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council tax arrear letter know nothing about it

Sassii
Sassii Posts: 251 Forumite
Seventh Anniversary Combo Breaker
Hi All,

This post on behalf of my friend

1- he start to pay for council tax from April 2013 back to Jan. 2012 (the date he start working) in instalment around 222£.

2-He was in holiday from Dec.2013 up to June 2014.

3- When he came back he found final notice letter from council dated April 2014 asking him to bay 39.36£ for year 2011or summon will be issued. He didn’t receive any reminder letter before that.

5- he always pay on time but during his holiday he missed March 2014 payment and of course didn’t receive the new year bill but he managed during his holiday to pay in his council account 400£ on 04/05/2014 (for only just in case reason) so he has around 100£ credit in his account.

6- He got a reminder letter for 182.64 £ on April 2014 which with 39.36 on point 3 make 222£ of missing March 2014 payment.

7- He doesn’t have any letter from court up to now.

8- He called the council and they said he need to pay 50+25 £ extra fees for 39.36.

My questions: how to stop the council from taking those extra fees? & is the council can ask for money which they never state in any bill?

Any help please for what to do?

Regards

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There's no way near enough information here to give a full answer - he needs to go back to the council and ask for a full breakdown of what has happened and when.
    2-He was in holiday from Dec.2013 up to June 2014.
    It was his responsibility to make alternative arrangements to ensure that mail was dealt with whilst he was away.
    When he came back he found final notice letter from council dated April 2014 asking him to bay 39.36£ for year 2011or summon will be issued. He didn’t receive any reminder letter before that.
    The final notice can be issued in lieu of the reminder (depending on the exact circumstances).
    My questions: how to stop the council from taking those extra fees? & is the council can ask for money which they never state in any bill?
    He would need to prove the notices either weren't issued or were done so incorrectly.
    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.
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    edited 4 June 2014 at 5:23PM
    CIS wrote: »
    There's no way near enough information here to give a full answer - he needs to go back to the council and ask for a full breakdown of what has happened and when.

    It was his responsibility to make alternative arrangements to ensure that mail was dealt with whilst he was away.

    The final notice can be issued in lieu of the reminder (depending on the exact circumstances).

    He would need to prove the notices either weren't issued or were done so incorrectly.

    Can He argue as it's council mistake as he never got arrears in 2011 so any court action or fees need to canceled?
    Also Final notice said they sent two reminders before it but he is sure they didn't. Can he ask the council for sending proof?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Also Final notice said they sent two reminders before it but he is sure they didn't. Can he ask the council for sending proof?
    He can do.
    Can He argue as it's council mistake as he never got arrears in 2011 so any court action or fees need to canceled?
    He could try but there's nothing stopping the council now taking action for unpaid arrears from 2011.
    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.
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    edited 4 June 2014 at 11:18PM
    CIS wrote: »
    He can do.

    He could try but there's nothing stopping the council now taking action for unpaid arrears from 2011.

    he is going to send the below letter:


    Dir Sir/ Madam

    According to your Final Notice letter dated 07/04/2014 (attached) please find the below:
    1- I never got any council tax arrears for 2011 & I think it’s a system mistake. If you are sure I do please send payment breakdown & bill for 2011.
    2- Attached last bill I got on 03/04/2013 shows payment agreement between me and your representative for all council tax arrears which all paid and that bill doesn’t show that alleged 39.36£ arrear.
    3- As per your Final Notice letter there were two reminders sent before and after I cam from holiday abroad (from Dec.2013 to 29 May 2014 - ticket attached), I looked to all my letters and I can’t find those reminder letters at all
    I think it’s another system mistake as well but if you are sure those been sent please send copy of those letters and proof of send (might be it sent to wrong address).
    4- While I’m on holiday I managed to cover my council tax account by 400£ on 04/05/2014 to avoid issues like these (confirmation of payment e-mail attached).
    5- If you are agree that was system mistake as explained above could you please stop any further process for that and return to my council account any fees might be deducted for that issue (I expected 63.65£ credit in my council account).
    6- If you are disagree it was system mistake could you please send the required documents along with appeal and complaint process.

    Thanks & Regards
  • Sassii
    Sassii Posts: 251 Forumite
    Seventh Anniversary Combo Breaker
    CIS wrote: »
    He can do.

    He could try but there's nothing stopping the council now taking action for unpaid arrears from 2011.

    We got reply from council shows this problem started when council sent 1st reminder on 06/01/2014(1 week payment daly) although the payment done on the same date the system keep generating 2nd reminder, final notice & the summon. the council knows that but still try to add the summon & liabilty order costs on the bill. the funny thing is the council didn't know any thing about £400 payment up to my freind call them.

    What we can do & can we ask to repeat the court hearing?

    Thanks
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