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Council Tax: wrong advice
dagnammit
Posts: 9 Forumite
Hi all,
Just wondering if anyone here has any info about this. I was living in a rented property from Sept 2007 to May 2008. In December 2007, when I finally got round to arranging the Council Tax payments, I was told by the council that the total amount payable for the period Sept-March was £105. With a single-person's discount of 25%, the final payable amount (after I asked the advisor to confirm that it would really be so little an amount) was £75. So I paid up - with a smile!
Months later, I begin to receive red letters for an outstanding amount of £500.
I telephone them and explain the situation - that I was told a different amount and to my mind had paid in full - and they tell me that they would never do that, and moreover they could listen to a recording of the conversation and thereby prove I was never told that. Of course, I encouraged this, grinning hugely all the while. They get back to me a couple of days later saying that, yes, I was indeed told the wrong thing. I tell them that it is clearly impossible for me to pay the newly outstanding amount in one go, and they promise to arrange something fair with me. They have not called back when promised, and keep sending bills for the full amount.
My question is: what rights to I have regarding this situation? Is it possible I might not be liable for the outstanding amount, given the wrongly given information?
My instinct tells me that since this is not a 'consumer-business' relationship, the same laws would not apply.
Thought I'd check here before I get back to the council and try to organise repayments once more.
best
DG
Just wondering if anyone here has any info about this. I was living in a rented property from Sept 2007 to May 2008. In December 2007, when I finally got round to arranging the Council Tax payments, I was told by the council that the total amount payable for the period Sept-March was £105. With a single-person's discount of 25%, the final payable amount (after I asked the advisor to confirm that it would really be so little an amount) was £75. So I paid up - with a smile!
Months later, I begin to receive red letters for an outstanding amount of £500.
I telephone them and explain the situation - that I was told a different amount and to my mind had paid in full - and they tell me that they would never do that, and moreover they could listen to a recording of the conversation and thereby prove I was never told that. Of course, I encouraged this, grinning hugely all the while. They get back to me a couple of days later saying that, yes, I was indeed told the wrong thing. I tell them that it is clearly impossible for me to pay the newly outstanding amount in one go, and they promise to arrange something fair with me. They have not called back when promised, and keep sending bills for the full amount.
My question is: what rights to I have regarding this situation? Is it possible I might not be liable for the outstanding amount, given the wrongly given information?
My instinct tells me that since this is not a 'consumer-business' relationship, the same laws would not apply.
Thought I'd check here before I get back to the council and try to organise repayments once more.
best
DG
0
Comments
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Best of my knowledge...u have to pay it back. They can't make you pay it all back in one go, but you will still have to pay back. Ring them to arrange a spar (special arrangement),else they will keep adding costs on (which there well within their rights to do) even if they have told you the wrong information.
Hope this helps0 -
Even though you may have been incorrectly advised of the outstanding balance you are still liable , The bill shows the correct amount and that is the amount due.
If the balance has been summonsed then they can demand it in one payment although it would be bad practice to do so. If the amount is not summonsed then they should let you have an arrangement up to the year end.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 both - it's what I thought.
One other thing, that I've kind of taken for true til now: the council tax account was a joint one, but the other person moved country so they ended up putting my name on the account solely! I was annoyed, of course, but they told me it was their legal right to do so. It went to court and it was decided that I was liable for the full amount, even though I'd pleaded with them to let me just pay my half. Very unfair. Do you suppose there's no reason to pursue that dimension of the matter any further?0 -
Council Tax works on the basis of a joint liability when the residents have an equal stake in the property , i.e 2 tenants living together would be jointly liable for100% of the debt and the council could pursue either of the tenants for 100%.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
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