Liability Order for Former Tenant
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Spatton
Posts: 36 Forumite
Hi,
Hoping the collective experience of the forum can help here please.
Long story short we bought our property 18 months ago, knowing that for c6 months prior to that it was vacant - the vendor informed us the tenants had done a literal moonlight flit.
Periodically we've had letters addressed to what I presume to be the former tenant, all have gone back 'not known at this address'. However after a spate of four fairly official looking envelopes arrived I opened one, turns out they are being pursued for a very old council tax debt (2010/2011) to the tune of £107.90 and a liability order has been granted.
Can anyone advise what this means in real terms? Are bailiffs about to turn up? I can prove who we are, that we own the property etc etc, and whilst back in the old days I would like to think if I rang up the council pursuing the debt this could be sorted out, in this era of data protection gone mad I seriously doubt it, plus the issue of my opening someone else's post.
It's not the local council pursuing the debt, they obviously know otherwise as we're on the electoral register and our CT is up to date. What worries me is that a court somewhere granted a liability order when a very simple check would have shown immediately that the person it's granted against hasn't been here for years, literally.
Worse, my husband and I are in disagreement over whether a liability order is granted against the person, or the property which has caused a huge row. I'd like to put his mind at rest if I can, but the wonder of the internet as it is offers conflicting opinions.
Thanks in advance,
SP
Hoping the collective experience of the forum can help here please.
Long story short we bought our property 18 months ago, knowing that for c6 months prior to that it was vacant - the vendor informed us the tenants had done a literal moonlight flit.
Periodically we've had letters addressed to what I presume to be the former tenant, all have gone back 'not known at this address'. However after a spate of four fairly official looking envelopes arrived I opened one, turns out they are being pursued for a very old council tax debt (2010/2011) to the tune of £107.90 and a liability order has been granted.
Can anyone advise what this means in real terms? Are bailiffs about to turn up? I can prove who we are, that we own the property etc etc, and whilst back in the old days I would like to think if I rang up the council pursuing the debt this could be sorted out, in this era of data protection gone mad I seriously doubt it, plus the issue of my opening someone else's post.
It's not the local council pursuing the debt, they obviously know otherwise as we're on the electoral register and our CT is up to date. What worries me is that a court somewhere granted a liability order when a very simple check would have shown immediately that the person it's granted against hasn't been here for years, literally.
Worse, my husband and I are in disagreement over whether a liability order is granted against the person, or the property which has caused a huge row. I'd like to put his mind at rest if I can, but the wonder of the internet as it is offers conflicting opinions.
Thanks in advance,
SP
0
Comments
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A liability order is granted against the person, by the Magistrates Court, at the instigation of the council, and it would normally be the council who writes to say 'we've got one against you.'
You say it's not being pursued buy the council. So who is writing? The bailiffs?
Councils are notoriously lazy when it comes to checking the facts so it is worth checking they know who is (and isn't) living there and if it's bailiffs get the chasing council to inform their bailiffs of the facts.0 -
Thanks Fatbelly. Cheshire West and Chester Council have sent the letter, our house is in Powys. The detail of the letter indicates that the debt relates to a property in Chester.
Given how pedantic government employees can be when the mood takes them I'm concerned that if I ring up Chester council to try and explain and get it sorted I'll be done for opening someone else's post.
What I don't want is heavy handed bailiffs turning up. Around 10 years ago my husband had serious debt problems which he has sorted out, but he's extraordinarily sensitive to anything of this nature, the fear has never truly left him. He's already on a range of medications for his health and I honestly think bailiffs would send him over the edge again. We've worked long and hard to get things straight, and one visit would set him back years even though I can produce all necessary paperwork in minutes, the damage would be done. I want to make sure it doesn't happen. I've already spent the day tiptoeing round him, as in his head the bailiffs are going to turn up Monday morning.
Any suggestions as to how I can sort out the mess of someone else's making gratefully received.
SP0 -
Ring the council or return it to them with a covering letter. You have done nothing wrong in opening a correctly delivered letter.0
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It's only an offence to open mail if you're intending to use the information to a detriment or steal it's content etc - opening mail in your situation isn't an issue.Given how pedantic government employees can be when the mood takes them I'm concerned that if I ring up Chester council to try and explain and get it sorted I'll be done for opening someone else's post
Contact the council in Chester and they should be able to sort the situation easily enough.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.0 -
Thanks Molerat and CIS, will ring them on Monday.
SP0 -
I can understand why you wouldn't want to be dealing with bailiffs due to past history, but this is nothing to do with you, its not your debt, so cant possibly hurt you in any way.
Contact the council as advised, and just laugh it off, not your name, not your debt, definitely not your problem.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks Sourcrates. For follow up, rang them this morning and they were surprisingly helpful. Fingers crossed the various departments get their communication together and the letters actually do stop.
SP0
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