Council illegally making charges on my property

JCapirote

is it a classic? wow, might also be correct Gary

CIS

Legally, the council have to serve papers correctly - this varies in specifics as to to whether or not it's the bill/reminder/final notice or the summons. Whether or not they have been served correctly would need looked at further.

I want to sell my property but unfortunately my soon to be ex wife will not let me as joint owned, although neither of us live in the property.

You are both liable for the council tax charge however they can only pursue enforcement against one party at at a time.

When the court gives them victory fior the liablity order they are chasing they then send letters, debt collectors etc to the property, then file a claim for a lien on the property.

It's hardly victory with the liability order - there are very, very few reasons that the court can decline to issue a liability order.

In respect of charging orders it makes it more difficult for them to recoup their money if the property is jointly owned but in most cases it just means that they have to wait a bit longer.

although neither of us live in the property.

It is likely then, unless the property has been furnished, that you are going to get hit with the long-term empty property premium.

JCapirote

RelievedSheff wrote: »

What makes you believe that you are so "special" that you do not need to pay your council tax?

It is a bill that every household has to pay, regardless of whether the property is occupied or not. Why should you not have to pay it?

The council are quite right in the action that they have taken as it does mean that when the property is sold that they will get the money that they are rightfully owed. Your other option of course is to accept your responsibilities and pay your bills.

My Point is that I am currently unemployed and as such entitled to the same discount as any other unemployed person, I have no objection in paying what I owe, Just NOT what I do not owe, ie the full amount.

CIS

JCapirote wrote: »

Surely there must be a way for me to have the court rulings overturned

Possible, but it's very difficult.

I have been in dispute over the amount owed for years, since I became a full time single parent. I am unable to claim benefits as I 'gave up' my job, but they assume that therefore I must have vast reserves available, when even by their own standards I'm allowed to have £6000 in savings and still claim the reduction available to anybody on benefits

Council Tax Reduction does not look at how or why you are out of work to lodge a claim nor is receipt of state benefits a requirement to claim. It does however require you to be resident in the property, which is a bar to claiming it in your current position.

JCapirote

CIS wrote: »

Legally, the council have to serve papers correctly - this varies in specifics as to to whether or not it's the bill/reminder/final notice or the summons. Whether or not they have been served correctly would need looked at further.

You are both liable for the council tax charge however they can only pursue enforcement against one party at at a time.

It's hardly victory with the liability order - there are very, very few reasons that the court can decline to issue a liability order.

In respect of charging orders it makes it more difficult for them to recoup their money if the property is jointly owned but in most cases it just means that they have to wait a bit longer.

It is likely then, unless the property has been furnished, that you are going to get hit with the long-term empty property premium.

So, if they are aware there is a foreign address and they have to serve papers, surely they should send them to the address they have for me abroad? not just build the charges up and send a copy of the total once they have finished.
The property is furnished still

RelievedSheff

JCapirote wrote: »

My Point is that I am currently unemployed and as such entitled to the same discount as any other unemployed person, I have no objection in paying what I owe, Just NOT what I do not owe, ie the full amount.

You don't live in the property so can't claim the reduction.

So are you going to be happy to pay what you owe now?

CIS

How far back did you inform them specifically that your address was overseas and to send mail to that address for you ?

JCapirote

RelievedSheff wrote: »

You don't live in the property so can't claim the reduction.

So are you going to be happy to pay what you owe now?

I'll be happy when I am finally allowed to sell the property and not need to owe anything to anybody in the UK

The revenues officer is being vindictive and for that I am not happy in the least. I hope she gets her Karma sooner rather than later

[Deleted User]

JCapirote wrote: »

that I am not happy in the least. I hope she gets her Karma sooner rather than later

The more you say that, the less and less your postings become believable.

JCapirote

CIS wrote: »

How far back did you inform them specifically that your address was overseas and to send mail to that address for you ?

When I left 15 months ago