Challenging a CCJ for council tax

Willow_K

Hi - hoping someone can help

My daughter was living in a flat with a partner. When she moved out, the letting agency said they would notify the council tax along with all other utility providers on her behalf. They notified the utilities but not the council.

She regsitered for council tax at her new address and assumed that as the agent had said that they were going to also inform them of the move that she didn't need to do anything else.

The next she heard about it was when the bailiffs wrote to her telling her that it had been to court, a CCJ had been issued and she was liable for the money (which has been paid).

The council alledge that they sent letters to the old address, which she never received. She heard nothing at all about the CCJ until she received a letter from the bailiffs at her new address. She went into the council and they confirmed that the CCJ had been issued.

As she was not aware of the court hearing and was not unwilling to pay the bill - is there anything that she can do to get the CCJ overturned? The bailiffs were obviously able to identify her new address, so I don't know why the council were unable to do the same, particularly as she was paying council tax for the new address.

Also, if it is possile to challenge the CCJ is there any time restrictions?

She is only 19 and just starting out on family life and it would be good if this was not hanging over her for the next 6 years.

Any advice gratefully received.

HappyMJ

I have never heard of a council getting a CCJ against someone for not paying council tax. Which council? Which court? Is it a Liability Order from the magistrates court? Not paying a council tax bill will not affect your credit file but I await to be corrected.

CIS

A CCJ can be issued for council tax but its very, very rare as council tax legislation has its own built-in method of recovey, as HappyMj has suggested its almost 100% certain its a Liability Order thats been granted via the magistrates court. This does not affect the credit rating and is not stored on a file that is accessible to credit agencies.

It is the responsbility of council tax payer to advise the council regarding moving etc, not the managing agents. The council can bill to the last known address which it appears they have done in this case.

so I don't know why the council were unable to do the same, particularly as she was paying council tax for the new address.

The council are not always able to know that Mr Smith at 123 ABC street was the same Mr Smith who was at 123 No Street. Its surprising difficult to link people if they dont give you the address (I know from experience) but it is easier for the bailiffs as they can go door knocking and using tracingsystems to try and locate people.

As she was not aware of the court hearing and was not unwilling to pay the bill - is there anything that she can do to get the CCJ overturned?

Short of asking the council nicely there doesnt appear on the face of it to be any reason for a laibility order to be overturned. An appeal against the order would need to done by the High Court - http://www.harrow.gov.uk/info/65/council_tax-appeals/772/council_tax-grounds_for_appeal/3

Willow_K

Thanks for the help.

DGJsaver

Why was she `not unwilling to pay the bill` when it looks like (from what you post) she didnt occupy the property at the time the bill relates to ?

dancingfairy

If the council were aware that she had moved out and the liability order realtes to a period after she had advised them she moved then she would no doubt be able to challenge the liability order.
At the moment though:
a) it won't affect her credit record as it is not a CCJ (As far as I am aware)
b) she needs to get in touch with the council and/or ex to get any remaining debt paid off (including liability order costs and possibly bailiff fees (depending on when the actual council tax amount was paid) - bear in mind that if the liability order is in both names then the council will chase whoever they can - ie either or both - whichever they can get the money from - it is not a case of half and half.
df