Council Tax debt collection
Council Tax debt collection
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Discussion

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
Not sure what forum is best for this, so I will shoot.

Just had a letter drop through the door called a "liability order"

Is is refrencing my first flat in London that I shared with two others, it says I owe them £500 in council tax, and on 14thof July 2008 (!!!) tis thig was granted against me..

And basically it says I have 12 days to pay. Now I am not going to pay because :

a) I already have paid, and remember doing so on my credit card at the time
b) I moved out of the property In January (was leased untill July) and in this time I was making all the payments of rent etc asked of me.
c) New people quickly moved in.

So what can I do? I rember having this conversation with the council at the time, and I was skint so I put in on a CC, I cannot get that statement as they only go up to a year online.

What should I do?

Mojooo

13,291 posts

210 months

Saturday 2nd January 2010
quotequote all
You should be able to request you old statement from the bank (for a small fee) to prove you paid - but the bank will confirm t over the phone if you need.

Has it actually gone to court in your abscence? might be worth paying in order to stop further action and then reclaim it when you can show you are in the right?

SimonV8ster

13,010 posts

258 months

Saturday 2nd January 2010
quotequote all
Give 'em a ring and explain the situation - only thing you can do ?

Tell them you remember paying and it was by credit card. Can you contact the previous people you rented it from to get a letter off them ?

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
Its a virgin credit card, so I can try and ring them and get it on monday yeh.

My old landlord and I are not on great terms, and as ar as the councilare concerned its my problem and nothing to do with them..

The council office will re-open monday.

This is nearly 18 months after the event, thats what I do not get!

TVR1

5,478 posts

255 months

Saturday 2nd January 2010
quotequote all
okgo said:
Not sure what forum is best for this, so I will shoot.

Just had a letter drop through the door called a "liability order"

Is is refrencing my first flat in London that I shared with two others, it says I owe them £500 in council tax, and on 14thof July 2008 (!!!) tis thig was granted against me..

And basically it says I have 12 days to pay. Now I am not going to pay because :

a) I already have paid, and remember doing so on my credit card at the time
b) I moved out of the property In January (was leased untill July) and in this time I was making all the payments of rent etc asked of me.
c) New people quickly moved in.

So what can I do? I rember having this conversation with the council at the time, and I was skint so I put in on a CC, I cannot get that statement as they only go up to a year online.

What should I do?
Hey Okgo,

Might not be such good news I'm afraid....is the council saying that £500.00 is still outstanding or that there is £500.00 due for the time all of you where in the property and where you all registered at the property for council tax? Either way, if you where all registered for council tax IIRC there is joint and several liability therefore they can come after any one of you if there is an outstanding amount, even though you have paid your fair share. If you where the only one registered and they gave you cash as a contribution, then you will be liable also.

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
TVR1 said:
okgo said:
Not sure what forum is best for this, so I will shoot.

Just had a letter drop through the door called a "liability order"

Is is refrencing my first flat in London that I shared with two others, it says I owe them £500 in council tax, and on 14thof July 2008 (!!!) tis thig was granted against me..

And basically it says I have 12 days to pay. Now I am not going to pay because :

a) I already have paid, and remember doing so on my credit card at the time
b) I moved out of the property In January (was leased untill July) and in this time I was making all the payments of rent etc asked of me.
c) New people quickly moved in.

So what can I do? I rember having this conversation with the council at the time, and I was skint so I put in on a CC, I cannot get that statement as they only go up to a year online.

What should I do?
Hey Okgo,

Might not be such good news I'm afraid....is the council saying that £500.00 is still outstanding or that there is £500.00 due for the time all of you where in the property and where you all registered at the property for council tax? Either way, if you where all registered for council tax IIRC there is joint and several liability therefore they can come after any one of you if there is an outstanding amount, even though you have paid your fair share. If you where the only one registered and they gave you cash as a contribution, then you will be liable also.
The council is saying that there is £500 outstanding, it only had my name on the letter and it didn't mention which periods it was talking about..

