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  • FIRST POST
    • JamieInTrees
    • By JamieInTrees 10th Oct 17, 9:46 AM
    • 5Posts
    • 1Thanks
    JamieInTrees
    12 year old council tax?
    • #1
    • 10th Oct 17, 9:46 AM
    12 year old council tax? 10th Oct 17 at 9:46 AM
    Hi, first post here.
    I recently received a letter from a debt collection agency informing me that as I had not responded to their previous letters (there have been none) I would be visited by one of their 'enforcers' within 7 days. As there were no details on the letter, I contacted the company via email for more information. All they told me was that is was for North Somerset Council. I last lived there in 2005 and, as far as I am aware, have never been contacted by NSC about any outstanding council tax. I was in a council flat and I bought the leasehold on a right to buy and sold it 3 years later. I believe any outstanding amounts were settled at time of sale. I asked the debt company for more information like dates or account number but they told me I had to contact NSC myself. Is it up to me to prove the debt is not owing or is the onus on the debt company to prove otherwise? They don't seem to have any details apart from an amount. I really don't want to pay this aggressive company without them being able to prove I owe something. If I do owe the amount then fair enough, but I am reluctant to pay several hundred pounds just because they sent me a letter with no back-up evidence. Any help is greatly appreciated.
Page 1
    • zx81
    • By zx81 10th Oct 17, 9:48 AM
    • 14,380 Posts
    • 15,169 Thanks
    zx81
    • #2
    • 10th Oct 17, 9:48 AM
    • #2
    • 10th Oct 17, 9:48 AM
    They will need to prove the debt.
    • sourcrates
    • By sourcrates 10th Oct 17, 10:08 AM
    • 12,670 Posts
    • 12,004 Thanks
    sourcrates
    • #3
    • 10th Oct 17, 10:08 AM
    • #3
    • 10th Oct 17, 10:08 AM
    Sounds more like a bayliff than a debt collector, you need to clarify which it is, as one has powers, the other dosent.

    If the council have obtained a liability order against you, that is sufficient for them to chase the debt, as they don’t need to take further action through the courts.

    You should contact the council in question for more details on this.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
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    • CIS
    • By CIS 10th Oct 17, 10:18 AM
    • 10,120 Posts
    • 5,795 Thanks
    CIS
    • #4
    • 10th Oct 17, 10:18 AM
    • #4
    • 10th Oct 17, 10:18 AM
    There's no need to prove the debt from the agent/council side - if they have the liability order then that is sufficient in the eyes of the court that the monies were due (and remain due).

    The council may use a debt collector but it's unlikely - the usual way is to use a fully certificated enforcement agent. The council provide almost no details to the enforcement agents as what the debt is for, they are usually just given the date of the order and the amount outstanding.

    If they don't have a liability order - which is unlikely - then more questions would need to be asked but that in itself doesn't mean the money would not still be collectable.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • JamieInTrees
    • By JamieInTrees 10th Oct 17, 10:19 AM
    • 5 Posts
    • 1 Thanks
    JamieInTrees
    • #5
    • 10th Oct 17, 10:19 AM
    • #5
    • 10th Oct 17, 10:19 AM
    Thanks for the replies. The company is JBW judicial services group who, according to their page, are bailiffs
    • StopIt
    • By StopIt 10th Oct 17, 10:30 AM
    • 1,449 Posts
    • 1,239 Thanks
    StopIt
    • #6
    • 10th Oct 17, 10:30 AM
    • #6
    • 10th Oct 17, 10:30 AM
    Thanks for the replies. The company is JBW judicial services group who, according to their page, are bailiffs
    Originally posted by JamieInTrees

    In which case they have secured a liability order against you.


    You need to contact the council ASAP and if the liability isn't yours to pay, get this sorted.


    Of course, if there is unpaid council tax to pay, you need to pay it.
    • JamieInTrees
    • By JamieInTrees 10th Oct 17, 10:38 AM
    • 5 Posts
    • 1 Thanks
    JamieInTrees
    • #7
    • 10th Oct 17, 10:38 AM
    • #7
    • 10th Oct 17, 10:38 AM
    Thank you for the advice and clarification, very much appreciated
    • peteuk
    • By peteuk 10th Oct 17, 2:08 PM
    • 333 Posts
    • 147 Thanks
    peteuk
    • #8
    • 10th Oct 17, 2:08 PM
    • #8
    • 10th Oct 17, 2:08 PM
    Just seen this thread and would love to know how you got on... Please let us know the outcome.

    Good luck.

    Pete
    Proud to be dealing with our debts
    Starting debt 2005 £63.7K. Current debt £3K and decreasing. Debt free at some point in 2018
    Hoping to be debt free ASAP!
    • JamieInTrees
    • By JamieInTrees 10th Oct 17, 6:41 PM
    • 5 Posts
    • 1 Thanks
    JamieInTrees
    • #9
    • 10th Oct 17, 6:41 PM
    • #9
    • 10th Oct 17, 6:41 PM
    So I called the council and the debt was from 2005 to January 2006. After some research I found that I actually sold the lease in mid 2003 not 2005, which was verified by the housing records. I've passed this information on to the bailiffs. Waiting on a reply...
    • CIS
    • By CIS 10th Oct 17, 6:56 PM
    • 10,120 Posts
    • 5,795 Thanks
    CIS
    So I called the council and the debt was from 2005 to January 2006. After some research I found that I actually sold the lease in mid 2003 not 2005, which was verified by the housing records. I've passed this information on to the bailiffs. Waiting on a reply...
    Originally posted by JamieInTrees
    The enforcement agents will continue to act until told otherwise by the council - you need to contact the council rather than the agents.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • JamieInTrees
    • By JamieInTrees 10th Oct 17, 7:05 PM
    • 5 Posts
    • 1 Thanks
    JamieInTrees
    I did try to contact the council again but they were busy until 5 when they closed. I'll try again tomorrow
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