hi there. basically i just got picked up post from my old address (moved out about 5 months ago) and in my mail were two letters from the council. One was a court summons date as it is alleged I missed a payment of roughly hundred pound from 2007 in relation to council tax. The other letter is a demand for that money, dated after the first letter, and also explanation that bailiffs have been instructed to follow it up.

Firstly, I no longer live at that address so it isn't urgent but I am surprised that this issue has come up now when it relates to an old date and also that they proceeded with a court procedure without my knowledge. I did inform the council when i moved out. The amount has already doubled due to "court" costs which is worrying.

Also this amount relates to a period when I was sharing a house but had full council tax benefit. I did argue this point at the time and told the council I didn't think it was my liability to pay my housemate's tax and they then dropped the issue... I did not hear anything more about it since then until now.

I was wondering if anybody has any advice as I want to put it right but don't feel I owe the money or have been treated fairly. And I don't like the idea of bailiffs turning up at my new address. Any ideas on this - it would be much appreciated. Thanks.

Also this amount relates to a period when I was sharing a house but had full council tax benefit. I did argue this point at the time and told the council I didn't think it was my liability to pay my housemate's tax and they then dropped the issue... I did not hear anything more about it since then until now.

If you were joint tenants then you are jointly liable for the council tax due regardless of the fact that you were in receipt of council tax benefit.

Thanks for the answer.. much appreciated.

So if i am jointly liable then I do owe the money.. This doesn't seem to make sense - why is this so, and where does the legislation say this? It seems unfair that I should be pursued for a liability that is clearly not mine - what is the point of council tax benefit if it doesn't help you reduce your costs?

Is there anything to challenge this - perhaps in the way they haven't followed this up until I've left the address?

Also, can i do anything to reduce the liability incurred due to the court costs they have added? If I have to pay anything, surely it should just be what they are claiming I owe from council tax. THey didn't give me a chance to attend court so I don't think I should pay the court costs. What do people think?

So if i am jointly liable then I do owe the money.. This doesn't seem to make sense - why is this so, and where does the legislation say this? It seems unfair that I should be pursued for a liability that is clearly not mine - what is the point of council tax benefit if it doesn't help you reduce your costs?

Council Tax liability is determined under the Local Government Finance Act 1992 sections 6-9, with section 6 being the key one.

There is a key principle for liability called the 'hierarchy of liability' which determines who is liable for council tax on a scale of a-f , with the person falling earliest in this list being liable. If 2 people fall at the same point in the list they are jointly liable (note that this applies regardless of receipt of benefits , and, in some cases student status ).

You would be at 'c' or 'd' along with the other tenant so you would fall at the same level in the 'hierarchy' and be jointly liable.

Council Tax legislation does not actually make any allowance for receipt of council tax benefit, its dealt with like any other payment to your council tax account, and it does not remove the joint liability you have.

Very interesting. Thanks for the info and thanks for pointing to the law so I could check it for myself. That's brilliant that you know all that - we all should. If you might have any ideas how to make this right, please let me know. They still don't know where I live, should I get in touch? And is there any way they will take off the extra fees they added for court stuff. Maybe I shouldn't have to pay those? Whenever I have liabilities I am happy to pay them, and am up to date on all council tax since then. Seems sneaky to take it to court after having told them I had moved out.

Nice one again, much appreciated.

I still don't know what to do about this.. Anyone have any advice? Why do I have to pay £100 in costs on a court summons that was not even sent to my current address.. Also I have now found out that they owe me just under a hundred pounds for last year's council tax. Could they not have offset that and stopped the need for court proceedings. This all seems very unfair. I have the money and am prepared to pay - but feel I should only pay what the council tax is, not bumped up costs of £100! I never had a chance to defend myself in court. Any thoughts?

Wow, I love legislation... this is really interesting... This bit is about liability order and says about costs reasonably incurred can be added. I don't think my costs were reasonably incurred... I'll keep looking...

The Council Tax (Administration and Enforcement) Regulations 1992

The Council Tax (Administration and Enforcement) Regulations 1992

(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

(a) the sum payable, and

(b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.

Oh no, another section seems to say that they can send the summons to your last known address... That's unfortunate... and seems rather unfair if they had over 2 years to have sent it to my address when I was there... Is this right?

The Council Tax (Administration and Enforcement) Regulations 1992

(2) A summons issued under regulation 34(2) may be served on a person—

(a) by delivering it to him, or

(b) by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office, or

© by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or

(d) by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.

What!? They can levy distress... what does that mean?

The Council Tax (Administration and Enforcement) Regulations 1992

45 (5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

(6) A distress may be made anywhere in England and Wales.

The other route I am looking at is, what can they do to recover? I am on low income self employed and all that I own is either necessary to live or related to my self employment.. And they don't know where live... make any difference?

What!? They can levy distress... what does that mean?

 

The Council Tax (Administration and Enforcement) Regulations 1992

 

45 (5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested;

THE PERSON is the bailiff sent by the council this bailiff must be certificated

www.hmcourts-service.gov.uk/CertificatedBailiffs/ this link is not 100 %

Ministry of Justice Public Register of Bailiffs on 020 3334 6355 (just in case you need them it is always wise the be 1 step ahead of the bailiff) the bailiff must also work for the company of bailiffs he is collecting for or self employed (no company name)

and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation

and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

 

they bailiff Levy's on your goods the goods are left with you (walking possession agreement ) the bailiff charges a fee for this £12

 

the bailiff writes your goods down on A notice of seizure of goods & inventory (walking possession agreement)

these goods are now the councils ( they are left in your home ) and if you dont pay they are removed and sold there is also a fee for this

the levy fee is worked out depending on the amount of the liability order

 

 

(6) A distress may be made anywhere in England and Wales.

the bailiff can levy your car even if you have moved home the bailiff can levy in that