Newlyn bailiffs regarding council tax.

altin_2

you will need to go to the court hearing at the time shown on the summons.

I never received a court letter.

CIS

I never received a court letter.

The council only need to show they posted it to the last known address for it to have been served correctly.

bod1467

Unfortunately (IIRC) they don't have to prove you received any letter, only that they sent it.

Gothicfairy

We moved out of our house before April 1st (new tax year) but still got a bill for the whole year and they took us to court for the whole amount as well.
We did tell them we moved out as we were repossessed through the court and took the papers down to the council office that day etc..They said they didn't get it even though we could show who we spoke to and when.
They sent the summons to the old address and again though we said we didn't get it as the mortgage company had changed the locks we were still expected to pay the court costs.


We are at the stage now where they have removed the debt but still want £60 court fee's which we don't have and they are going to get the bailiffs in for that amount now so I would never recommend that people just ignore anything council related and am surprised to read that anyone would even suggest that.

hallowitch

Gothicfairy wrote: »

We moved out of our house before April 1st (new tax year) but still got a bill for the whole year and they took us to court for the whole amount as well.
We did tell them we moved out as we were repossessed through the court and took the papers down to the council office that day etc..They said they didn't get it even though we could show who we spoke to and when.
They sent the summons to the old address and again though we said we didn't get it as the mortgage company had changed the locks we were still expected to pay the court costs.


We are at the stage now where they have removed the debt but still want £60 court fee's which we don't have and they are going to get the bailiffs in for that amount now so I would never recommend that people just ignore anything council related and am surprised to read that anyone would even suggest that.

Make a formal complaint to the to CEO of your council
if you were not liable for the council tax i cant see why you are being charged court fees

CIS

We are at the stage now where they have removed the debt but still want £60 court fee's which we don't have and they are going to get the bailiffs in for that amount now so I would never recommend that people just ignore anything council related and am surprised to read that anyone would even suggest that.

Any costs incurred by the council in chasing the account are fully recoverable by liability order, irrespective of the fact that there may now be no liability. To get to this stage has cost the council.

DVardysShadow

CIS wrote: »

Any costs incurred by the council in chasing the account are fully recoverable by liability order, irrespective of the fact that there may now be no liability. To get to this stage has cost the council.

Eh??? :eek::eek::eek:

That is a pure nonsense, assuming that all liabilities were discharged at the point the council initiated proceedings. If it were so, then the council would be at liberty to initiate proceedings against anyone for any property regardless of facts and when confronted all they have to say is "oops, sorry guv, you don't owe us anything, that'll be 60 quid please."

vax2002

Quite often the council are UNABLE to produce an actual Liability order.
They have even produced FAKES and forgeries when asked to do so.
A genuine Liability order will have a
Court case number
A court seal or stamp
The WET signature of the Magistrate signing the order and a title naming who has signed, it will also need to be dated by the signatory.
They often cough up a fake order with no magistrates signature, no case number just some scribble because they never went to court in the first place.
Then they allow debt collectors to impersonate bailiffs with no court order.
The who thing is a sham from start to finish.
You can not even "appeal" because you can not appeal what never went to court in the first place.

arcon5

CIS wrote: »

Any costs incurred by the council in chasing the account are fully recoverable by liability order, irrespective of the fact that there may now be no liability. To get to this stage has cost the council.

So what your saying is...

if I pay my £1000 council tax bill and have proof of payment, if the council fail to account for it and subsequently spend £200 trying to recover a debt that doesn't exist dispite the fact i've offered proof of payment -- I would still be liable for the £200?

I'm hoping i've mis-understood your post because that doesn't sound correct in the slightest. If the council incurred costs chasing a debt that doesn't exist then that's their problem/fault.

Gothicfairy

CIS wrote: »

Any costs incurred by the council in chasing the account are fully recoverable by liability order, irrespective of the fact that there may now be no liability. To get to this stage has cost the council.

This is what we have been told although I do think it is highly wrong and unfair as none of this is our fault and I can't see why I or my husband should pay for their error but they don't agree.

We are stuck between a rock and hard place as we can not afford the money they want but don't want to lose any more of our stuff (we have hardly nothing left now as it stands anyway)

All seems a bit harsh to me and we are going to write to the head of the council and our mp/mayor anyway and see if that helps.