CCJ for Council Tax?

Mr_Dmun

Good Afternoon,

I'm hoping that someone could give me some advice. 
I few years ago, having just lost my job and falling into a deep depressive episode I managed to let things slip and get myself into some financial bother. 
As a result, I have a CCJ on my credit record for a council tax debt.  Before you say it, I've been told many times that you can't get a CCJ for a council tax - yet it's there, lurking and knobbling my credit score.
I'm obviously trying to get it removed but it's proving difficult.  The debt was originally handed to Jacobs Enforcement by the council, and Jacobs took it to the Civil National Business Centre who granted the CCJ.
I've been in touch with the council (several times) who admit handing the debt over to Jacobs but they're saying that Jacobs aren't allowed to seek a CCJ for Council Tax.  Well they did, and got it.
This CCJ has been paid off for over 18 months but it's still on my record and by all accounts it shouldn't exist in the first place (it should have been a liability order).
I'm thinking about seeking compensation for the additional hardship and stress that this CCJ has caused me over the last couple of years as among other things it made getting a new flat nearly impossible.

The events are:
CCJ granted (right or wrong).
The house I was in was sold to a developer who immediately issued a Section 21 eviction notice.
Despite searching for a new flat/house/dustbin no landlord/letting agency would look at me because of this CCJ.
As the eviction date approached I'm getting frantic - so much so that I think it brought on a heart attack and I ended up in hospital. 
The new landlord said that even though I was in hospital, he was still going to send the bailiffs around so I discharged myself against doctors orders.
My old landlady (bless her) settled the CCJ for me and I was able to secure accommodation twelve miles away from where I was living.
I was in no fit state to move house, but only had days to move before the bailiffs arrived so with a lot of help from friends and an elderly uncle (who was 80 years old at the time) I managed to get the essentials moved into the new property, but I had to leave an awful lot of belongings behind (all lost now).
Before the bailiffs due date I had ANOTHER heart attack and ended up in hospital for months (triple-bypass and AVR) and I'm pretty sure the second one wouldn't have happened had I not discharged myself in order to move.

I'm certain that the stress of the situation brought on the heart attacks etc.  If the CCJ hadn't existed I would have been able to find accommodation a lot easier and stay in the same town (I'm now isolated from all of my friends), there wouldn't have been the rush and I wouldn't have lost so many of my belongings.

What do you think of my chances of are of obtaining compensation for the damage to my health and belongings due to the unlawfully issued CCJ? And who do I pursue? Jacobs for seeking the CCJ when they 'can't do that' or the National Civil Business Centre for granting it?

(The reference on the Jacobs website says it was for 'Domestic Rates' issued by the Council.  That sounds like Council Tax to me and I can't think of anything else the Council would be charging me for).

Any advice/guidance would be gratefully received, and thanks for reading this far.

sourcrates

Sounds like a torrid affair you have had with Jacobs, the best way to deal with it would have been to apply to have the judgement set aside, as unpaid council tax is collected under a liability order, not a court judgement.

There would be a fee for this, and a requirement to act within a reasonable timeframe.

How long ago was all this? as judgements stay on file for 6 years regardless of whether they are paid or not.

The NCBC is a court, where they bulk process court claims, you won`t get far seeking compensation from them.

Certainly worth a complaint to Jacobs though, and there may be the possibility to escalate to the FOS if not satisfied.

Mr_Dmun

Thanks Sourcrates,

Before I make a complaint I think I'll hit Jacobs with a SAR to find out what they know.  I don't trust them at all.  I think I'll send an SAR to the court too, to see what Jacobs actually presented them with.  It might take some time but I think it'll be worth it.

fatbelly

Domestic rates is the local government tax that existed before Council Tax, before Community Charge, so pre-1990

I vaguely remember some special rules were bought in to clear up the mess that Mrs Thatcher's lot made of the rates/poll tax era. But when I started advice work in 2000 it was already ancient history. Let us know what you find re the original court claim. You want the 'particulars of claim'

It's unlikely that Jacobs would have been sold the rights to this by your local council but if they say that's what happened, I would start with a complaint to the council and escalate it to the LGO

https://www.lgo.org.uk/make-a-complaint

ManyWays

I agree with @fatbelly that any complaint has to go to the LGO. Not the Financial Ombudsman as Jacobs are not FCA authorised and FOS cannot take a complaint about them.

Mr_Dmun

Thanks Folks,
This is all good stuff. Just for more detail, I'm 54 (Hence the ticker issues) and all of this has kicked off in the last two or three years. Why Jacobs stated 'Domestic Rates' is beyond me.
I need more information. SARs to the Council, Jacobs and the Court are required I think.
From what I know so far, the Council DID pass on a debt to Jacobs, though what for exactly their a bit reluctant to say, hopefully a SAR will clarify things but they couldn't think of anything else they'd be charging me for apart from Council Tax.
Jacobs are a bunch of bullying crooks as far as I'm concerned and I don't trust a thing they say - phone calls won't do it so I want it in writing, preferably on paper (signed in blood preferably, but I doubt it would be theirs!).
The Court is a bit of an enigma. It's a black box so I want to find out what information they were given then I can start building a case properly.
I'm starting to make a list of difficulties and financial loss that the existence of this CCJ has caused me - even outside the stress and health issues there was a considerable loss of chattels which I can only begin to summarise all brought about by the inability to get new accommodation and the rushed move in between hospital visits.
Let battle commence! And the more advice and information I can get the better - keep it coming and thank you all again.

Mr_Dmun

And I'll keep you all updated as when new information arises!

Mr_Dmun

Well this is embarrassing. 
I hate the way that the court system says "You've got a CCJ! But we're not telling you where it came from unless you pay us, and even if you do...WE MIGHT NOT TELL YOU!".
£6 for report from the Register of Judgements won't give the claimant information.
Anyway, I digress.  It turns out that the CCJ has nothing to do with Council Tax at all.  It has originated from an ancient debt which has been passed from pillar to post for years and which just happens to be an almost identical amount to the debt which arose from the Council (Roughly 61p difference on a £450 debt).  So the 'CCJ' I thought I'd paid off hasn't been paid off and I suppose I owe Jacobs an apology for blaming them. 

So that's the end of that.  The CCJ is still on my record until the six year period is up and will be until I can pay it off.

Thanks for your help folks. 

RAS

If that ancient debt was passed from pillar to post was it ever statute barred. Because unless you defend a claim there's nothing technical to stop a creditor getting a CCJ.

Mr_Dmun

Hello RAS,
I don't think this debt can be statute barred. It's not that ancient after all (2021 but a lot's happened since then!) This is still interesting!  I was trying to confirm the exact dates and the company who sought the CCJ (SLL Capital) was dissolved on 17/04/24.  It's not at all clear who I owe the money to now - or if I owe anything now. As far as I can tell the liquidation process has been completed.
Moriarty Law were dealing with the CCJ but my payments have been on hold for a while now (financially impossible to pay). So I have no idea at all what happens now.  I don't want to pay out money to Moriarty if they're just going to pocket it and not pay it to a company which does not exist.
I also can't find any record of this debt listed on the the original lenders website - there's a previous settled loan mentioned but no mention of this one.

sourcrates

By far the vast majority of CCJ`s granted never have any further enforcement action taken in regard to them.

Moriarty Law won`t pay out money to enforce someone else's judgement, an attachment to earnings is the one route they could take, but its not uncommon for these things t just stay on file 6 years unactioned.