Advice on council tax dispute

huwy123

Hi,

I'm trying to help out a girl in my office who is really upset about a council tax dispute.

A couple of years ago she lived in a shared house with some other girls. About a month ago she received a council tax demand for outstanding payment for a date before she moved in. She was of course unwilling to pay the council tax for when she lived there.

The council (cardiff) took them (i.e. her and the other girls) to court. However the problem was that the girl was away on holiday at the time. She called the council to tell them that she would be away, but the course case went ahead anyway. I guess with hinsight she should have contacted the court??? The result is she's now being chased for the payment AND court costs - she has had a letter saying it will be taken out of her wages. Presumably she now has a CCJ against her, and this will leave her with credit problems.

Does anyone know what she should do now, as the court judgement is totally unfair. Can she appeal? Is there someone she can speak to about this?

I really want to be able to help her out with this as she's a lovely girl and I can't stand tears! Any help is greatly appreciated.

-H

Floss

Has she got proof of when she moved in & out? she needs to go to her CAB with as much evidence as possible, and ask them to help her sort it out with the council & court.

grade15

even before the court case..didn't see have a chance to appeal the CT decision?
is the any insanity..even in court..
how can u charge someone CT even before u move in?????
I thought the CT, adjusted the days to when u do live at the property..
I think u can appeal and this time..do some research and documents and proof to the case..
u can speak to citizens advice burea..but awkward times to visit them!!
and don't bother phoning them,..its endless loop answering machine!

huwy123

Thanks for the reply. She is trying to get documentation from the letting company she used when she lived there - but they are not being helpful. I told her to go down to there office and refuse to leave until they give her the relevant documentation!

grade15

y not go to the council tax office..and tell them about how they can charge the girl in the office, CT when she wasn't even in the property..and say that she will pay for the days that she was..and tell them to call off the dogs..
and now the sun is shinning..ops that was yesterday!

Pigeongirl

If she has a CCJ then she can apply to the court on form N244 to have judgment set aside and explain her reasons for wanting this. There is usually a fee of £60 or so to do this. There will usually be a hearing date set so she can plead her case brfore a judge.

EDIT: This is only relevant if it is a CCJ though and not through magistrates court. Don't think council tax is handled by county court usually.

rchddap1

She really needed to have all this information before the case....and then to have attended court. This would have solved the problem. Without her going to court all the council had to do is essentially say....this is what we want....and the court said .... ok then. This is because there was no defence.

By simply telling the council she wasn't going to be there chances are all they did was rub their hands with glee.

I'm not sure what she can do now as the court case has already been processed. The council have been given permission to take this money and I suspect that the only way to stop it would be to find a very nice person at the council (slim chance) or to go back to court (which will probably cost her).

CAB is probably the best place to go, as she has kind of shot herself in the foot.

MrsTinks

when you get adviced that you have a court date there is usually information on how to inform them if you can't make it etc. Contacting the council would not be on the list is my guess, so it's her fault for not turning up or notifying them about why she couldn't attend.
Harsh yes but sorry it's the facts...
An appeal should be possible but yes it will most likely cost money - might still be worth it depending on the sums and the damage to her credit file.

Good luck

huwy123

Thanks everyone for the quick response. To give an update she has now obtained the letting documents and has found a helpful person in the council (there are some!). So she is making some progress on this.

bargainbetty

Hey Huwy,

I'm echoing everyone here but here goes. Tell her to get straight down to the letting agent and demand her paperwork. If they refuse to provide it, tell them they are breaking the law under the Data Protection Act, in that she has a legal right to see any documentation related to her upon request.

Then, take the papers to the CAB. Have them contact the court, or a pro bono solicitor and apply for an appeal, and for the judgement to be set aside pending that appeal.

Have her provide a statement of evidence, detailing her dates of residence, dates of threatening communications etc. If she informed the council in writing of her inability to attend court, include that too. Not much, but something.

Include a formal apology from her for failing to attend, pleading ignorance of process and her genuine belief that she bore no responsibility for the demanded monies.

Once the court sees that she was not in residence at the time, it should be set aside. If she gets the result, have her wait three months and then apply for a credit report, to check the CCJ has been removed.

And tell her next time don't be so damn stupid. Keep all your papers, keep records of letters sent and don't ignore a court summons. It's not her fault that the council screwed up, but ignoring court dates is just daft. They do not mess around.

best of luck x

Floss

huwy123,

let us know how she gets on....;)