My name is registered with wrong surname. Newlyn Enforcement

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81995816#Comment_81995816

Not true. If there is a non student in a property where students reside, then the non student is responsible for the CT and if the only non student, would be entitled to 25% discount

jefstudent

Thanks for everyone's reply. The issue is i have already rang the council and newlyn and explained everything but seems like they are not doing anything about it.

If anyone has any experience with these enforcement agents. Would they listen to me and is this going to make any difference if i explain it to the agents that this is liability issue as the named person is not myself.

lincroft1710

If you reiterate you are not the liable person and refuse to pay, they will likely do one of 2 things. Either keep pestering you, but eventually give up or take you to court. If they take you to court it is for them to prove you are the liable person, not for you to prove you aren't.

Jude57

https://forums.moneysavingexpert.com/discussion/comment/81997086#Comment_81997086

Not quite, I'm afraid. If Newlyn are collecting, the matter has already been to Court to obtain the Liability Order that gives the Council the right to employ bailiffs to collect. And in the Magistrates Courts, when dealing with Council Tax, it's an absolute liability offence. Liable/not liable. In practice, Magistrates don't get involved in that decision, the legislation is quite clear that liability is a matter for the Council. What that usually means if someone attends and disputes liability, is that the Magistrates postpone the hearing so that the Council can investigate and either withdraw their application for the Liability Order or proceed with it after confirming that the individual is in fact the Liable Party. I suspect that the Summons for the Liability Order was sent to whatever address the Council had for the Liable Party and so the OP of course wouldn't have received it. The Council or more likely Newlyn would have tried to trace the Liable Party and have unfortunately located the OP who has a similar name. Frankly, Newlyn don't care who pays, as long as they get the money.

To OP, given that you're not getting any joy from either the Council or Newlyn, you should, without delay, contact the Councillor who represents the Ward where the relevant property is located. It's likely that the recent local elections may have changed who is now the Councillor for that Ward, so make sure you have the right person. Contact them by phone or, preferably, by email and copy it to the Director of Finance or whatever title the head of finance for the Council has. Set out clearly that you have never lived at the address concerned, that at the time concerned you were a full time student and give the address(es) where you DID live, along with dates. Technically, you should have registered at those addresses and claimed the Student Exemption because that would be irrefutable proof but hopefully the Council Tax officer will see that you're not the person who is responsible for this debt. Further, though Council Tax is not like a County Court Judgement (CCJ) in that it's not automatically reported to the Credit Reference Agencies, some Councils and bailliffs DO report it, so keep a close eye on your credit file so that you can make sure you know if it happens with this debt. I'd recommend if you haven't already, signing up for the free MSE Credit Club.

Edited to add, here's the contact information for the Council's Executive:

https://www.manchester.gov.uk/the-council-and-democracy/councillors-and-decision-making/ask-a-member-of-the-executive-a-question

Please note the the Local Government Ombudsman won't even look at your complaint until you have been through the Council's own complaints process, basically so that the Council has the chance to correct any errors so don't waste your time involving the LGO just yet.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81997368#Comment_81997368

This appears to be a case of mistaken identity rather than liability. Surely Newlyn (or any other bailiff) cannot just pursue anyone who has a similar name to the liable person