Council Tax - I paid, they refunded now they are asking for it back - 4 years later?

Rage_in_Eden

I don't know whether anyone will be able to help me on this one. In 2003/04 I had a house which I was rennovating prior to letting out (which I still own). I continued to pay my Council Tax along with the Council Tax on the house where I live. I told the Council it was vacant, why it was vacant and continued to pay. I had the first six months "free" and then paid the following months. When I rang them to tell them it was being let I was told I should have been exempt for a further 6 months and not paying. They said they were going to refund me. I said I really didn't want this if in 'x' months I got a demand for non-payment. They said I wouldn't and I was up-to-date as far as they were concerned. So was given a refund in the form of all the money I had overpaid being put onto my home address Council Tax for 05/06 - meant I only paid about £100 for the year. Last year I got a letter saying I owed them this money they had refunded. I queried it by writing in and was told on the 'phone that I did not owe them any money. Now I have got a Summons for non-payment! I have sent them a letter and spoken to somebody at the Department who (a) has no record of any previous letters - despite my having them and the fax confirmation infront of me; (b) said "well you can't have paid then" - to which I said I have the bank statements infront of me showing I've paid in 03/04 and that they have had copies of these; (c) that the fax number I have used - despite being the one on the contact details - is not to be used (why have it on the letter?) and that I am liable for everything. I have asked why they instigated a refund then against my better wishes and have repeatedly told me that I was exempt for a further 6 months and shouldn't have been paying. The person I spoke to said there were no exemptions showing on my account - except for the one at the moment as we are completely refurbishing the property (interesting as that info was contained in the letter I sent in originally). Asked to be put through to the department dealing with the Summons to be told "they won't speak to you". Very rude person actually. I have just e-mailed on the contact given on the letter to ask if they have got any of my letters. In the meantime anyone got any ideas? If I do owe them why has it taken them 3-4 years to discover it? Any help appreciated!

tehone

Easiest solution to get them to actually look at it and see what they've got is to email the Chief Executive of the County Council

[I've no idea if you did/didn't have to pay originally - but if you did then its their !!!! up and you shoul dbe offered a reapymnet scheme to pay it, without costs.]

Rage_in_Eden

I actually sent copies of the last letter to the Director of Finance - I'm not filled with much confidence to be quite honest! Anyway, let's see what response we get this time. You'll be delighted to hear though that I've been told I don't have to attend Court - I'm estatic - as they will send me a form afterwards! I'm not sure they're going to want it back after I've finished with it.

tbs624

Rage_in_Eden wrote: »

..... I've been told I don't have to attend Court - I'm estatic - as they will send me a form afterwards! I'm not sure they're going to want it back after I've finished with it.

Do you mean that they are not proceeding to court or that they have told you that it is going to court but you do not have to attend?

If the don't stop the proceedings it is in your interest to be there, regardless of what any clerk at the town hall tells you, so you may want to clarify.Get whatever they (ie the court staff) say confirmed in writing.Good luck, and do let your local Councillor know what has happened.

Ulfar

If it is a case of you don't have to attend but it is going to court, the council will get the judgement in their favour as you won't be contesting.

You need to turn up to make your case.

Rage_in_Eden

That I don't have to go to Court (apparently). I've just tried to get through to the Chief Exec's office to get their fax number/e-mail as it's not listed on the website and "we're are experiencing very hgh call volumes - please call back in 20 minutes". I can well do without this TBQH as I'm due to have a brain scan on Sunday and that is my main focus at the moment. In one way I'm glad I rang in to see if they'd had the letter and enclosures and in another way I'm not. I can see what's going to happen, I'm going to end up paying either tonight or tomorrow and then trying to get it back...... I wouldn't mind but I have NEVER missed a payment/owed them any money at all before. I don't know whether to cry or punch somebody :rotfl:

tehone

Make sure that you get something from the *court* that says you don't have to attend - not the council

lincroft1710

If you don't attend court or don't send a representative, or don't send written evidence to support your case the court will find in favour of the council.

zzzLazyDaisy

As others have said - if you don't attend court the court will rule in their favour. The form you get afterwards will be asking how you intend to pay the money owed.

Do not take any notice of the council, if they have already started court proceedings you should deal directly with the court.

If you have medical problems preventing you from attending court you should send a letter from your doctor and ask for the proceedings to be adjourned to a later date (give them any dates that you cannot attend). Also you should get a copy of the claim that has been lodged at court. You MUST file a defence explaining what has happened from your point of view, and provide the court with copies of all relevant documents and correspondence, so the court has enough evidence to rule in your favour.

MinBlack

Definitely turn up and contest the case, the facts are simple, you paid the council tax, they said that you didn't owe the money and they refunded it. I'm fairly certain that if they make the F!!! up there is an argument for them swallowing the cost not you.

If you don't have this already I would visit your council office, they all have a one stop shop type area where you can queue and speak to an advisor. they will be able to provide you with a print out showing a breakdown of all payments paid over the disputed period. Get one showing all payments on the 1st account and then being refunded and the second showing the money reducing the liability on your own property.

Oh and when you get to court make sure you tell them that you are contesting the case, most people don't contest and the person you first speak to at court is liable to send you to the council offices to make a repayment arrangement as they assume thats what everyone wants to do!

Incisor

MinBlack wrote: »

Definitely turn up and contest the case, the facts are simple, you paid the council tax, they said that you didn't owe the money and they refunded it.

Plus point out, if you can that you have been advised not to turn up to contest.