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Local Authority, Council Tax and Business Rates Issues This is the place to discuss Local Authority dispute, including issues around Council Tax Banding, Business Rates, Planning etc. NB: DO NOT USE THIS FORUM FOR COUNCIL TAX BENEFIT OR DEBT ISSUES - you will get more support in the other relevant forums.


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Old 12th June 2008, 17:52   #1 (permalink)
amatuerlawyer
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Default Incorrectly addressed Summons (Liab. Order, historical)

Hi peeps,

Hopefully someone can shed some legal illumination.

I've had a bailiff knocking on my door. I wasn't around so he dropped off a note saying I owe a district council £303. News to me, my current council tax is paid via DD. No other information, no copy of regulations.

I contacted council, who were unable to identify what it must be in relation to.

I contacted CCSES (the bailiffs) who informed me that it relates to unpaid council tax for a few months until early December 1999, and there was a "warrant/order" issued in May 2000. They were instructed in August 2006.

I moved during December 1999 to an address around the corner (same DC) and took on responsibility for Council Tax at the new address.

Does the Summons fall foul of Regulation 35 of The Council Tax (Administration and Enforcement) Regulations 1992? (Reg 35 says the Summons must be adressed to the last known address, etc. - I'd moved and they probably sent it to wrong address, yet they knew I'd moved!) If so is this grounds for appeal? Is the appeal likely to be upheld? If upheld, am I right in assuming that no further LO can be raised as the original has timed out?

I honestly don't know if I was liable at the time. It was a shared flat, and I can't recall how we split council tax. It could be that another party defaulted, I'm not sure.

Also, can someone just confirm that Bailiffs do not have power of entry? I'm concerned because the address they've caught up with me at is vacant but is furnished (I've moved in with girlfriend). I don't want them to break in and leave it unsecured.

Cheers,

A frustrated citizen. Kane, maybe.
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Old 15th June 2008, 22:59   #2 (permalink)
old_andrew2007
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Default Re: Incorrectly addressed Summons (Liab. Order, historical)

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