcement stage and sale or disposal stage:
Enforcement fees

• Compliance stage £75
• Enforcement stage (debt is less than or equal to
• Enforcement stage (debt is more than £1500) £235 + 7.5% of the debt value above £1500

Where goods have been removed, there will be additional sums due for storage, auctioneers, and other expenses. These fees are due from the debtor.

Enforcement agents:

• Have the power to take control of a debtor's goods and sell them to recover the debt unless the goods are exempt or protected by law.
• Can enter a debtor's property peacefully and with the debtor's consent, or through an unlocked door or gate. They cannot use force or violence to gain entry.
• Must provide the debtor with a notice of enforcement at least seven days before taking control of their goods. The notice must include details of the debt, the fees, the deadline for payment and the consequences of non-payment.
• Must also provide the debtor with a receipt for any payment made, an inventory of the goods taken into control, a notice of sale and a notice of abandonment if applicable.
• Must act fairly, reasonably, and professionally towards the debtor and respect their privacy and dignity. They must not harass, threaten, or mislead the debtor or anyone else involved in the enforcement process.

Charging Orders

The creditor can apply to the court for an order that secures the debt against the debtor's property, such as their home or land. This means that if the debtor sells or remortgages their property, they will have to pay off the debt from the proceeds.

Bankruptcy

The legal basis for making a debtor who owes council tax or business rates bankrupt is the Insolvency Act 1986, which allows a creditor to petition for a bankruptcy order against a debtor who owes more than £5,000 and has failed to pay or arrange to pay within 21 days of receiving a statutory demand.

A statutory demand is a formal notice that requires the debtor to pay the debt or propose a repayment plan within 21 days, or face bankruptcy proceedings. The creditor can issue a statutory demand after obtaining a liability order from the magistrates' court, which confirms that the debtor owes council tax and has not paid it.

A bankruptcy order is a court order that declares the debtor insolvent and transfers their assets and property to a trustee, who will sell them and distribute the proceeds to the creditors. The debtor will also have to follow certain restrictions and obligations, such as disclosing their financial affairs, not obtaining credit without permission, and not acting as a director of a company.

Bankruptcy can have serious consequences for the debtor, such as losing their home, affecting their credit rating, and limiting their employment opportunities. Therefore, it is usually used as a last resort by the creditor, after exhausting other enforcement methods such as attachment of earnings, enforcement agents, or charging orders.

Where the debtor is a limited company, a similar process is followed to wind the company up.