Council tax problems

CIS

The 6 year limit only applies when a Liability Order has not been granted within 6 years of the billing - once a Liability Order is granted it can remain force indefinitely under paid or written off. If the L/O is not granted within 6 years then the council cannot then apply for one to enforce the debt.

Airwolf1

The 6 year rule won't apply, bills have been issued every year haven't they?

I'd certainly contact the council and try to get a suitable payment arrangement, but you may want to speak with a manager. Maybe write into them.

People need to be careful when looking into their council tax bandings. There are quite a few of these that have led to neighbouring houses having a band increase, rather than one trying to get a decrease. Research and obtaining comparables needs to be done.

videoking

so does that mean he does or doesnt have to pay the bill over 6 years in my case trying to sort it out with council was a nightmare everyone giving me different advice just making there own ideas fit to your case and trying to screw u over for the full ammount even if you owed it or not and as for the bailiffs with there charges which i never had to pay because paid bill straight to council thats another matter my bill was 2500ish after appealing 1200 but was already with 2 bailiffs 1200 +800 costs just paid 1200 to council done and dusted

olly300

Council tax is one of the debts that has it's own act of parliament. So you have to pay up. (Student Loans is another.)

Personally instead of dealing with the council tax office by telephone due to it being a complicated issue deal with them in writing either by email or letter so there is no mistake it what is said. Also if you mother remembers the rude man's name add the complaint to the letter. They have to reply to you within 10 working days of receipt.

If they then don't play ball get your mother to go to your MPs surgery with all the paperwork and ask the MP to write to the council on her behalf.

msmicawber

I second Olly's recommendation. I had a similiar(ish) problem over Council Tax and struggled with the Council until I approached my MP, who sorted it all out. You can find your Mum's local MP's surgery and contact information at https://www.parliament.uk.

L122ie

L122ie wrote: »

Can someone advise us.
Sometime ago my mother tried to get her council tax band reduced as we found out that she was in a higher band than her neighbours and had been so since the begining. The next door cottage started two bands lower and when it was pulled down and rebuilt as a three storey 1.2 million pound house the band was increased to one band lower than my mums. so as you can imagin my mother was pretty unset at having to pay so much more for the council tax. However we were told that she was in the right band and the others were wrong and they would be looking into putting all the others up. This was ok until she has received a bill for underpaid Council tax for just under 5 and half thousand pounds (she is 87 year old pensioner) because she was receiving a sole occupant discount since my father died 10 years ago. She told the council at the time that my brother was still living there but he was on a low income and she aked if she was entilled to a discount which she apparently got, but it was their mistake as it appears she was not entilled to it but she was not aware of this all this time. Can the council really demand all this money from a penioner, can they really go back ten years. Can anyone help us on this matter as she is really worried about how she is going to pay this and continue to live on what little money she will be left with. This is such a bitter pill to swallow especially with the fact that she has been paying much more tax than her neighbours all these years.

Now trying to negotiate to get back pay reduced. Although the ct bills clearly state that my mother was receiving 25% discount for one adult in residence, the back clearly says that you can receive discount if you live alone, or with others who are discounted,which my mother thought applied to her, due to what she told the council (over the phone) at the time of my father's death, and has been paying the bills for ten years in good faith. The council have told us that it was illegal for them to give a discount if she hadn't filled in a form at the time, so they say she must have told them she was living alone, but they have no evendence of this (because we know she didn't put anything in writing). Is it down to the council to prove that she filled something out at the time to say she lived alone, which she didn't, or is it down to us to prove she didn't tell them she was living alone. Can the council claim back the unpaid amount anyway even if it is their fault. We are wondering if it is worth getting the advise of a Solicitor but not sure how much that would cost.

Pont

Just trawling through different posts this morning and noticed this ie. I'm no expert in this field.
If I've read this correctly your mother has been asked to pay over £5000 as she was not the sole occupant of her house for the last 10 years and has to pay back the 25% sole occupant reduction. This would suggest that the full council tax charge for her house is over £2000pa. If she is an 80+ year old pensioner I'm surprised that she was charged for the 25% reduction (approx £1500pa) and that she wasn't entitled to some, if not all, council tax benefit. Perhaps run her details through entitledto and see what they throw up. Also, to cut to the chase it seems that this extra charge should morally be paid by your brother, not your mother, as it is being charged due to him living at the address.

CIS

Can the council claim back the unpaid amount anyway even if it is their fault. We are wondering if it is worth getting the advise of a Solicitor but not sure how much that would cost.

The council can claim back the money as under the legislation is up to the occupier to be aware of any discounts/exemptions and notify the council accordingly.

Its not illegal for the council to give discounts without written requests otherwise we would never award discounts however many councils will have it as policy to prevent any arguments over info supplied.

The administration and enforcement regs 1992 covers council rules re discounts

Assumptions as to discount
15.—(1) Where, having taken such steps as are referred to in regulation 14, a billing authority has no reason to believe that the chargeable amount for the financial year concerned is subject to a discount, it shall assume, in making any calculation of the chargeable amount for the purposes of Part V of these Regulations, that the chargeable amount is not subject to any discount.

(2) Where, having taken such steps as are referred to in regulation 14, a billing authority has reason to believe that the chargeable amount for the financial year concerned is subject to a discount of a particular amount, it shall assume, in making any such calculation as is mentioned in paragraph (1) above, that the chargeable amount is subject to a discount of that amount.
Correction of discount assumptions
16.—(1) Subject to paragraph (2), where a person—

(a) has been informed in accordance with any provision of demand notice regulations of an assumption as to discount made in his case; and

(b) at any time before the end of the financial year following the financial year in respect of which the assumption is made has reason to believe that the chargeable amount is not in fact subject to any discount, or is subject to a discount of a smaller amount,

he shall, within the period of 21 days beginning on the day on which he first has reason so to believe, notify the authority in writing of his belief.

L122ie

Thanks CIS, can you please clarify, does this mean the council are only able to reclaim current year plus last financial year?

CIS

That bit is talking about the tax payer responsibility to notify the council, the council can withdraw a discount/exemption to as far back as they are satisfied that a person does not or should not qualify for it.