75593-46AN ACCOUNTANT who is being taken to court for unpaid council tax says that he will not pay up until the council reimburse the money he says they owe him.

Steve Byrne, 40, of Taw Hill, claims that the council is bullying him and making him feel like a criminal.

He said: "It's not fair that they can bully me when it's them that owed me money in the first place."

Mr Byrne, who works as an accountant for the National Health Service in Cirencester, has been summoned to appear before Swindon Magistrates' Court on January 24 after he stopped paying council tax in November and Decem-ber last year.

The amount he owes is now £415 plus £35 costs. But he says he only stopped paying because the council was taking so long to give him money it owed him in housing benefit.

Mr Byrne said: "I'm not a criminal. As soon as they pay my housing benefit I will pay my council tax.

"On the one hand they want to take me to court and on the other they are withholding my money. It's infuriating."

Mr Byrne is owed housing benefit from July 2004.

Until then he had been working as an accounting lecturer at Swindon College when he was made redundant.

He said: "I had no income at the time. I'm not a regular claimer but the system is there to help people through temporary periods of unemployment. But at a time when I needed it the help was not there."

My Byrne does not know the exact amount of housing benefit he is owed but says that it is in the region of £300 to £400.

He said: "I'm annoyed because the same organisation that is taking me to court owes me money and I'm powerless. I can't add £35 costs every time I write them a letter. It's the principle. They're making me feel like a criminal.

"I'm having to take time off work to attend a court hearing where I face a potential fine of £1,000. It's frightening. I don't deserve that.

"Up until November last year my council tax payments had always been in order. Apart from this my record is perfect."

Hellen Barnes from Swindon council said: "We have looked into this matter and the first corres-pondence with this individual was received on July 22, 2004.

"Due to the claimant's change in circumstances, there has been a small underpayment and this is being rectified."

But she added the money the council owes him was unlikely to have any bearing on his summons to court.