Council Tax - Liability Order

gurps_cov

I wonder if anyone can help me with my situation.
I recently, unexpectedly received a letter from Bristow & Sutor - a civil enforcement agent stating that I owe Coventry city council a sum of money for unpaid council tax for a property that I used to reside in 2 years ago.

I rang up the council and explained that I left that property 2 years ago and it was repossessed by the mortgage lender shortly after I left.
I always thought that you are not liable for council tax if the property is unfurnished and unoccupied (which was my case). When I left the property I informed the council of this and they set up an exemption.

However after speaking to the council tax representative I learnt that any such exemption is for 6 months only. So basically you still have to pay the tax as long as you are responsible for the property. This seems unfair to me but...ok I guess I can't change the law.

The lady then explained to me that the unpaid council tax was for the period when the property was outside the exemption period and up until the point it was repossessed.

When I asked the lady why the council had not sent me a bill after the exemption period ended and why did they go straight to the courts to obtain a liability order.
She replied that I had been irresponsible and not given them a forwarding address when leaving the property and that they had to use credit reference agencies to obtain my current address to issue me with a notice from Bristow and Sutor.
I found this absurd since I know I DID give a forwarding address.
When the lady then checked her records of the conversations I have had with the council in the past, she realised that the council had made a mistake. She succesfully found the forwarding address on file.

They had been writing to my old address all the time and then obtained a liability order against me since they received no reply from me. As a gesture of good-will she said that they would stop Bristow and sutor commencing with any further action.

That was a relief to me however the lady on the phone said that they still want £455 payable in the next 7 days.

Can they do this legally? How can they issue me with an order to pay that much money in 7 days without sending me a single bill? Surely I still have the right to pay by instalments since the council was incompetent in this case. They had my forwarding address but never used it. Therefore I think the case should be rolled back to pre-liability order and I should be given the chance to pay by instalments that I can afford.

Furthermore, the property was under my name and my ex-wifes name. We divorced during repossession. I believe council tax is a joint liability. Therefore should they not be writing to her too?
Any such liability order should surely have her name on it too???

I feel that the council have acted irresponsibly. If they had wrote to my forwarding address in the first place, I would have paid them straight away.

I can’t imagine what they have done to my credit file by going through the courts. Is there any way I can get this liability order unlinked from my name?

Any advice on this matter appreciated.

CIS

However after speaking to the council tax representative I learnt that any such exemption is for 6 months only. So basically you still have to pay the tax as long as you are responsible for the property. This seems unfair to me but...ok I guess I can't change the law.

You have been awarded a Class C exemption which last for only 6 months however from the date of re-possession a Class L exemption is applicable - this is not time limted and remains in force until the property is sole or occupied.

That was a relief to me however the lady on the phone said that they still want £455 payable in the next 7 days.

IF they have used the wrong address and have withdrawn the liability order then they must issue a demand notice giving 14 days notice of payment before a final notice (which gives 7 days for full payment) can be issued.

It sounds like they have not withdrawn the liability order and have offered 7 days before taking further action.

The address is a sticky point (although I generally withdraw and re-start any action) as although you had given them it you are also responsible for ensuring that you pay any council tax due. Even if it means chasing them to ask why you didn't receive a closing bill. The address issue is something that you need to argue out with although I would say that by their admission they should withdraw it.

Furthermore, the property was under my name and my ex-wifes name. We divorced during repossession. I believe council tax is a joint liability. Therefore should they not be writing to her too?
Any such liability order should surely have her name on it too???

You are both jointly liable although the council can pursue once person individually for the full balance if they wish to . Each person is summonsed to court individually and so they will issue a liability order against each person individually.

I can’t imagine what they have done to my credit file by going through the courts. Is there any way I can get this liability order unlinked from my name?

It doesn't affect your credit rating.