District Council secures bankruptcy order following persistent non-payment of council tax

Stratford-on-Avon District Council has successfully obtained a bankruptcy order against Mr P James from Banbury Road, Warwick after repeated failures to pay council tax, despite numerous reminders and legal notices.  

Payments on the account ceased after 31 March 2021, following a history of compliance. Despite reminder notices and a court summons being issued, no payments were made. Initial correspondence was returned, but further documents were hand-delivered to ensure receipt.

During the recovery process, the District Council received multiple letters asserting “Freeman of the Land” arguments, which were formally addressed.

Enforcement agents were instructed in line with legislation, but when the account was returned unpaid, the District Council had little alternative but to commence bankruptcy proceedings.

Even after a court hearing date was set, Mr P James continued to submit “Freeman of the Land” letters and Subject Access Requests. These were included in the evidence bundle presented to the court. The Judge ruled that there was “nothing of merit in stopping the bankruptcy order from being granted”, and the order was duly made.  

The bankruptcy order was granted in February this year, and recovery is ongoing for the sum of £5,707.21. Bankruptcy carries serious implications, including being recorded on the individual’s credit file.

Earlier this year, a separate contested bankruptcy case against Mr M Spriggs from Stratford-upon-Avon, also resulted in a ruling in the District Council’s favour for £6,535.75. In that case, the Judge confirmed that council tax is payable under an Act of Parliament and not subject to contractual consent, rejecting arguments that the process was unlawful.

Councillor Liz Coles, Housing and Customer Services Portfolio said: “As a District Council, we are committed to supporting residents who are experiencing financial difficulties and will always seek to agree fair payment arrangements wherever possible. Our support is there for those who genuinely need it.

“However, when individuals deliberately refuse or neglect to pay, we will take action to recover public funds. Council tax is essential for funding vital local services, and it is only fair that everyone contributes. Attempts to avoid payment using misleading arguments can ultimately affect our ability to deliver the services residents rely on.”

For more information on Freeman of the Land please visit: Freeman of the Land Council Tax Legality | Stratford-on-Avon District Council