Old Council Tax Demand from 1998 - Scotland

flip01

Hi, If anyone could help with this, it would be much appreciated, thanks. My partner recently received a demand from the Sheriff Officers for Council tax, spread over 1998/99, for an address she formerly lived at.

The house in question was a privately rented house, but she did not live there until the end of 1999, which is after the period in question. The council say the home owners have told the council my partner was living there at the time, which is incorrect.

To cut short a long story, the council are saying she has to prove where she lived during that time, if she cant do that then they will press for an attachment of earnings. Problem is, she was only 20 in 1998 and was living with her parents, which the council say they have no record of that either.

Help!

PS
We did apply to buy our council house together 5 years ago, which ultimately we did not go through with as we felt the councils value of the house was way overpriced. But part of that process was checking of Council Tax history, which came back all clear.

Angry_Bear

Call them up and speak to them - sometimes they can be surprisingly reasonable. Offer to have your partners parents sign something saying she lived with them until late 1999 - then it's your partner and her parents word against the people who own the house she eventually rented.
Ask to see any evidence they're using that she lived there in 1998 and what date they're claiming she moved in. Look through old paperwork for statements and so on (although you probably won't have anything that old).

flip01

Hi, she did call them up after receiving the demands, and they were very unreasonable. They said they had no record of even the parents living at another address, let alone my partner.

Simply put, they said she had to prove with a utility bill or bank statement or similar, in order for the council to let it go. Obviously it being 15 years ago, she has nothing like that.

She even applied to the bank and paid for historical statments, but when we got them it appears the account was not even opened until 1998, which was after the period in dispute.

spacey2012

Start from a position of Knowing you are not dealing with normal reasonable people and you will find the task at hand much easier.
Also work on the basis that they know she was not living there but think she can not "prove it"
Visit a solicitor and obtain a signed affidavit to the effect and send them it.
Most have a nominal charge for this.

flip01

I thought the onus was on them to "Prove it" rather than us to prove it. The thing is, it wont go to court where we could plead a case, rather the council will instruct the Sheriff officers to attach earnings.

Angry_Bear

flip01 wrote: »

She even applied to the bank and paid for historical statments, but when we got them it appears the account was not even opened until 1998, which was after the period in dispute.

If she didn't move to the house until 1999, then these statements should be exactly what you need (i.e. from bank account opening until house move). Did you typo the date, or have I missed something?

spacey2012

flip01 wrote: »

I thought the onus was on them to "Prove it" rather than us to prove it. The thing is, it wont go to court where we could plead a case, rather the council will instruct the Sheriff officers to attach earnings.

Who would have to be told that signed affidavits have been deposited on the council.
Dont for one second under estimate these people and bare in mind the thought that they already know but enjoy trying it on.
Two signatures from senior officers gives them power of investigation to bring up all details of where she lived, bank accounts, amounts in/ out, credit checks, inland revenue/ national insurance payments and deductions and much more.
The last thing they are is reasonable, power corrupts.

flip01

Angry_Bear wrote: »

If she didn't move to the house until 1999, then these statements should be exactly what you need (i.e. from bank account opening until house move). Did you typo the date, or have I missed something?

Sorry, I had entered the wrong date. The account was opened when she moved into her next house, so 1999.

magpiecottage

I suggest a complaint to the council.

If that does not produce a satisfactory outcome, refer the matter to the Local Government Ombudsman