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Local council's 7-year-old debt collection

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Comments

  • vax2002
    vax2002 Posts: 7,187 Forumite
    An old credit file bought by Shark debt collectors at auction,
    The local shark around here used to wheel clamp, then got prosecuted for running fake charity bag scam and now buys old out of date credit files at auction and tries to frighten statute barred debtors to paying him.
    All run from the spare room in his house
    .
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Unless all the correspondence was going to the previous address. Debt collection agencies are usually much more aggressive about chasing down people's current addresses, and it's often not until your debt's been sold that you find out about it. The original company (in this case the council) don't bother with the hassle of finding you - just keep writing to you at the old address.

    Thanks everyone so far for the help! :)

    We were in our previous address for two months shy of six years, and been at our current address since last September. At all times the council's been aware of my OH's whereabouts. I've even had mail from the council confirming that we've moved out of the old address and into the new one (so there's no way, as far as I can see, that his name would still be attached to our old address).

    Also, as our old flat is owned by a friend of ours, we've managed to pick up some (though not all) of old post, but nothing there from the council.

    So, if the council have been aware of his address at all times, surely the onus is on them to write to the correct address, and not to penalise us for their laziness/inefficiencies! (Though I'm sure this has no legal standing at all...)

    I know it's only £31, but the point is, is that because we've suddenly had our tax credits cut in half, we're having to cut back on basics such as food, and when you have a toddler in the house and another on the way, forking out an unexpected £31 within such a short space of time (14 days) is a lot to ask. Add to that the fact that my OH's job doesn't have regular hours and is in a quiet patch for the next couple of weeks, so he's not going to have any money going into his account and I'm currently having to pay for everything. We're working on upping our income; of course we are! But it ain't gonna happen within the next two weeks!
  • akitabow
    akitabow Posts: 89 Forumite
    Ask the council to reconsider the debt (take the debt back) and make a suitable repayment option with them even if its like £5 a week it will soon be cleared and all this hassle will go away. The unfortunate thing with councils and governments in general is that they have a way of being able to put the onus of problems on the individual and not take responsibilities themselves.
    " When life keeps trying to let you down just remember you are not full of hot air so cannot be deflated"
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    Simply ask them for documentary proof. Trip them up with simple questions like what address, what dates exactly?
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
  • pmduk
    pmduk Posts: 10,687 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The pertinent point of the OP was that their partner was on benefits at the time. This should, in theory make the debt unenforceable as it shouldve been paid for as they were on benefits.

    Many people on non-means-tested benefits have to contribute to their council tax so the above isn't always the case.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The pertinent point of the OP was that their partner was on benefits at the time. This should, in theory make the debt unenforceable as it shouldve been paid for as they were on benefits.

    In this situation Council Tax is payable until such time as Council Tax Benefit has been awarded in full (or the liable person pays) - the fact that the amount of benefit paid may not be the full amount a person may have been due is not a reason for not granting Liability Order. In Council Tax legislation Council Tax Benefit has no special status and is treated no differently to a cash payment against the outstanding balance.
    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.
  • oldone_2
    oldone_2 Posts: 974 Forumite
    My own suggestion is to write back to the council saying that you are not aware of owing them anything, and could they supply detailed calculations showing how they arrived at the £31.

    Also contact the debt collectors saying you are disputing the debt, and it should be returned to the Council.
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    vax2002 wrote: »
    An old credit file bought by Shark debt collectors at auction,
    The local shark around here used to wheel clamp, then got prosecuted for running fake charity bag scam and now buys old out of date credit files at auction and tries to frighten statute barred debtors to paying him.
    All run from the spare room in his house
    .

    All very interesting but nothing to do with council tax debt.

    If this is genuine, it most certainly will not be an old file purchased by "shark debt collectors".
    If you don't stand for something, you'll fall for anything
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