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Council tax confusion

If anyone could help me with what to do, I'd really appreciate it.
I have mental health problems and receive incapacity and DLA.

When I lived in my previous house, myself and my partner received a liability order regarding council tax (This was 11 months ago) informing us we had 7 days before bailiffs.
We were told by the council to get out council tax backdated as well as our housing benefit.

We put in a backdated claim. We provided all the evidence necessary, I had stopped full time study a few months after the claimed 'liability' so they asked for proof of that.
To my knowledge, that was done. I have letters from them confirming how they worked out my income for the period that I was still a student and for the period after when I wasn't.

In the period afterwards, it emphatically states that for that period I was under the applicable amount and eligible for full housing benefit. I've lost the parts that state council tax entitlement, but surely being under the applicable amount, means I would have been entitled to the full amount?
I also have a letter stating a payment of council tax benefit of at least £456.88 for that year and payments of £17.95 per week from the 5th of October onwards.
We were told, (Not in writing). That the issue of liability was now settled.

Two and a half months later, we moved. And in that period had received no contact from the council or bailiffs.
Yesterday, I received another liability notice from the same council. Stating the exact same hearing from 11 months ago and the exact same 7 day period.
It came with a new bill, that ignores a 3 month period in which I was a student, ignores the date me and my partner moved (It claims liability for a further 3 months), claims there was one week in which we didn't live at the property and claims that only £287 of council tax benefit was paid.

I gathered up all the above documents, and called the recovery department earlier today. Only to be told that my letters don't matter, because only the bill on their system counts and that the letters showing how they worked out my income (including for the period when they accepted that I was a student) don't count because it never happened and isn't on the system.

They told me to get a student certificate, which I'm currently awaiting a call back from my university. (Luckily, it's close by)
And to put my change of address and move date in writing.

But what can I do about the amount they claim I owe? I don't have any letters showing my council tax entitlement before the 5th of october 2009 but they said that wouldn't be proof regardless.
Can I ask the DWP to send copies of my entitlement for IB and DLA for the period of the claimed liability? Which would show my income as £37 under my applicable amount.

I really don't know what to do. To my knowledge I did everything I was told and now I feel physically sick, dizzy and my head is pounding so much I can barely stand to read.
They've told me I have two weeks to get the forms in, but how could they sit on the issue for 11 months when I gave them my new address when I moved?

If anyone can give me any advice, then thankyou.

Comments

  • sounds complicated and to be fair i think you need to sit down with someone on this for advice,i`d suggest if possible citizens advice(take all the evidence you have with you),and if you ask the dwp they should be able to provide the evidence you need from them easily enough.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You first need to get them to clairfy the periods of liability covered by the Liability Order and the amounts of CTB paid. It can be difficult to work out the liabilities when you have the figures nevermind without.

    The most common issue with regards to CTB and Liability Orders is that CTB can be paid and then reclaimed, this means that beacuse CTB is not granted any special treatment under Council Tax law you have a zero balance one day and a charge the next quite easily.

    e.g If a liability order was granted for , say, £1000 and you are then awarded £1000 CTB then you would have a zero balance however if £500.00 was then re-claimed the liability order could then be enforced for £500.00.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Good advice from CIS, but it may also be worth getting hold of your local councillor and asking them to put a halt on any further liability notice whilst you sort out the mess.

    And please put everything in writing, photocopy it and send it registered post, so you have proof they got it and do not have to mess around re-writing letters.

    Do not send them original documents, take them in and ask them to copy them for their files.
    If you've have not made a mistake, you've made nothing
  • Thanks for the advice everyone:)
    I'll try and get an appointment with citizens advice.
    I'm guessing I should ask for a breakdown of the liability and CTB in writing and that I should keep all correspondence in writing from now on?
  • RAS
    RAS Posts: 36,154 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good idea as it is harder for them to deny stuff.
    If you've have not made a mistake, you've made nothing
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