2015 Council Tax Enforcement Notice
sawebs
Posts: 15 Forumite
in Cutting tax
Just received an Enforcement Notice from debt collectors as apparently Wigan Council took me to court last year for non payment of £165 (now plus costs so over £300) dating back to 2015.
It was for the 2 months prior to June 2015 when the block of flats burnt down so not surprisingly my mind wasn't really too concerned about giving a forwarding address etc. and more concerned with finding somewhere to live and replacing all my wordly possessions.
Once I had found somewhere to live about 6 weeks later, I put a post redirection in place for 9 months afterwards. I suspect they sent chasing letters to the old address in the 6 weeks I was living in a hotel which I obviously never received.
As all the occupiers in the block were ordered to leave I suspect I won't be the only one to end up in this situation. They certainly knew about the fire as they declared a major incident at the time and had representatives on the scene for 2 days helping people and they kindly found a hotel for me for a couple of nights.
I now think it is very unfair for them to take me to court without even trying to trace my whereabouts and to leave it for 3 years to send a summons (presumably) to the old address when obviously I wasn't living there any more and any redirection would have expired.
Funnily enough the debt collectors seemed to be able to trace me extremely easily although I am now living near London. Is there anything I can do?
It was for the 2 months prior to June 2015 when the block of flats burnt down so not surprisingly my mind wasn't really too concerned about giving a forwarding address etc. and more concerned with finding somewhere to live and replacing all my wordly possessions.
Once I had found somewhere to live about 6 weeks later, I put a post redirection in place for 9 months afterwards. I suspect they sent chasing letters to the old address in the 6 weeks I was living in a hotel which I obviously never received.
As all the occupiers in the block were ordered to leave I suspect I won't be the only one to end up in this situation. They certainly knew about the fire as they declared a major incident at the time and had representatives on the scene for 2 days helping people and they kindly found a hotel for me for a couple of nights.
I now think it is very unfair for them to take me to court without even trying to trace my whereabouts and to leave it for 3 years to send a summons (presumably) to the old address when obviously I wasn't living there any more and any redirection would have expired.
Funnily enough the debt collectors seemed to be able to trace me extremely easily although I am now living near London. Is there anything I can do?
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Comments
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They only have to issue it to the last known address, there is no requirement for them to try and check or trace an address for you.I now think it is very unfair for them to take me to court without even trying to trace my whereabouts and to leave it for 3 years to send a summons (presumably) to the old address when obviously I wasn't living there any more and any redirection would have expired.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.0 -
Be interesting to know how the Post Office delivered any mail to a burnt out empty block of flats, but I am sure the LA will find a way to explain it!0
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You may have a defence if you can price the post was not delivered by royal mail and it was returned but you'd be pushed to get proof.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.0
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First thing you need to do is speak to the Council - it may be that they are willing to accept that the charge should be written off, but they can’t work that out if you don’t help them.
Alternatively you could pay up on the basis that they sound like they provided a level of help at the time that probably cost more than the sum you are due to them!0 -
On the basis of the OP's post I'll tell them to shove it up their arrises as the flats did not exist as habitable properties so should have been reclassified as an exempt "property" class G - a property exempt because its occupation is forbidden by law - given that you were ordered to leave.0
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On the basis of the OP's post I'll tell them to shove it up their arrises as the flats did not exist as habitable properties so should have been reclassified as an exempt "property" class G - a property exempt because its occupation is forbidden by law - given that you were ordered to leave.
Being told to leave a property is not the same as occupation being forbidden by law as far as the Class G is concerned - for the Class G there has to be evidence that there is a legal prohibition in place to prevent any occupation of the property.
Until a legal prohibition can be demonstrated then the assumption is that no exemption applies and the council tax charge is due.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.0
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