Manchester City Council Tax: Bailiff Visit but only just notified.

DVardysShadow

neverdespairgirl wrote: »

Surely there's a statutory declaration route, that none of the notices were received?

I know nothing about law. But having had a google around, it does seem that the liability order is just about final for any ordinary mortal - to the point that the order itself overrides the facts of the case.

clutton_2

if OP could find out in writing that it was the letting agent who informed the council he had moved in i suppose he could sue the letting agent....

RobertoMoir

neverdespairgirl wrote: »

Surely there's a statutory declaration route, that none of the notices were received?

In terms of how a LO works I think the response to that might be "Well that's nice but it doesn't change the fact that the debt is owed".

The test for the granting of a LO is, if I remember rightly, strictly based on "is the debt owed, yes or no" and that's it.

princeofpounds

Each and every council has a schedule of liabilities for council tax. This is a document which states a list of people who could have liability for council tax, and the council will go down the list until it hits the first person who qualifies.

So it's normally something like:

owner-occupier
occupying tenant
non-occupying tenant
non-occupying landlord
etc etc

Presumably the landlord or the letting agent phoned up the council and registered you as the tenant (very probably before you turned down the place and your surrender of the tenancy was accepted).

Any warnings would have gone to the address you never lived at, so no-one should blame you for the situation.

Whilst the liability order is binding in itself, I do not believe it will be impossible to get the court and/or the local authority to change their mind, but it will require a bit of work.

As anyone can just ring up and put a name on the council tax register for an address it would be ridiculous situation if this was forevermore binding under all circumstances.

Your best bet is to try both the council and the courts. You will have to move quickly because council tax debt is more serious than ordinary debt, with greater powers of recovery and punishment. For that reason, you might also wish to look into hiring a lawyer. If I can think of anything that might help you.

princeofpounds

Example of a schedule of liability:

http://www.lambeth.gov.uk/Services/AdviceBenefits/CouncilTax/WhoHasToPayCouncilTax.htm

princeofpounds

Something on liability orders. Given they are just rubber-stamped I doubt they are impossible to overturn.

http://www.bailiffadviceonline.co.uk/counciltax.htm

These people seemed to settle a LO by talking to the council direct

http://www.consumeractiongroup.co.uk/forum/local-authority-council-tax/251748-can-c-tax-liability.html

Read the section here about 'other complaints'. It would seem that you need to make an official complaint and appeals may be heard by the valuation tribunal. you might need to pay the order in the meantime.

http://www.adviceguide.org.uk/index/life/tax/council_tax.htm#Appeals

More details on appeals pg 20-22.

http://www.communities.gov.uk/documents/localgovernment/pdf/1198171

CIS

Example of a schedule of liability:

http://www.lambeth.gov.uk/Services/A...CouncilTax.htm

The hierarchy of liability is set out under section 6 of the local government fiance act 1992 - http://www.opsi.gov.uk/acts/acts1992/ukpga_19920014_en_2#pt1-ch1-pb3-l1g6

Fire_Fox

This is far too serious to be dealt with by telephone, you need to address the issue in writing by recorded or special delivery.

pmhtuk

Hi all

Thanks very much for your replies.. I've just read through them and would like to explain what has now happened.

I sent a letter by fax to both the Council and the Court the following morning explaining that I hadn't been resident. The letter also explained that if Manchester council had indeed checked their internal records, they would have found me (I dont have a common name) living in one of their properties and paying council tax to them since September.

I also explained that due to an arguement with the letting agency over the condition of the house and how it was when we'd viewed the property, they agreed that we didn't have to move but would surrender 2 month's rent. We've since taken them to a small claims court for a different reason and won the money back..

I had a call the following morning from the Council at 9.10 - they had read my letter and the advisor was apparently a manager there and couldn't apologise enough. They'd explained no CCJ had been put in place and that they'd speak with the court in regards to the matter, with a letter of apology going to me and my partner.

With my fax, was a copy of my exemption certificate for the Wigan property, from Wigan Council, as well as details of paying council tax to Manchester, with no break.

Indeed the manager advised they'd been trying to charge for July-August 2009 which was when I was still in Wigan, and had proved this on the document. They said they wouldn't continue the matter.

Whilst all sounds good, I'm waiting for the written letter from them to confirm it's been sorted. Then I'll decide what next to do as I still feel the first communication with a customer shouldn't be a warning of bailiffs coming to my house. They'd found my address when they physically were coming for the money, but didn't beforehand..

Anyhow, thanks once again. I'll await their letter!

P

clutton_2

a good result !! but all that stress - you dont need it do you ?