Threatened By My Local Council.

WoodruffsDad

My wife worked for our local District Council as a sheltered housing warden and we lived in a tied house until she was made redundant when the Council rehomed us. I am 74 and my wife is 68.

After moving into our new home 4 years ago we received a huge invoice from the Council for work they had to carry out because of our negligence. They claimed that we left chicken manure in a shed - we did NOT! They claimed that we left rubbish in another shed - yes we did but that rubbish (including a dentist's chair!) was left by the tenant before us and was not voided by the Council before we moved in. They claimed that the garden had to be restored because of overgrowth - we dispute that having planted shrubs and flowers and in any case the whole area was bulldozed shortly afterwards and is now due for demolition. We have argued our position and over 4 years the invoice has been reduced from more than £700 to £381.60 but the Council will NOT re-itemise their invoice. They just show a credit at the bottom.

Yesterday I received a letter from the Council telling me that they are going to issue County Court proceedings against me for the sum of £381.60 plus legal costs and Court fees. They also told me that a CCJ may affect my future tenancy arrangements.

What should we do? It would be easy to pay the balance but our sole income is our State Pensions and we may need the £381.60 in the future. On top of that we COMPLETELY DISPUTE the Council's claims - they are a pack of lies and half truths.

This has been rumbling on for more than 4 years now and has been the subject of countless emails and letters. I have asked for advice from my local Councillors. One said that the Council was within its rights and the then Chairman told me to ignore the demands and to take the matter to the local press!

We are very worried about this persecution but I am more than willing to go to Court to defend my position.

Any advice would be gratefully received.

unholyangel

Is there anything you don't dispute you owe? If so, I would offer to pay that amount.

Perhaps try your local MP too - mines is really good at helping out with issues constituents have so hopefully they will be able to do more than just your councillors.

Also to note that if they do take you to court and win, you may be ordered to pay costs (they'll be minimal for small claims and you may be able to argue they should be reduced due to cost rules - in that costs must be reasonable, necessary & proportionate to the claim amount) however, even if this happens usually you are given a period of around a month to pay before a CCJ would be registered against you (and therefore would affect your credit history/tenancy applications).

Fosterdog

What did your check in inventory say about the rubbish in the shed if it was already there? How often and by what means did you contact them to ask for the removal of the rubbish?

Did you actually keep chickens in the other shed or have bags of chicken manure to use on your garden? How would they know if it had been cleaned and cleared properly?

How long ago did you plant the shrubs and flowers and did you then maintain them or let them grow? It doesn't matter that the area has since been bulldozed, it would have to be handed back to them in the same condition as when you moved in minus wear and tear.

You need to get all of your facts and paperwork together, decide what you believe you owe if anything and make an offer stating your reasoning for the amount. If they don't accept it let them take you to court but without proof you may end up paying a lot more than the £381.60 they are asking for.

Barny1979

Have the Council provided any photographic evidence?

bris

The council will be difficult to beat in court, despite what others say.


The upside however is that if you lose you only get a ccj if you don't pay.


If you believe you have a case then take the chance, but remember court costs will add to the claim.

hollydays

Were you ever made aware that they weren't happy with the state of the garden, just wondered.

steampowered

You say this has been going on 4 years?

If the council intended to take this to court, they would have done so 4 years ago. In another 2 years the council's claim will be outside the limitation period anyway.

I'd simply tell them to get stuffed. If court proceedings are issued, you can file a defence to the claim at that point.

A CCJ would not remain on your credit record if paid within 28 days. So the worst case scenario is simply that you lose at the court hearing and have to pay it within 28 days.

jonesMUFCforever

I would consult your local councillor.
This is what they get paid for.

hollydays

The ops wife seems to have had other problems with her employer which the op seems linked with.
Sometimes it's best to cut your losses.
How does your wife feel about your involvement?

WoodruffsDad

We're in it together - joint tenancy!

hollydays

I understood that but it's not exactly what I meant.
She was the warden.
Were you made aware about the garden etc before?