Council Tax Summons for this years CT on a house I sold five years ago?

Paulp

Hi,

I've never received a summons before, always paid Council Tax on time no matter what. I've now  received a Summons for a house I sold nearly five years ago, for this year's Council Tax! The most shocking thing in the summons is "Things that are not defences to a liability order" "Magistrates cannot consider.... whether you are liable to pay Council Tax". 

This appears that the Council can pick any person they feel like, in this case someone associated with the property five years ago, and there is no defence of "I don't own it, I don't live there and won't be living there during the time in question."  

Luckily there was a bank transfer issue with my last payment to them so I have e.mail exchange and proof of payment resolving that back in 2021. I have also downloaded the title from the Land Registry showing that someone else has owned it since January 2021.  

However with the burden of proof apparently being so low and all rational defences being barred what is to stop them carrying on?

Also what is the GDPR situation? I know they have an exemption for gathering tax but surely it is abuse of that power to look back this far to seek liability for today's debt? 

I've already spent a bit of money and time, I've e.mailed them and will have to take time out of work to call them, can I claim from them?

MattMattMattUK

Paulp said:

Hi,

I've never received a summons before, always paid Council Tax on time no matter what. I've now  received a Summons for a house I sold nearly five years ago, for this year's Council Tax! The most shocking thing in the summons is "Things that are not defences to a liability order" "Magistrates cannot consider.... whether you are liable to pay Council Tax". 

This appears that the Council can pick any person they feel like, in this case someone associated with the property five years ago, and there is no defence of "I don't own it, I don't live there and won't be living there during the time in question."  

Luckily there was a bank transfer issue with my last payment to them so I have e.mail exchange and proof of payment resolving that back in 2021. I have also downloaded the title from the Land Registry showing that someone else has owned it since January 2021.  

However with the burden of proof apparently being so low and all rational defences being barred what is to stop them carrying on?

Also what is the GDPR situation? I know they have an exemption for gathering tax but surely it is abuse of that power to look back this far to seek liability for today's debt? 

I've already spent a bit of money and time, I've e.mailed them and will have to take time out of work to call them, can I claim from them?

If the court summons is for a liability order then they already have a court judgment against you for the debt, a liability order is to enforce that debt.

There are no GDPR issues.

When you sold the property did you inform the council you had moved out and gave them your move date? You need to contact the council about this, either the new resident never registered, or someone has registered again using your details. Not you cannot claim for any costs because there should not be any, you speak to/email them and get the issue resolved, no need to spend any money and certainly do not start paying solicitor. 

fatbelly

It's just a stupid council trying it on.

I had this for a house I sold 20 years earlier.

I sent them a printout from the Land Registry and they dropped it

The cost is now £8 for a copy of the title register so ask them to reimburse you for something they could have done themselves

I'm understanding that this is a summons to a Liability Order hearing, not a summons for committal. It doesn't matter. Whatever stage this is at, they can drop it

elsien

A liability order does not require a CCJ.

user1977

fatbelly said:

It's just a stupid council trying it on.

I had this for a house I sold 20 years earlier.

I sent them a printout from the Land Registry and they dropped it

It's occupation which is more important than ownership - in theory you could have sold and still live there. So proof that you've been living somewhere else would be more relevant.