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  • FIRST POST
    • AkiraLe
    • By AkiraLe 13th Mar 18, 10:20 AM
    • 1Posts
    • 0Thanks
    AkiraLe
    Council tax - Bristow Sutor
    • #1
    • 13th Mar 18, 10:20 AM
    Council tax - Bristow Sutor 13th Mar 18 at 10:20 AM
    Hi, first post here!

    Try and keep it brief (probably wonít)
    I moved into a rented place, 6 months term with a partner in February 2017, relationship broke down quickly and went separate ways and moved out quickly to my own place in the same council, the move in date was 29th April 2017.

    Now We continued to split rent until end of tenancy until July 2017. I notified the landlord company in May that Iíd be moving out to which that was all sorted and up to date.
    Obviously in my new place, council tax paid from day one, Iím still on their records as it was same parish, I presumed they just moved me across (like they did with my new other half when she moved in, received letter to say she lives here and had to register quickly etc) so DID NOT tell the council as at the time I wasnít stressed and unaware that I wouldíve had to anyway.

    Now today I havenít received letter from B&S saying I owe £661. £350 to council tax and £310 (presume £75 fee and the £235), it was just a letter nobody has entered no then property or attempted to or spoke to me or anything. So thatís where I stand currently. Not being able to speak to anybody as its Christmas, until Wednesday which stresses me out enough.

    I DID NOT RECEIVE THE FINAL NOTICE/BILL AS I WAS NOT AT THE ADDRESS ITS REGARDING. So Iím very confused as i wasnít even given the opportunity to pay the final bill as i havenít seen can the final warning, so where do I stand on that? Although I didnít come notify the move of address, I am on their records as itís same parish, just different address so they couldíve put 2 and 2 together surely?


    Question is:
    Am i liable to pay the full £350 and Can I pay directly to the council the full fee they requested or will they send that to B&S? Or could I ring them up Wednesday to speak to somebody and offer them full payment there and then?

    Or will I Be made to pay the full £660 and just bite the bullet and do it when possible to get it sorted?
    Money isnít the issue, I have the funds to pay both in full, but itís the principal I wasnít offered the chance via letter to my current address or contacted to sort this out before itís got to this stage and added £310 to a bully company is a bit of a kick in the teeth.

    Thanks in advance!
Page 1
  • National Debtline
    • #2
    • 13th Mar 18, 11:37 AM
    • #2
    • 13th Mar 18, 11:37 AM
    Hi AkiraLe and welcome to MSE,


    This is understandably frustrating, when you thought everything was under control and then a bailiff letter turns up. In a situation like this, all you can do is complain to the council. As you acknowledge, you did need to tell them about the move, and because they weren't told, that is most likely why the paperwork went missing. I appreciate that you will be on their system at another address, but, unfortunately, I think it is unlikely that the council will cross references your name before sending each letter (just in case you had moved).


    Write to the council and ask them to take the debt back from the bailiffs. You can try to offer to pay the debt in full, but minus the bailiff fees. If the council refuses then you need to choose whether to escalate the matter to the Local Government and Social Care Ombudsman, or pay it (if you can). If you pay less than the £660 the council will send the first £75 to B & S to cover the compliance fee and the remaining money will be divided proportionally between the debt and the fees.


    Remember that these bailiffs can only come inside if you let them in, or if you find open/ unlocked access. So, keep all of the doors locked, refuse them entry and hide your vehicles to keep them safe from the bailiffs.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • GDB2222
    • By GDB2222 13th Mar 18, 11:55 AM
    • 14,382 Posts
    • 77,697 Thanks
    GDB2222
    • #3
    • 13th Mar 18, 11:55 AM
    • #3
    • 13th Mar 18, 11:55 AM
    Hi AkiraLe and welcome to MSE,


    This is understandably frustrating, when you thought everything was under control and then a bailiff letter turns up. In a situation like this, all you can do is complain to the council. As you acknowledge, you did need to tell them about the move, and because they weren't told, that is most likely why the paperwork went missing. I appreciate that you will be on their system at another address, but, unfortunately, I think it is unlikely that the council will cross references your name before sending each letter (just in case you had moved).


