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Small claims court.

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    s.slack wrote: »
    Thank you for replying I might just take it to the tribunal then. would the small claims not look at the false evidence they have been provided with it would be the company I would take to court not the council? if I could prove there was no lease in place for me to be liable? and would also want the police to look at it because surely its fraud providing false documentation?

    The small claims court could look at whether the company owes you any money but the decision (at the moment) from the council shows you as liable for the council tax. Unless you could prove that the company had agreed to pay this charge then the small claims court would have no case to deal with (they can't hear cases on council tax liability so it would be a monetary argument only).
    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.
  • CIS wrote: »
    The small claims court could look at whether the company owes you any money but the decision (at the moment) from the council shows you as liable for the council tax. Unless you could prove that the company had agreed to pay this charge then the small claims court would have no case to deal with (they can't hear cases on council tax liability so it would be a monetary argument only).
    Well they haven't agreed to pay the charge they have provided false documentation to say that I am liable when I'm not which is what I wanted to prove in court, I understand the council are holding me liable but only on information that is false, so is there nothing I can do to this company then because the council say I am liable on the information they have provided? does that mean anybody can just say anybody is liable and write up false information and get other people to pay their bills? surely there has to be some recourse?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    does that mean anybody can just say anybody is liable and write up false information and get other people to pay their bills? surely there has to be some recourse?
    The council have to make a decision and rightly or wrongly they have - that decision has to be challenged by a Valuation Tribunal and another court (unless it's the high court or above) cannot make a decision which overrules a Valuation Tribunal.

    The issue over any false documentation would need to brought to court via another route - I would guess either private prosecution or a report to the police as the small claims court would only look at it if there was a dispute over agreements to pay (e.g. a breach of an agreement to pay).
    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.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What about sueing the landlord? The court will then want to see the signed contract.

    and/or go to the police if you think there's an element of fraud here
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