Bailiffs called for Council Tax Debt I knew nothing about.

ColinEccy

Hi!
Tale of woe I am afraid and I need some advice.
Purchased and lived in flat between 2005 and 2010. Moved out and let it out as I moved to a bigger place that I rented out. Moved again in 2018 and continued to rent as I moved back up north.
Tenants in my original Flat moved out in June and I sold Flat in July. As I was paying Council Tax in the North it never occurred to me that I would be responsible for Council Tax in myproperty in the south - that was empty while the sale was going through. I carried on collecting post from the address on a monthly basis and paid ground rent and energy bills. 
I was upset and astonished when bailiffs knocked on my door with a bill for £1600  last week from empty property - (from actual bill that is only £1100 - with their charges on top).
In a nutshell - 
- Bills were not sent to the property address
- Council asked letting agents for my address and they gave them the wrong address (my old intermediate one)- so correspondence and bailiffs all went there.
- Return to sender from old address was received by Council in July but no further checks were made that that address was correct - so court summons and bailiffs were sent there (letting agent had my new address, phone number and email - but person they spoke to must have given them wrong address by mistake)
- Bailiffs on discovering actual address didnt give 7 days written notice before attending my house - they just turned up.

I have called Council and explained situation and they have been understanding and put bailiffs on hold. My sale is FINALLY going through next week so new bill will be sent with March taken out.

QUESTION - Have the Council done necessary checks before sending out court summons and bailiffs? Why didnt they take "return to Sender" from that address into account? Why didnt they send bills to actual property for which the council tax is payable? Should council now take over my bailiff fees?

I accept liability for the council tax (you live and learn) but am angry and upset at the sudden bill and exorbitant bailiff fees. 
Any advice much appreciated.

cheers
CP

MalMonroe

All your questions can be answered by the relevant council. 

If you own property then maybe the relevant council expects you to keep in touch with them in respect of any council tax due when that property is empty. 

In my experience of dealing with the council where I live I have learned the hard way that they will not go the extra mile to find out what is going on and that it's up to we the public to tell them what's going on and keep them well and truly in the loop.

They would say, "what necessary checks?" 

You say "Council asked letting agents for my address and they gave them the wrong address (my old intermediate one)- so correspondence and bailiffs all went there."  So it does sound as if the council tried to find a way to contact you, even if they were given incorrect information.

It all sounds like a big confusion too - for example, it's not clear why you would still be paying energy bills on an empty property. 

Your best bet is to contact the council again and ask all your questions of them and see if you can come to some arrangement or agreement with them. 

ColinEccy

Thanks MalMonroe - all very true. The energy bills are standing charges with Bulb that , I am told, need to be paid even though the property is empty. 
I guess my point is I have been collecting mail from the property I am responsible for - why would I give them another address if I am doing that?

MWT

MalMonroe said:

It all sounds like a big confusion too - for example, it's not clear why you would still be paying energy bills on an empty property.

Standing charges still accrue even if there is zero energy use, and in order to keep insurance in place on vacant homes there is an obligation to maintain a specified minimum temperature (10-12C typically) so some heating is usually still required...

Thrugelmir

ColinEccy said:

I accept liability for the council tax (you live and learn) but am angry and upset at the sudden bill and exorbitant bailiff fees. 

 Be angry with yourself. As there's no one else to blame. There's an old saying. Ignorance is no excuse. Pay up and chalk it up to experience. 

ColinEccy

Update - I pursued my complaint and Council just rang to apologise and remove fees. A subject access request revealed that they had my email address for billing all of the time and never used it and that Bailiffs acted improperly.  Subject Access Request was key to this. Good lesson in the benefits of standing your ground and insisting on complaining if you feel you have been unjustly treated.

ColinEccy

22 001 485 - Local Government and Social Care Ombudsman

Further update. Ombudsman ruled in my favour re Bailiffs failing to give me 7 days notice at my correct address before turning up to enforce.

diystarter7

ColinEccy said:

Update - I pursued my complaint and Council just rang to apologise and remove fees. A subject access request revealed that they had my email address for billing all of the time and never used it and that Bailiffs acted improperly.  Subject Access Request was key to this. Good lesson in the benefits of standing your ground and insisting on complaining if you feel you have been unjustly treated.

Hi OP
As I read your post and you posted for the same reason most posters post, ie seek help/guidance, as I read the posts I thought they were uncessarily harsh and was going to suggest to you speak with the coucil.

I'm glad it is all sorted and in your favour you are open and honest and IMO, the person/s on the other end of the phone find it easier to deal with a query etc if the person calling is calm and able to explain easily what went on and what is concerning them.

Good luck, well done!