It would have all been set up properly as my freinds parents owned the flat and he was one of the flatmates, I know theyhad their names on the council tax register too, it seems to have singled me out...

^Slider^

2,874 posts

279 months

Saturday 2nd January 2010
quotequote all
Did you pay the council tax for the period Jan to July?

You would be liable for the council tax from the period you vactated to the end of the lease unless new tennants were found and they then took over the council tax.

king arthur

7,889 posts

291 months

Saturday 2nd January 2010
quotequote all
Council tax is an absolute minefield where flat-sharing is concerned. You and your flatmates are jointly and severally liable for the council tax during the time you lived there, this means the council doesn't care who paid what where and when, they will just come after the easiest of you to track down, for the whole amount. If that's you, and you can't get the money from your ex flatmates, then you'll end up paying unfortunately.

It happened to me many years ago - shared a flat with two other guys and we all took on responsibility for various bills, me the phone bill which the others hardly ever paid their share of, and another the council tax, to whom I gave a cheque and the third guy gave cash. After we all moved out I discovered that only my cheque was ever paid in - the guy had scarpered having stolen the cash and never paid his share. Well guess who got hit with an attachment of earnings order for the outstanding bill? Yep, muggins here.

So if you're sharing a flat, be careful.

AngryApples

5,449 posts

295 months

Saturday 2nd January 2010
quotequote all
A note -

FIRSTLY, I have the sneaking suspicion there is a limited time they have to act on missed payments - though not 100% sure on this

If you are going to contest this (bear in mind until the council agree to take it back in house, the baliff will carry on pursuing you if he thinks he can gain from it), make sure you have ALL doors and windows closed at ALL times

Whilst the baliff issuing the warrant cannot break in, he can gain entry via an open window or door - once he does this, he can either take goods immediately for auction (from what I gather, this approach is very unlikely) OR issue a walking possesion agreement whereby he gives you X amount of time to pay

If you fail to pay in time, if he has already entered the property peacefully (via the aforementioned window/door) he can then return with a locksmith to gain entry and remove goods at ANY time (whether you are present or not)


What firm of Baliffs have issued the letter?

Be very careful about the fees that they have added, some of the Baliff firms knowingly break the rules - there are very strict rules surrounding what they can charge for visits

singlecoil

35,832 posts

276 months

Saturday 2nd January 2010
quotequote all
king arthur said:
So if you're sharing a flat, stop immediately and get a place on your own.
EFA

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
king arthur said:
Council tax is an absolute minefield where flat-sharing is concerned. You and your flatmates are jointly and severally liable for the council tax during the time you lived there, this means the council doesn't care who paid what where and when, they will just come after the easiest of you to track down, for the whole amount. If that's you, and you can't get the money from your ex flatmates, then you'll end up paying unfortunately.

It happened to me many years ago - shared a flat with two other guys and we all took on responsibility for various bills, me the phone bill which the others hardly ever paid their share of, and another the council tax, to whom I gave a cheque and the third guy gave cash. After we all moved out I discovered that only my cheque was ever paid in - the guy had scarpered having stolen the cash and never paid his share. Well guess who got hit with an attachment of earnings order for the outstanding bill? Yep, muggins here.

So if you're sharing a flat, be careful.
Hmm well his parents still own the flat, he thn moved round the corner, as did the other guy. So they are both still on the councils records.

It doesn't say what period, but yes, I remember feeling very pissed off when I paid for the period I wasn't there, but knew I had to doit..

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
AngryApples said:
A note -

FIRSTLY, I have the sneaking suspicion there is a limited time they have to act on missed payments - though not 100% sure on this

If you are going to contest this (bear in mind until the council agree to take it back in house, the baliff will carry on pursuing you if he thinks he can gain from it), make sure you have ALL doors and windows closed at ALL times

Whilst the baliff issuing the warrant cannot break in, he can gain entry via an open window or door - once he does this, he can either take goods immediately for auction (from what I gather, this approach is very unlikely) OR issue a walking possesion agreement whereby he gives you X amount of time to pay

If you fail to pay in time, if he has already entered the property peacefully (via the aforementioned window/door) he can then return with a locksmith to gain entry and remove goods at ANY time (whether you are present or not)


What firm of Baliffs have issued the letter?

