Notice of Enforcement - Jacobs agents

CIS

If it goes to tribunal they'll need to disclose the evidence they are using - although they would be able to remove any information not relevant (email addresses, telephone numbers etc) from documents used.

I would not use the term 'exempted' though - it has particular meanings in council tax legislation. You were removed from the council tax account as you were not liable for the charge.

In respect of the earlier email there's probably not a lot that can be done - if the council have further information then they are obliged to act on it and alter records accordingly. The crux of the argument is not so much the changes that have been made (although multiple changes will introduce doubt) but that they have seen fit to alter the earlier decisions.

florincmf

CIS wrote: »

If it goes to tribunal they'll need to disclose the evidence they are using - although they would be able to remove any information not relevant (email addresses, telephone numbers etc) from documents used.

I would not use the term 'exempted' though - it has particular meanings in council tax legislation. You were removed from the council tax account as you were not liable for the charge.

In respect of the earlier email there's probably not a lot that can be done - if the council have further information then they are obliged to act on it and alter records accordingly. The crux of the argument is not so much the changes that have been made (although multiple changes will introduce doubt) but that they have seen fit to alter the earlier decisions.

I will take your advice and make an appeal regarding their decision. I am 100% sure that the tenancy agreement is the only thing in between me and the landlord and there are 2 possible scenarios.

1. Either the landlord has brought some "evidences" which are obviously a lie and Council took them as genuine evidences. (if this is the case, I highly doubt that they have checked properly those evidences having the fact that they changed their decision towards me for so many times based on the same, the tenancy agreement)

2. They have to explain this roller coaster of decisions, made based on the same tenancy agreement. First, they have to explain why Luke's decision was initially taken in my favour and then someone else decided to sent me the bill and pass my account to bailiffs.

There is a high probability that they were not aware of Luke's decision and whoever decided to send me a reminder that my account it will be passed to bailiffs had no idea about Luke's answer to me when he exempted me from the liability.

It is also a bit odd that after I have sent the screenshots of those text messages, few month later I got another notice reminding me to pay or my account it will be passed to the bailiffs. I went to Council and asked if they got my email with the attachments and this person called someone who said that I was not aware of these screenshots but now I can see them in the email.

Anyway, as I have said, I will take your advice and send today the letter to them letting them know that I want to make an appeal to the Valuation Tribunal. The storyline of the emails that me and they have sent to each other and the lack of an answer to my emails and also the multiple decisions taken by them based on the same evidence, put me in a good position (or at least I hope so). Also, I can get in touch with some of the people I have stayed with and some of them are willing to write a statement in which they can declare that we stayed together in the house so the house had HMO. I was thinking that their statements might be helpful in Court or even better, they might come as witnesses.

This problem stresses me out and now I have to worry about bailiffs coming over and trying to take my stuff.

Regards,

Florin

[Deleted User]

sourcrates wrote: »

Hi Florin,

Its really important that you do not let any bailiffs' enter your property, they cannot break in, or force entry, but they can walk in through an unlocked door, so just be wary of this.

Sorry but if OP lets it go as far as bailiffs showing up then they deserve all they get. Sort it before it gets this far OP.

As for giving advice on what bailiffs can and cant do - plain wrong.

florincmf

[quote=[Deleted User];70569862]Sorry but if OP lets it go as far as bailiffs showing up then they deserve all they get. Sort it before it gets this far OP.

As for giving advice on what bailiffs can and cant do - plain wrong.[/QUOTE]

Hi there,

Can you please be a bit more specific regarding what you just said. I am not sure if I have fully understood your view over this so I would be really happy if you would explain it with more details.

Regards,

Florin

sourcrates

florincmf wrote: »

Hi there,

Can you please be a bit more specific regarding what you just said. I am not sure if I have fully understood your view over this so I would be really happy if you would explain it with more details.

Regards,

Florin

Ignore it Florin,


Just someone who has not read your thread, but decided to take the moral high ground with you anyway !!

CIS

Also, I can get in touch with some of the people I have stayed with and some of them are willing to write a statement in which they can declare that we stayed together in the house so the house had HMO. I was thinking that their statements might be helpful in Court or even better, they might come as witnesses.

Statements would be helpful for any Tribunal (not a court). Anything used for evidence should be presented in advance for both sides to see rather than being given only at the hearing. Anything that is given only at the tribunal stage would likely, at a minimum, lead to an adjournment for the other side to further consider the new evidence.

florincmf

I have sent the letter today with all the details attached to it, scanned copies of Luke's answer from the council as well. Now I am a bit nervous of waiting 2 months before I get a reply as these enforcements agents can make my life unpleasant. I am about to buy a car but now I am not sure if that is still a good decision as they might take the car from the driveway. To be honest, I feel really dumb when it comes about anything related to debt and recovery teams as I have never had a single problem with payments, never took a loan or mortgage or anything like that and paid everything straight away.

Now I will prepare for their decision and try to reach those people I have stayed with to write a statement for me. Also, I have voice recordings between me and the landlord where I say when I want to move out and also that I am moving out from my room and how much I have paid for it and more details that can support my statement about this house being HMO for the whole period when I stayed there.

Regards,

Florin

florincmf

Hi,

After I have sent to the council the same evidences that I have sent before but which were ignored/lost, whatever it might have been, I have sent them again, printed messages from my phone and the whole story explained from the scratch I finally got the answer I was looking for. In the meantime enforcement agents came to my door and sent me few other letters to pay immediately the balance and threatening me.

This is the message from the council: "I am please to inform you that after further consideration, I have deleted your liability for council tax at this address and would confirm there is no payment due.

Again, I would apologise for any distress caused in our delay resolving this matter. I trust that this clarifies the situation but if I can be of any assistance please do no hesitate to contact me."

I would also like to know what your advice would be regarding a compensation for this last year that was very stressful for me, taking unpaid days off to deal with this and also dealing with the unpleasant situation of dealing with the enforcement agents. Is there something more that I can do after I got this letter?

I owe you at least a drink and also to everyone else who advised me regarding this matter. Many thanks!

Best regards,

Florin

CIS

florincmf wrote: »

Hi,

After I have sent to the council the same evidences that I have sent before but which were ignored/lost, whatever it might have been, I have sent them again, printed messages from my phone and the whole story explained from the scratch I finally got the answer I was looking for. In the meantime enforcement agents came to my door and sent me few other letters to pay immediately the balance and threatening me.

This is the message from the council: "I am please to inform you that after further consideration, I have deleted your liability for council tax at this address and would confirm there is no payment due.

Again, I would apologise for any distress caused in our delay resolving this matter. I trust that this clarifies the situation but if I can be of any assistance please do no hesitate to contact me."

I would also like to know what your advice would be regarding a compensation for this last year that was very stressful for me, taking unpaid days off to deal with this and also dealing with the unpleasant situation of dealing with the enforcement agents. Is there something more that I can do after I got this letter?

I owe you at least a drink and also to everyone else who advised me regarding this matter. Many thanks!

Best regards,

Florin

Glad it worked out for you.

Craig

dancingfairy

What a pain in the flipping neck. Now keep that letter safe and guard it.
Sadly despite being messed about and having undoubtedly found it very stressful I unfortunately don't think you have any recourse. You can try and put a complaint in and ask for compensation but I feel you would be wasting your time, sorry.
Df