Worthing Borough Council

What happens if I don't Pay?

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Lines open 9am to 5pm - Monday to Friday
Council Tax and Business Rates: 01903 221061
Housing and Council Tax Benefit: 01903 221062

revsbens@worthing.gov.uk

Remember that paying by direct debit ensures that your payments are made on time every month. Please note that instructions will not be accepted and processed unless your account is up to date.

If the account is not paid the following actions will be taken:

• A first reminder
• A second reminder in certain circumstances
• A final notice in certain circumstances
• A Court Summons
• A Liability Order

First reminder

If payment is not received you will initially be issued with a first reminder, which gives seven days in which you must bring your account up to date by the amount specified in the notice. If you do this and pay all future instalments on time then no further action should be taken. If you fail to pay anything after this first reminder you will not receive any further notices, and a Court Summons will be issued.

Second reminder

If you pay the amount outstanding in the first reminder notice but at a later date fail to pay on time again, you will be issued with a second reminder notice. This notice again gives seven days to bring your account up to date by the amount specified in the notice. If you fail to pay within the seven days recovery action will be taken. If you do pay the sum outstanding and pay all future payments on time then no further action will be taken.

Final notice

If you pay the amount outstanding on either the first or second reminder, but your instalment payments fall behind for a third time you will be issued with a Final Notice, at which point you lose your right to pay by the statutory instalments and the full balance of the account must be paid within seven days. If you settle the account within seven days no further action should be taken.

Court Summons

If you fail to pay in accordance with the reminder or final notice, a Court Summons will be issued at which point costs are incurred. You will be given notice that you are to appear at Magistrates Court, on the date given in the Summons. If you pay the full amount and the costs prior to the hearing no further action will be taken.

If you receive a summons and cannot pay in full, contact Revenues and Benefits immediately.

When a summons is issued, you do not need to attend court unless you are disputing your liability.

Liability Order

If the matter goes to Court the Council will apply for a Liability Order to be granted at which point further Court Costs are incurred. The Liability Order means that we can collect the money by various methods including:

• Deductions direct from your earnings
• Deductions from your state benefits
• Commencing insolvency proceedings through the County Court for your personal bankruptcy or corporate liquidation
• Instructing bailiffs to collect the debt by removing and selling some of your possessions. This will result in you having to pay additional fees
• Applying to the County Court for a charging order on your property that enables us to force its sale or repay your Council Tax out of the proceeds of any future sale. This will also result in you paying additional fees

It is important that payments are received promptly, in accordance with the bill, as failure to make the payments may adversely affect the Council's finances and cost you additional Court charges.

Ultimately, we may take committal action against those who still fail to pay. The Magistrates may pass a custodial sentence on defaulters if warranted.

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