council tax ccj help

Lexxi

I moved properties in January my OH phoned council tax to tell them and they said they would send a final bill, someone from council tax phoned me about it after the move then said they would send a final bill. I didn't get anything from council tax about a final bill but it had totally slipped my mind, there was so much else going on and as I was waiting for contact from them I didn't think about it.
Towards the end of march I got a letter from council tax about the previous property to my new address. It was detailing the council tax for the old property for 2010/11. I emailed them and told them I left in January and they had been told of this.
I have had a reply saying there was money outstanding and there is a liability order against me.
They never even wrote to advise that there was money outstanding! I know they are supposed to be let me arrange to repay but they've just skipped all that.
I'm not sure what to do, we're out of work and are in the process of claiming benefits so don't actually have an income right now.
Sorry if I'm waffling, they sent me a form about my income and outgoings and I've sent it back to them but they take up to 14 days to reply to emails. I can't phone them. My friend said she would deal as she knows about this but I'm getting anxious and I know she has other things going on.
We've moved again and at the moment the don't know where we are, I've given them my parents address as my mum is keeping my post organised for me.

What do I do?

Tixy

Hi

You need to be careful with this. Once there is a liability order if you do not make an arrangement to pay they will instruct baliffs. Baliffs will then turn up at the property they think you are living at (not clear from your post where that would be - possibly your mothers).

Can you prove that you moved in January? Are you still with living in the same council area? are you now paying council tax on another property?

How much is the liability order for?
How much of the bill for 2009/10 had you paid before you moved out? were you up to date at that point? if so I would imagine there is very little outstanding.
Have you registered on the electoral roll at your new property?

If after you have shown how much you can afford to pay and offered a repayment plan, and proved what date you vacated the property they still won't accept your plan it might be worth contacting one of the councillors from the council to show you have done all you can and the council are not helping.

Remember council tax is a priority debt and should be paid before any consumer credit debt or any luxuries. If your income & expenditure showed any outgoings for unsecured debts or luxuries they will discount these before deciding what you can afford to pay.

Lexxi

Thank you for your reply, I've listed my answers below.

I;m not living at my mothers I'm just using her address, we came out of a company and I couldn't deal with the dca post so she said to se her address, this was before we knew about the council tax problems

I have the tenancy agreement for the property I moved into in January and the outgoing details from the property where the council tax is otstanding.

I have sent back the form they sent to me detailing my incomings and outgoings with a note to say that we have no income at present but with an offer to pay

I moved to a different council tax authority but they were given my forwarding address at least twice.

I have just moved again and haven't contacted council tax where I am yet.

The outstanding amount is about £300. I moved into the property in November and the council tax was up to date, I don't think I paid Januarys due to money issues but they were told we were moving and told me they would send a final statement.

They haven't yet got back to me about my offer to pay, I get an automatic response saying I will hear from them in 14 days, last time I emailed them it took much longer, there is just a general email to email to not an actual person.

How do they get to decide what is a luxury? We were spending at least £200 a month on petrol, this was to get to job interviews etc which is something we need to do.

DarkConvict

Luxaries are going to be things like sky tv, mobile phones (PAYG would be okay if your not topping up like £20+ a month, although landline or mobile is usually acceptable, but without a landline you generally have no internet)
Gym memberships, entertainment budget like dvd renting/buying, meals out etc. Clothing budgets are looked into aswell.

With priority debts you need to cut back and get them paid asap, as unsecured creditors do not like been paid less, but you have to do it to pay of a priority debt.

Lexxi

Thanks for that. We each have a mobile and are tied into contracts. They are reducing as we're not using them as much due to not working. We have no landline, sky, gyms and don't really go out much, clothes are only bought as necessary and we're fine right now.
We don't have any particulary outrageous spends. I'm trying to make an agrrement with them but they take so long to reply to any emails

Tixy

It might be better to send by the post. Whilst in theory a postal letter will take longer to get to them, you may well find that they deal with it quicker, as it should be processed/passed to the correct person the day it is opened. With a generic email it can take a week to get to the correct person. Or you could call the council and ask for an email address for the person/team who deal with council tax arrears.

Lexxi

Thanks, I didn't think of writing to them. I'll try that. I just checked their acknowledgement email again and they actually have 14 working days to get back to me. They were quick enough to send it to court! Is there anyone I can complain to surely they should let me know they're sending bailiffs after me, if I hadn't have been sent this years council tax bill to my new address then I wouldn't know anything about it!

CIS

If the demand were issued correctly (non receipt is not a defence if they were posted correctly) then you have no defence. The onus is on the council tax payer to ensure that all council tax is paid correctly.

They were quick enough to send it to court

To get to court a demand notice, at least one reminder and a summons has to have been issued.

Is there anyone I can complain to surely they should let me know they're sending bailiffs after me

A 14 day notice of bailiff action needs to be sent but was likely sent as per the prev documents.

Lexxi

But I gave them my forwarding address twice for them to send the final bill to.
They must have thought I was still living there as they have issued me with a bill for this years council tax but to my new address.

CIS

But I gave them my forwarding address twice for them to send the final bill to.
They must have thought I was still living there as they have issued me with a bill for this years council tax but to my new address.

If the council have been given the address and not used it then there is a procedural error and the council 'should' withdraw the action on that basis but you need to speak to them reagrding this and check were they issued the documentation to.

Lexxi

If bailiffs turn up I can pay them an amount cant I? Without letting them in