    Write to the council and ask them to take the debt back from the bailiffs. You can try to offer to pay the debt in full, but minus the bailiff fees. If the council refuses then you need to choose whether to escalate the matter to the Local Government and Social Care Ombudsman, or pay it (if you can). If you pay less than the £660 the council will send the first £75 to B & S to cover the compliance fee and the remaining money will be divided proportionally between the debt and the fees.


    Remember that these bailiffs can only come inside if you let them in, or if you find open/ unlocked access. So, keep all of the doors locked, refuse them entry and hide your vehicles to keep them safe from the bailiffs.


    Laura
    @natdebtline
    Originally posted by National Debtline
    Hi Laura, I'm sorry to disagree with you, but there is probably no valid debt here, if I have understood the OP correctly.

    He moved out of the old place, and he was no longer liable for CT there after 29 April. I assume that he was up to date with his CT when he moved out. Even if not, the £350 is clearly incorrect for under a month's CT.

    He has no obligation to notify the council he moved, although it obviously does make sense to do so, to avoid the current state of affairs. He is up to date with the CT in his new place.

    So, the council needs to sort out its records, and he needs to contact them with the info to do that. They then need to work out whether the OP owes them money at all. If it was a small amount the council would have a policy of writing it off. They may even owe him!
    No reliance should be placed on the above! Absolutely none, do you hear?
    • sourcrates
    • By sourcrates 13th Mar 18, 12:38 PM
    • 14,018 Posts
    • 13,271 Thanks
    sourcrates
    • #4
    • 13th Mar 18, 12:38 PM
    • #4
    • 13th Mar 18, 12:38 PM
    He has no obligation to notify the council he moved, although it obviously does make sense to do so!
    Originally posted by GDB2222
    I think you will find he has.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

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    • CIS
    • By CIS 13th Mar 18, 5:19 PM
    • 10,476 Posts
    • 6,051 Thanks
    CIS
    • #5
    • 13th Mar 18, 5:19 PM
    • #5
    • 13th Mar 18, 5:19 PM
    Bizarrely there is no requirement in legislation to advise the council you are liable for a council tax charge (although you may be subject to a penalty if they ask and you fail to comply). There is a penalty for failing to report a change that alters a discount or exemption but not liability.

    There should be be a penalty for it but the legislation never saw fit to include one.


    I DID NOT RECEIVE THE FINAL NOTICE/BILL AS I WAS NOT AT THE ADDRESS ITS REGARDING. So I!!!8217;m very confused as i wasn!!!8217;t even given the opportunity to pay the final bill as i haven!!!8217;t seen can the final warning, so where do I stand on that? Although I didn!!!8217;t come notify the move of address, I am on their records as it!!!8217;s same parish, just different address so they could!!!8217;ve put 2 and 2 together surely?
    Providing the council sent any documents to the last known address then they have been sent correctly. The onus is on yourself to ensure that a council are aware of a forwarding address for you so that any mail can be sent. If you failed to provided one then the council are correct in having sent documents to the property.
    He moved out of the old place, and he was no longer liable for CT there after 29 April.
    That is not always correct. Whether the liability or not ended depends on a) whether the landlord agreed that as the end date and b) the terms of tenancy. The issues raised in Leeds CC v Broadley come in to play here.

    The tenancy was a fixed period of 6 months from Feb 17 and didn't end until July 17. As they meet the definition of 'owner' for council tax purposes the tenants remain liable for the council tax charge after vacation until July 17 when the tenancy was ended. The fact they weren't resident from May to July 17 doesn't alter their liability but it can be regarded a unoccupied for the purposes of any discount.
    Last edited by CIS; 13-03-2018 at 5:24 PM.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax specialist. My views are my own reading of the law and you should always check with the local authority in question.
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