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Council Tax Arrears (need help pretty badly)

2

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Since we have made it clear to the council that we no longer reside at that address I get the feeling the council has tried to charge the landlord council tax but hes either ignored it or refused, meaning the debt is back on our hands.

    Was it a landlord or a managing agent you dealt with, out of curiosity ?.
    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.
  • I also tried to upload and show you a picture of said email (Albeit anonymized) but newbies aren't allowed to post links.
  • Directly with the landlord.
  • NICHOLAS_2
    NICHOLAS_2 Posts: 613 Forumite
    CIS wrote: »

    It's not a debt collector the council are using, it's an enforcement agent (formerly bailiffs) with a lot more powers than a debt collector.

    Sorry, what is the difference between a debt collector and an enforcement agent?

    I have council tax debt that is over 12 months old because it got passed to an 'enforcement agent' and i've had one letter from them in that time, which seemed to contain a false threat, and they've not done anything? Just as debt collectors don't do anything, other than knock the door?

    I thought the only difference between debt collectors and bailiffs was that certain bailiffs get given permission by a court to break in to the property and obtain assetts by force?

    I wonder if the landlord has tried to pull as fast one with the council tax by pretending the guy was still living there :D although some councils allow for a council tax free period of time when a property becomes empty.
  • sourcrates
    sourcrates Posts: 31,828 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    NICHOLAS wrote: »
    Sorry, what is the difference between a debt collector and an enforcement agent?

    Debt collectors collect debts, they work on a self employed basis, and are contracted to debt collection agencies.
    They have no more power than any other member of the public.

    Enforcement agents are one step up, and operate under the powers of the county court, they can charge certain fees for different visits.

    High court enforcement officers have the most authority, and work a lot quicker than a regular agent, they also have more powers available to them.

    Hope that helps.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • NICHOLAS wrote: »
    I thought the only difference between debt collectors and bailiffs was that certain bailiffs get given permission by a court to break in to the property and obtain assets by force?

    Which doesn't apply in this case.
  • NICHOLAS_2
    NICHOLAS_2 Posts: 613 Forumite
    Bedsit_Bob wrote: »
    Which doesn't apply in this case.

    So other than the extra fee's that they can charge, there isn't much difference really, is there?

    I spoke to my local council around the time they passed the debt to bailiffs and they said that when the bailiff gets tired they will pass it back to them and said that it is up to the bailiff to then chase their fee. I wonder what powers they have with regards to chasing their fee's? My feeling is little? Not trying to gazump the thread btw OP.

    Well done on the BBC depriving, but my figure is at least double yours. :cool:
  • enthusiasticsaver
    enthusiasticsaver Posts: 16,105 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you go onto the Newcastle council tax website they seem to assign responsibility for paying council tax to the "liable person" usually the one living in the property. I would write or email, don't trust stuff over the phone and say your tenancy has ended (they don't know the end date of tenancies) by mutual agreement with the landlord and give his or her address to them and say you no longer live there. If you paid council tax up until the end of your tenancy you should have received a final bill which you should produce.


    I assume your landlord or the new tenant has been backward in sending their details and you as the last "liable" person is being stung with the bill for outstanding council tax.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free Wannabe, Budgeting and Banking and Savings and Investment boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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  • vics199
    vics199 Posts: 135 Forumite
    Was the property furnished or unfurnished? Because if it was unfurnished then nobody owes any council tax for the first 6 months when it was empty. If in fact it was empty. Another tenant may have moved in during the time they are charging you for, in which case it is the new tenant that owes money.

    Landlords who rent unfurnished properties are exempt from paying council tax for up to 6 months if it is empty. If it is a furnished property that is empty then the landlord must pay council tax (exactly why i rent my property unfurnished!)

    So what I am trying to say is that you just need your landlord to tell the council when your tenancy ended. It won't mean he has to pay anything instead as long as the property was unfurnished. If it was furnished then he owes the money. If another tenant moved in then they owe the money.
  • NICHOLAS wrote: »
    Well done on the BBC depriving, but my figure is at least double yours. :cool:

    How many years Licence Free?
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