Court Instalment Order – multiple assessments

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  • #19074
    Ann Crowe
    Participant

      Cessnock City

      Hello RPs,
      Council took legal action against a ratepayer for overdue rates on three assessments. Following the SLC which comprised the rates and water overdue on all three assessments, a Court Instalment Order was eventually made for (a hopelessly inadequate) $150 per week. The ratepayer set up weekly electronic payments via Macquarie Banks DEFT payment system of $150 to ONLY ONE of the assessments. The amount paid so far now surpasses the amount claimed on the SLC for that one assessment, but no payments have been directed to the other two assessments. As the ratepayer is using the unique payment reference number to direct his payments to one specific assessment, I don’t believe Council can transfer those payments across to another assessment without the ratepayer’s authority. Technically, he is complying with the CIO. I’ve asked our debt recovery agency to write to the ratepayer to clarify the situation, but he is a bit of a “phantom” and I very much doubt he will respond. Is there anything else I can consider if no response is forthcoming from the ratepayer?
      Thanks, Ann

      #19075
      John Towers
      Participant

        Life Member

        Hi Ann,

        If the judgement was given for an amount which covered several assessments & the Court Order for Instalments was for the judgement then Council needs to ensure that the payments are apportioned across all relevant accounts on a proportional basis. Whilst this may take time & resources there is no other way, apart from getting the customer to pay to each account.

        JT

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