richs2891

Just had a letter from local council saying I owe them £244.
As per usual with ever letter get from a utility or a local council its a standard one with no details and it also has my current pet hate - its dated at least 7 days ago. Just spoke to them and as usual they blame Royal mail for taking 7 days to deliver a letter bit.
Found out it relates to my old house that they are claiming they did not get the council tax for about two months after I moved.
Now this is the first I've heard of it - when ran them to tell them I've moved ( 2 years ago) - I assume they would enter the details correct.
I've asked for written proof as I dont belive them and it seem its their mistake and not mine, Most of the debt seems to be their attempts at chasing me - even through they have had my address - as its the same local borough council !!
What does a liability order against me mean ? and am I liable for the debt ?

Also as my name was always spelt wrong on the council tax for my old house - if the debt collectors come knocking can I tell them to go stuff as that is not my name on the form ?

Cheers

Richard

Leslie

I suppose the real question is-can they prove it and where is their evidence?

Too much of this sort of thing these days-usually down to sheer incompetence.

Les

MMT WRX

Liability order means they have gone to court to get authority to collect the debt. This will be collected via one of the following; Baliffs, attachment to earnings or attachment to benefits. You need to prove the date you moved out of the property by means of council tax bill at the address you moved into or a tennancy agreement dated from the day you vacated.

richs2891

Lol I can prove via my solicitor and my morgage provider the day I moved out off my old house and day I moved to the new house. Can also prove it via the builder the day as I part exed the old house for the new one. The builder then also has proof of the sale of my old house to the current owner.
A simply land registry check also proves the dates that I left my old house as well.

The bit that really annoys me is that the stupid council in their wisdom sent a debt collector around on the 20th to collect the money I "owe".
Debt collector actually admitted to me that the council will only help and check their information after I have paid the fine.
I ended up having to pay the fine - then after complaing to the council they ran me back and finally managed to speak to a human that actually had some common sense. She rang me back 2 hours later and admitted that what I had told them was actually correct and they where wrong.
As has been said its all down to sheer incompetance, and the council taking the word of the buyer of my old house who has blatenlty lied to them, and thus them spending two years trying to chase me for a debt that is based upon a lie, without the council doing any checking of information.

Still will take ten days to get a refund on my money I've had to pay out to prove I'm correct.
And need to find out if the libality order they have taken out wrongly against me can have any effect on any future credit score

Richard

mart360

If proven to be correct, you can legally ask the council to contact all the relevant debt agency,s and the issuing court to ammend there records.

They have to cover the costs btw


Mart

MMT WRX

Magistrate Court issue the Liability Order not County Court so should be no problem with future credit issues. The Order should just get cancelled once proved to be incorrect. It’s worth just checking this next time you speak to a 'Human' just to make sure this is all correct for your area. Apparently, nearly everybody contests the Liability Order, most of which are correctly issued. It takes that much time proving, that the cost involved would probably impact on everybody’s council tax bill.

Leslie

If I had had all that evidence, I think I would have let them take me to court and having proved them wrong I would have claimed heavy costs for your time being wasted and the distress what they had caused you. Only way to teach them the lesson to do the job properly in the first place.

Les

MMT WRX

Yep! And who pays for these heavy costs?

Like I said in the previous thread, nearly everybody that gets a LO contests them. The costs involved would probably impact on the following years council tax charges. Also, the cases that are generally proved to be wrong are more often than not (not always) because information has not been forwarded correctly. I've moved house 13 times and never had a single issue.

You would pay far less council tax if everybody paid and paid promptly?

richs2891

I can understand waht both of you are saying, as its a sad fact that nothing will change in the way cases like this happen until the council is suitable embarrased by means of a fine issued against them, highlighted by a court case that will be paid ultimately for by tax payers money !
Yes in a perfect world everyone would pay their council tax on time and yes people would not lie to the council about when they move in. Ultimately councils would record information propely (ie me ringing to tell them I've moved and pass it to the relevant department). And check data propely before doing silly things that will end up costing them more money.
This sad situation has highlighted how much money is wasted by councils !
And yes a bill is going to be sent to the council for my time and money spent sorting their problem out, but I wont be holding my breath that I get the money back from them - but I'm looking forward to sending the debt collectors into the local council office.
Richard

MMT WRX

I empathise with your frustrations.

My Mrs. has just resigned actually from a post at out local council dealing with council tax issues, including the issuing of LO's and standing in court whilst they are processed, doing means tests with people that don’t pay and insist they need £150/week for **** and booze before council tax payments.
If you heard some of the stories.