Be very careful about the fees that they have added, some of the Baliff firms knowingly break the rules - there are very strict rules surrounding what they can charge for visits
Its issued by kingston council, not a baliff, it says I have 14 days to pay.

My flat is near impossible to get into if you don't have a key (2 locks, 3 bolts, hinge bolts), but I should add I share it too, so its not always only me here.

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
swerni said:
when you moved out, where did you go next?
and were you paying council tax in the new place for the period they are chasing you for?
I moved within the borough, yes I was paying it, and was on the voting system at that address, and my current, which is still within the borough.

Rollcage

11,345 posts

222 months

Saturday 2nd January 2010
quotequote all
A liability order is granted by Magistrates and makes you liable for the debt.

I would not have thought bailiffs will be involved at this stage, but they soon will be.

You need to contact the council and explain the situation to them on Monday and see what they have to say. if you paid the whole bill until the point at which you moved out, and can prove this, you should not have any problem. If the bailiffs are involved, my advice would be to ignore them and deal with the Council direct.

Let us know how you get on ,but it is difficult to give more advice until we know what the council have to say, and for exactly what periods they are trying to claim off you, and how this ties in with your tenancy.

from what you say, I wouldnt worry too much at this stage - it is not a CCJ or suchlike.

Puggit

49,813 posts

278 months

Saturday 2nd January 2010
quotequote all
You paid council tax by credit card - are you sure of this, because I've never known a council accept cc payments for council tax!?

fido

18,917 posts

285 months

Saturday 2nd January 2010
quotequote all
Ah, that council. I spoke to them on the phone last year ..

Me: You've charged me for extra month, why is that so?
Council Bod: According to our records, you have lived in that property from the DD MM 2009.
Me : No, i moved in the month after that, and i told you as such a week ago.
Council Bod: Well we have a letter from your agent as proof.
Me : No you haven't.
Council Bod: Ok, well we'll adjust your payment from the new date then.
Me : Thanks. {Nice Try}

  • - Yep, they do accept Credit Card, but you have to pay a surcharge.
Edited by fido on Saturday 2nd January 16:16

10 Pence Short

32,880 posts

247 months

Saturday 2nd January 2010
quotequote all
Also bear in mind non payment of council tax can lead to imprisonment and, being a civil offence, you will not be liable for early release schemes such as tagging.

Not that I'm trying to worry you!

okgo

Original Poster:

42,185 posts

228 months

Saturday 2nd January 2010
quotequote all
fido said:
Ah, that council. I spoke to them on the phone last year ..

Me: You've charged me for extra month, why is that so?
Council Bod: According to our records, you have lived in that property from the DD MM 2009.
Me : No, i moved in the month after that, and i told you as such a week ago.
Council Bod: Well we have a letter from your agent as proof.
Me : No you haven't.
Council Bod: Ok, well we'll adjust your payment from the new date then.
Me : Thanks. {Nice Try}

  • - Yep, they do accept Credit Card, but you have to pay a surcharge.
Edited by fido on Saturday 2nd January 16:16
Yeh which I was happy to pay as I was brassic at the time. They really are pushing it.

Why has none of this come to light sooner, two years has passed!!! And I have lived ni two addresses in the borough since, and been on the voters register for both ffs, hardly been undercover!

Rollcage

11,345 posts

222 months

Saturday 2nd January 2010
quotequote all
10 Pence Short said:
Also bear in mind non payment of council tax can lead to imprisonment and, being a civil offence, you will not be liable for early release schemes such as tagging.

Not that I'm trying to worry you!
Refusing to pay leads to imprisonment - non payment could be for many reasons!

10 Pence Short

32,880 posts

247 months

Saturday 2nd January 2010
quotequote all
So non payment of council tgax can lead to imprisonment.

Is being a fking pedant becoming a complete PH obsession, or just a casual thing?