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Historic Council Tax Issue

1235710

Comments

  • Thanks to all who replied.
    To answer a few questions and comments, friend knew nothing of the unpaid debt at the time so couldn't have paid it.
    If someone is not on social media it can be hard to track them or even if they are but have their cat as their profile pick etc. Also they may well be in a different country. Maiden name may have changed etc etc. So trying to go down the small claims court route means finding them first.
    She has emailed them for a full statement of account but the council have a 20 day turn around time. 6 days after she is meant to have submitted her work details etc. She has since been told that they will actually charge her to provide the statement, not sure if that is true.
    There were no students in the house, 3 worked in bars/restaurants and one was in healthcare.
    We don't know if the council has contacted the others but the question was asked in the email. I personally doubt that they have. But don't know.
    As to what I'd like my council to spend their money on, treating people fairly for a start would be good although I'm sure that's a subjective term. It just strikes me as unethical to try and get all the money from one person when the council knows there is more than one at fault, like bullies picking the easy target at school. I don't dispute that what they are doing may well be legal but just doesn't sit right if that makes sense.
    As for wasting time/money tracking people down I doubt it would take that long when they have access to the databases councils have.
    As for all documentation from the time as it 10/11 years ago agreements etc would have long been dumped, I know I don't have any tenancy agreements apart from my current one, I also don't have bank statements from the time. I only keep pretty relevant/current details. I don't like clutter.
    This isn’t about not paying a fair share of tax, we all should, but when you believe you have done so and it was others in the house who failed in their duty to pay it’s a bit tough to swallow. My friend will actually end up 3 times what she should have. This isn’t about fat cat or spongers.
    As for finding the law unpalatable I’m pretty sure you would too. Who wouldn’t in this case?
    All evidence of court order notices etc have been asked for, whether they will be provided is another matter.
  • If my friend wasn't such a good person they could easily just move house. Then see if the council track them again.
  • If they have contacted the others then how is my friend to know that before handing over money or work details?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    If they have contacted the others then how is my friend to know that before handing over money or work details?
    She isn't to know it. However, the council aren't entitled to collect more money than they're actually owed.

    And if she's serious about finding the others she could employ tracing agents (not necessarily at vast expense). Note she'd need real addresses for legal action anyway, not social media IDs.
  • davidmcn wrote: »
    Note she'd need real addresses for legal action anyway, not social media IDs.


    There lies part of the problem, without their address all she can do is appeal to their good nature which from what she remembers is much lacking.
  • CIS
    CIS Posts: 12,260 Forumite
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    Even if the she was able to provide the addresses of others to the council then it should still be remembered that the council have obligation to chase the others - the law is still on their side to pursue her only.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS wrote: »
    Even if the she was able to provide the addresses of others to the council then it should still be remembered that the council have obligation to chase the others - the law is still on their side to pursue her only.
    They may not have an obligation but that would seem particularly harsh to have the others address but only sting one person for the bill. But again we don't know at this point if they have even tried.
  • CIS
    CIS Posts: 12,260 Forumite
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    They may not have an obligation but that would seem particularly harsh to have the others address but only sting one person for the bill. But again we don't know at this point if they have even tried.

    Harsh or not the law is quite clear on the issue as to what the council can and can't do - they have no obligation to even try to find the address or pursue action if they do have the addresses.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • CIS wrote: »
    Harsh or not the law is quite clear on the issue as to what the council can and can't do - they have no obligation to even try to find the address or pursue action if they do have the addresses.
    So if the council do have three addresses for example how do they decide to pursue? Name from a hat? Decide on the name they like least or most?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    So if the council do have three addresses for example how do they decide to pursue? Name from a hat? Decide on the name they like least or most?
    Would seem sensible for them to pursue all of them.
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