Council Tax Arrears - Occupancy Dispute

[d9705996]

I hope someone can help as I am struggling to sort out my problem. The situation is as follows

Myself and my partner rented a property in Glasgow for 2 years between 2004 and 2006 from a private landlord. We moved out of the property in our own property on the 4th August 2006.

All was fine until 18th August 2008 when we received letter from Debt Collect Agency BCW advising a summary warrant has been obtained for council tax arrears for £121.78.

Upon contacting Glasgow City Council they advised that the council tax had been paid up until the end of July 2006 and the amount due was for the period of August - September 2006.

My biggest problem is that I am unable to prove that myself and my partner did not reside in the property for the disputed period. We can prove that we were living in our current property but do not have a copy of a lease agreement and I am unsure whether we had a written lease agreement, all payments were cash in hand but a friend had previously rented the property and had no issues.

I advised the council that the letter from BCW was the first we knew about the arrears and if we had been aware of the problem then we would have fully co-operated to resolve the issue at the time. They have advised that they had sent a reminder letter to the property in September 2006 (after we had left) and then contacted the leasing company, property matters, which was news to us as we dealt solely with the landlord and landlady. The landlord and landlady had forwarding details for our new property as they were quick enough to get in contact when the final gas and electricity bills were sent to them (They were in the landlord's name) which we paid direct to the landlord via the bank details they had provided us. Glasgow City Council also confirmed they had been unable to contact the landlord of the property even though they had their details.

I have contacted BCW and they have halted proceedings until mid-septemeber to give us time to resolve the dispute with Glasgow City council but I am unconviced Glasgow City Council will do much.

I have contacted the landlord using a mobile contact number we had but when I stated my name and that I was calling regarding the property they hung up and now refuse to take any of my calls.

I have provided the landlord name, contact number and current address for the landlord to the council and they have promised to try and locate them but I will not hold my breath.

I am currently trying to locate as much documentation I can to build a case for us not staying in the property (on the advise of Citizens advice) such as details of full and final payment for the telephone line but without the lease I am currently getting nowhere.

As the council only know we resided in the property becuase we were paying the council tax and they have no copy of any tenacy agreement to say we did stay in the property how can they solely pursue ourselves for the debt and not even bother with the landlord.

Any suggestions how we can proceed in this matter would be greatly appreciated as I really cant afford to pay for something I am not responsible for.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[daviesjlee]

Did you register for council tax any where else? you could go to the council tax office and request print outs of council tax dates your where liable for? This showing you where liable for council tax at a other property.

[d9705996]

We did register for council tax for our current property and will be able to provide records to that effect but I am unsure this will help as the council will say we were liable for both properties as we could have been staying in both properties at the same time.

[daviesjlee]

i work for a local council and as far am aware you can not be charged for 2 properties at the same time. You should be able to get the bill amended, but don't go through balliffs go to the council office for the bill to be amended and for the council to recontact balliffs. You might find the balliff charges will still stand, you could could put in a appeal at the council office, depending if you notified the council at the time you moved out? the council should change the records and make your old landlord liable and the bill go to him

[d9705996]

Does your last post apply in Scotland as I know there are differences between Scotland and England??

[daviesjlee]

Not to sure on Scotland as there rules are slightly different to our's. But they shouldn't be that much difference.

[d9705996]

I have contacted Glasgow City Council who have been very helpful again and have advise dthey are going to investigate further and confirmed that we have been paying council tax in our current property from 4th August 2006 and if we can provide a final phone bill and proof of removal of household items (i.e. rental van receipt) then we would qualify for a unoccupied property exemption.

Hopefully this will resolveour issue. Ill keep you posted...

[d9705996]

Thanks daviesjlee I have now recevied a letter from GCC advising that there had been a mistake and that no further action will be taken on the account so £120 saved.

I am very surprised though as we did not provide GCC with any documentation from BT or proof that we had moved our possesions from the property as they had requested for the exemption. The only thing I can think is the landlord provided a copy of the lease to GCC but I would be amazed if that had happened.

The second letter we received on the same day as the GCC letter was from BCW advsing my partners wages would be arrested if we did not pay up but one phone to BCW confirmed they also have the issue as resolved. now just need to fight with them to get a letter confirming this as apparently "BCW do not do letters" as I was helpfully advised by one of their sterling advisors.

Suppose that will be a post for another day

Thanks once again one and all.

[boda]

Hi
I have joined this in the hope that someone out there can help me.

This is a long story so please dont go
I recieved a commital to prison letter in may of this year for a poll tax bill, yes poll tax 1989/1990 and community charge bill for the year 1990/1991 amounting to £184.00.
I got in touch with Liverpool City Council and asked what this was about as I was then in full time employment, working FOR LIverpool City Council and paying my poll tax through attachment of earnings. They then said that it was my resposibility to make sure I was paying enough and as I was not (according to them) it is my fault. As I have not kept bills or reciepts for18 years I have NO way of proving I paid enough so asked them to send out a statement. I recieved the statement and on it was another bill for 1994 for council Tax to the amount of £115.00.

I pointed out about the statute of limitations law that says you can not claim a dept over 6 years unless it has a liability order on them and apparently they have (ALL NEWS TO ME.)

I then got a visit off the baliffs and because I have told the council that I am fighting this through the C.A.B. My costs are going up and the baliffs are being not very nice, and to top it off I have just heard from the C.A.B. that Liverpool City Council are now saying I owe nearly £900.00 from the year 1989 until the year 1996.

I relise that I have a huge battle ahead of me this has been going on since may, as I will be taking on the goverment. The reason being that when the statute of Limitations law was put in to force it was obviously voted on by our mps and Lo and behold who is exempt from that law.

1) Council Tax
2) Benafits
3) Income Tax and Tax Credits

all goverment related. I know I am getting a bit on my high horse and losing the plot as I need to sort out my council tax first BUT I thought it was us who run the country not the goverment that ran us. I don't remember it being a dictatorship.

So before I go in to that battle (with I hope an army) I need to know if anyone knows of anything I can do over this council tax dept that I knew nothing about.

Please Please help if you can I would really be very grateful.

Boda