council problem

mr_taffy_2

I have been having problems with my local council demanding money i dont owe and threatning to take me to court over it.
first letter i had was 3 months ago claiming i owed £200 for a decoration allowance for a flat i never moved into. and for an overpayment of £119.15.
Iv got a letter from finance department saying i dont owe the £119.15. After 2 months they finaly admit i didnt have the £200 but still say i owe the £119.15
Then last week i get another letter from the same housing officer saint i now owe £119.15.
£646.36 (rent for a property that wasnt mine)
£56.62 ( rent overpayment for above property)
£420.00 (court costs)

Where do i stand as trying to talk to the council is like talking to a brickwall.
Do i have a right to make a claim against the council for demanding money with menaces as i dont owe the money and they are threatning to take me to court which i am looking foward to:T

DCFC79

So they are trying to take you to court for not paying up when you havent rented the property they claim, a decoration allowance for a flat you never moved into,

were you going to move into the flat

The_Pedant

Try and get the details of someone appropriate/higher up to complain to.
I would personally be inclined to clearly lay out a bullet point list of key correspondence laying out the details.

I would then send a recorded delivery letter, inviting them to double check their records in detail and to either provide a detailed explanation as to why they think you owe the money (with appropriate documented evidence), or to desist from harrassing you. I would then add that any continued correspondence, without supporting evidence would be considered actionable under the Protection From Harassment Act 1997, and open to the appropriate legal remedies available.

I would hope they might at least then pass it high enough up the chain to ensure they have their facts straight before choosing one of the two options.

mr_taffy_2

I was going to move into the flat but then sucumstaces changed and the flat would have been to small for me and my family as my miss is due tommorow and we already have a teenage son.

Amistoso_2

Did you tell the council before you signed a tenancy agreement that you did not want to take the property?
the fact that they say you owe them for a decorating grant suggests to me that perhaps you didn't, as these grants would only be given once a tenancy had been argreed and signed.
If you did sign it but never let them know you had no intentions of moving in or gave them proper notice and they only found out once the bills started stacking up that you infact wern't thliving there,
then it sounds like you are liable for what they say you are owe them as they're not mind readers and could have rented the property to someone else who would have paid the rent etc

edited to add:- I think stating the council are demanding money with menaces is a tad overdramatic!!!

mr_taffy_2

Amistoso wrote: »

Did you tell the council before you signed a tenancy agreement that you did not want to take the property?
the fact that they say you owe them for a decorating grant suggests to me that perhaps you didn't, as these grants would only be given once a tenancy had been argreed and signed.
If you did sign it but never let them know you had no intentions of moving in or gave them proper notice and they only found out once the bills started stacking up that you infact wern't thliving there,
then it sounds like you are liable for what they say you are owe them as they're not mind readers and could have rented the property to someone else who would have paid the rent etc

edited to add:- I think stating the council are demanding money with menaces is a tad overdramatic!!!

I did tell them i wasnt moving in. as you can see from my ealier post they have now said i didnt recive the £200 decorating allowance.
as for demanding money with menaces how would you put it then that they are threataning me with court action for over £1000 for a property that i was never a tenant of to me that is a serious threat.

Amistoso_2

mr_taffy wrote: »

I did tell them i wasnt moving in. as you can see from my ealier post they have now said i didnt recive the £200 decorating allowance.
as for demanding money with menaces how would you put it then that they are threataning me with court action for over £1000 for a property that i was never a tenant of to me that is a serious threat.

did you sign a tenancy agreement for the property in question though? (as if you did, then even if you never moved in you would still have to pay for the notice period)

if not then they do not have a leg to stand on, if you did and just didn't inform them that you didn't want the property then surely you are liable?

mr_taffy_2

Amistoso wrote: »

did you sign a tenancy agreement for the property in question though? if not then they do not have a leg to stand on, if you did and just didn't inform them that you didn't want the property then surely you are liable?

The £1000 + they are chasing me for is a property that i never singed for or was a tenant of so as you say they aint got a leg to stand on. thats why i say they are demanding money with menaces.

Amistoso_2

mr_taffy wrote: »

The £1000 + they are chasing me for is a property that i never singed for or was a tenant of so as you say they aint got a leg to stand on. thats why i say they are demanding money with menaces.

Then you shouldn't have much of a problem in clearing this up, just amazed that it managed to make it to court with no proof that you owe them money as you never signed a tenanct agreement!!
Surely the court would chuck it out? You'd probably be best going to the CAB for some guidance on how to bring this matter to a close

Ivory_Tinkler

Where has the £420 court cost come from - has this already gone to court at some stage?

mr_taffy_2

Ivory_Tinkler wrote: »

Where has the £420 court cost come from - has this already gone to court at some stage?

Its for the property that i was never a tenant of whoever lived thee should have that bill