External services

What happens if I don't pay?

If you find that you are having difficulty keeping up with your payments, please call us as soon as you get into arrears.  We understand that sometimes, paying late can be for a reason. Call us now on 0115 907 1000 and we will try our best to help you if we can.

Perhaps you are eligible to claim benefit?  Visit our Benefits Section page on the website.

Reminder Notice

If you do not pay an instalment when it falls due, we will send you a reminder notice.  You must make sure you make the requested payment immediately. If we do not receive the payment within seven days of the date of the reminder, you will lose your right to pay by instalments and you will be required to pay the entire year's bill in full within a further seven days, or a summons will be issued.

Second Reminder

If, after receiving a reminder and then paying off that instalment within seven days, you then fall into arrears on another instalment, you will be sent a Second Reminder Notice. This will be your final chance, as no further reminders will be issued.  If you fail to pay the amount due within seven days, you will lose the right to pay by instalments and you will be required to pay the entire year's bill in full within a further seven days, or a summons will be issued.

Final Notice

If, after receiving two reminders and paying off the instalments as requested, you fall into arrears for a third time, a Final Notice will be issued, demanding the entire balance for the year to be paid in full.   You have already lost your right to pay by instalments and if the entire year's balance is not paid within seven days, a summons will be issued, even if your statutory instalments have been brought up to date.

Summons

If you receive any of the above notices and fail to make the payment demanded, the Council will apply to the local Magistrates' Court for a Summons to be issued against you. The issue of a Summons will also result in you incurring additional costs, which will be added to your account when the Summons is issued and must be paid in addition to the outstanding balance of your Council Tax.

If you have any queries regarding the Summons, or wish to discuss a way to pay the Summons please contact us immediately on 0115 907 1000

Liability Order

Failure to pay the balance demanded in full before the Court hearing date stated on the summons, will result in the Council making an application to the Court for a Liability Order.  A Liability Order gives Erewash Borough Council the authority to take further enforcement action to recover the arrears.  The types of action that are available are to instruct Bailiffs to collect the debt, to make deductions from income, to commence insolvency proceedings, to apply for a charge against a property or imprisonment for up to 90 days.

After a Liability Order has been granted, a notice will be issued requiring you to supply financial information. You must complete and return it within 14 days. If you do not, the law states that it is an offence punishable by a fine. The Council will not make an arrangement without this information. Further time to pay the arrears can be agreed if it is an amount that you can afford and will clear the arrears over a realistic timescale.

Arrangements

If an arrangement is made and is adhered to, the Council will not take any further action, however, one of the conditions of an arrangement may be that a Liability Order has to be granted, to protect the Council's interest in the debt.

If a Liability Order has been granted, the law allows Erewash Borough Council to take various forms of further recovery action,including:

Bailiff Action

Bailiffs are employed to seize and remove goods for sale where appropriate. If Erewash Borough Council instructs the Bailiffs, substantial extra costs may be incurred.  Bailiff fees are set by Government legislation and by contacting the Bailiffs early, it may be possible for you to minimise these charges.

The contact details for the Bailiffs are:

Attachment of Earnings Orders

The Council can issue Orders instructing employers to make deductions directly from your pay. The deductions are calculated as a percentage of net income.

Attachment of Benefit

Applications can be made to the Department for Work and Pensions for deductions from Income Support, Income Based Job Seekers Allowance, Employment Support Allowance or Pension Credits.

Insolvency

If a Liability Order has been granted for over £750, the Council can petition for your bankruptcy. You will be served with a Statutory Demand giving you 21 days to clear the debt in full. If the debt is not cleared you could be made bankrupt. Being made bankrupt is a serious matter.  It will inhibit your ability to obtain credit, you will have to give up any assets/possessions of value and your interest in your home and your personal finances will be handed to a trustee, who will administer your estate. The costs of obtaining and administering a Bankruptcy Order can also amount to several thousands of pounds which you will be liable for.

Charging Order

If Liability Orders have been granted for over £1000 and you have a legal interest in a property, the Council can apply for a Charging Order against the property. The Council can then apply for the property to be sold to pay the debt. If this action is taken, substantial extra costs will be incurred.

Committal to Prison

The Council can apply, where appropriate, for Committal to Prison for up to 90 days and this will result in extra costs. If you receive a summons for a Committal to Prison hearing you must attend the Magistrates' Court. If you do not attend, a Warrant will be issued for your arrest.

Contact Telephone Numbers

If you have received a Reminder, Final Notice, Summons or Liability Order and are unable to pay as demanded please contact Erewash Borough Council on:

Switchboard: 0115 907 2244

Direct Dial: 0115 907 1000
E-mail: Recovery@erewash.gov.uk

The offices are open Monday to Friday between 8.30am - 5.00pm (4.30pm Fridays). If we are unable to take your call out of office hours you may leave a message and we will call you back as soon as possible.

Are you losing out?

Erewash Borough Council has dedicated staff that can advise customers and ensure they are in receipt of relevant Benefits, to contact our Benefit Advisors please Telephone 0115 907 1010 or E-mail: Benefits@erewash.gov.uk

Advice

If you are experiencing difficulties paying any debts, the Council recommends that you contact the Citizens Advice Bureau (CAB) on 0844 375 2712 for independent and free advice. Drop in services are available within the Erewash Borough area - please contact the CAB for further details.

For other advice agencies please see the "useful links" page of this website.

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©2011 Erewash Borough Council.