e mail allowed in defense of claim ?
e mail allowed in defense of claim ?
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scs1

Original Poster:

339 posts

214 months

Saturday 11th October 2014
quotequote all
Not really a business question , more a point of law, but hopefully someone can help.
I put my rental flat on the market (flat was vacant) and informed the local council by email via the link on their website that I would be liable for the council tax until the flat was sold. I had no acknowledgment but presumed because the e mail did nt come back that it had arrived in their office.
In this e mail I gave them a correspondence address and a contact phone number,
After three months I sent them another e mail to inform them that the flat had been sold and requested an invoice so I could settle my account.
A week later I returned from holiday to find that I had been served with a warrant for the outstanding council tax.
It appeared that the council had been sending demands to the vacant flat.
I was able to stop the matter going to court by paying the debt collectors the amount owing plus their fees ,which amounted to £300.
I appealed to the council and sent them copies of the e mails which are still on my computer. My appeal was rejected.
Before I consider taking this matter to the small claims court, does anyone have any knowledge if my e mails would be accepted as evidence in court.

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Simpo Two

93,061 posts

296 months

Saturday 11th October 2014
quotequote all
When I was in court, e-mails were used as evidence, yes. But there was a trail of correspondence. An unanswered e-mail may not count... always go to Signed For post to be sure. And maybe you should have checked the vacant flat for post?

Martin4x4

6,506 posts

163 months

Saturday 11th October 2014
quotequote all

You've already lost, you lost when you paid the debt collector.

You should have told them to ps off and gone directly to the council offices with your evidence.

Chrisgr31

14,295 posts

286 months

Sunday 12th October 2014
quotequote all
I assume that this is in Scotland as the debt collectors were out before it went to Court?

Certainly we used email in a magistrate court hearing I was involved in last year so it can be used. I wonder if there is an Ombudsman or official complaints procedure that would be better used here.