Council Tax Enforcement

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evherkes
evherkes Posts: 81 Forumite
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in Debt-free wannabe
Hi
My OH had a letter at the end of April for 3k in council tax debt. This was for his former matrimonial home which he moved out of around 2004ish. Court documents stated the house was relinquished in full to her.
Mortgage remained in his name as she's never worked and she made the payments instead leaving it in his name.
The council tax debt is 2013-2015. He sent the council a copy of the court docs with the first enforcement letter as advised by council. Yesterday while both at work enforcement visited our home , leaving a letter, reporting to have come to collect payment in full.
Please can someone help, we're stressed and clueless about where we stand?
Thanks,
Em
Emily :A

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  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    If there was someone resident at the old property in 2013-15, that person is liable for the tax, ahead of a non-resident owner (hierarchy of liabilities). If no-one resident, then it may be valid.

    Take it up with the council. All the bailiff needs to know is that the debt is in dispute and you will not be giving them access to your property.

    For the moment though, it would seem sensible to keep doors locked at all times and park his car a way from the property, on someone else's private land if possible - to save difficult arguments
  • evherkes
    evherkes Posts: 81 Forumite
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    I guess the problem we have is we don't know when she moved out as she eventually abandoned the property, stopped paying and left it to repossession...
    We'll definitely not be allowing them in in the meantime.
    Emily :A
  • evherkes
    evherkes Posts: 81 Forumite
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    I've just checked the register of enforcement agents and noticed that the person who left the letter isn't on there either. He's from Penham Excel.
    They've also added enforcement costs of £620.00!!!
    Emily :A
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    edited 24 May 2016 at 9:56AM
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    Hi

    Enforcement agents should be certificated if they want to try and take control of goods. The register is administered by the County Court in Northampton so you can call them on 0300 123 1056 and they can check the register to make sure. The following website has some useful information and suggests that there are sometimes delays with the register being updated so you can ask the bailiff to provide their certificate, or let you know which court granted it so you can check with them.

    http://bailiffadviceonline.co.uk/complaints-procedure/certificated-enforcement-agent-bailiff-register

    You should discuss the liability situation with the council as fatbelly suggests. The enforcement fee should only be £235 though in any case so complain to the council about that. You can also complain to the bailiff trade association called CIVEA.

    www.civea.co.uk

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    evherkes wrote: »
    I've just checked the register of enforcement agents and noticed that the person who left the letter isn't on there either. He's from Penham Excel.
    They've also added enforcement costs of £620.00!!!

    That sounds like 2 lots of £75 and 2 lots of £235

    The 2 x £75 compliance fee is legit if there are two liability orders (as there might be for 2 tax years) but if they are chasing the two together they can only add on one enforcement fee of £235
  • Herbie21
    Herbie21 Posts: 562 Forumite
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    fatbelly wrote: »
    That sounds like 2 lots of £75 and 2 lots of £235

    The 2 x £75 compliance fee is legit if there are two liability orders (as there might be for 2 tax years) but if they are chasing the two together they can only add on one enforcement fee of £235

    I am getting more and more enquiries about 'multiple fee charging' and it is becoming worrying.

    Thankfully, with experienced forum posters highlighting potential problems in this area, we may be able to clamp down on it.
  • CIS
    CIS Posts: 12,260 Forumite
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    I guess the problem we have is we don't know when she moved out as she eventually abandoned the property,
    Unless there's proof that legal ownership was transferred to one party then , as soon as the property becomes empty, council tax liability would rest on all of the joint legal owners.

    A re-possession doesn't change legal ownership until the property is sold or otherwise disposed off - it only hands a control of the property to a 3rd party. Once the property was re-possessed a Class L exemption could be applied for but that requires one of the owners to do so (although some councils will do automatically so if they are notified by the mortgage company).
    My OH had a letter at the end of April for 3k in council tax debt. This was for his former matrimonial home which he moved out of around 2004ish. Court documents stated the house was relinquished in full to her.

    He needs to check at what stage the debt is from - it's still quite possible the council are claiming for a period prior to his date of vacation.

    Did he inform the council at the time he had vacated ?
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS
    CIS Posts: 12,260 Forumite
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    Herbie21 wrote: »
    I am getting more and more enquiries about 'multiple fee charging' and it is becoming worrying.

    Thankfully, with experienced forum posters highlighting potential problems in this area, we may be able to clamp down on it.

    Curiously this was a problem which, with the enforcement agents I dealt with, become less of a problem after the new fee structure came. Different areas bring different problems though.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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