Hi,

I have just had a letter from a council for 2 bills:

1. dated 21 March 2000 for £37.47

2. dated 16 November 2003 for £182.08 (the dated we moved away from the area).

I thought that the council tax was up to date and the council had our new address.

In the letter it is saying that unless I pay within 7 days the council will make an application to the Magistrates for committal to prison.

Any advice would be helpful please

JJ

1. dated 21 March 2000 for £37.47

I don't think there will be a liability order for this one (the council would have charged you approx £60 for administration/court costs ) If they don't have a liability order they cant get one now as far as i can make out

(3) Section 127(1) of the Magistrates' Courts Act 1980[14] does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.

dated 16 November 2003 for £182.08 (the dated we moved away from the area).

If you move from a property during a financial tax year and the council don't amend there records there automated system sends out letters court summons etc to you at the billing address

a liability order is then granted for the remainder of the financial tax year

You need to know the exact date of the missed payment that trigged court action (if any)

you need to get in touch with the council and get a statement of account for both years

you need to know if they have any liability orders for the debts conserd

If they have a liability order for any of the above debt they will send bailiffs to collect this

you need it confirmed in writing that no bailiffs enforcement action will be sanctioned on any of the accounts until it is established that you do indeed owe the debts

and that you are willing to set up a standing order with the council to cover any outstanding amounts that you do owe

If you are unemployed on benefits etc you need to make the council aware of this Deductions can be taken from benefits and they should not use bailiffs to collect this debt

Thank you for getting back to me.

On the bottom of the letter there is:

1. (£37.37 amount) Summons date 25.07.200 with court cost of £30.70 so they took me to court for £6.67!

2. (182.08) Summons date 04-05-2004.

At the time I was on some H/B & C/T benefit so when I moved out I let the council know and they had knowledge of my new address.

JJ

I would like to say I'm surprised that you were take to court for £6.67 but I'm not

get the statements of accounts

ask for copy's of any/all original letters and liability orders

If they have liability orders they will send bailiffs (as i said try and get this stopped before it starts) until its resolved don't leave your car (if you have one) on your drive or outside your house don't leave anything in your garden that a bailiff can levy

keep garages.garden sheds greenhouse doors locked and don't what ever you do do not under any circumstances allow a bailiff into your home

If the bailiff does come ask to see his ID authorisation

Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor

Thanks again for the info.

On top of the letter it says 'The liability order in respect of your Council Tax and costs has been returned by the Council's Bailiffs as they have been unable to collect the £219 outstanding to 17th November 2003.

Thanks again for the info.

On top of the letter it says 'The liability order in respect of your Council Tax and costs has been returned by the Council's Bailiffs as they have been unable to collect the £219 outstanding to 17th November 2003.

Now they know where you live they will send them again

SAR them immediately so you can be certain that all the proceedures were carried out correctly ie notice of arrears etc:

Letter sent recorded so we will see what happens now.

Can I ask they took me to court over £6.67 for the year 200. But why wasn't this included in 2001 - 2002 & 2002 -2003 bills which were paid in full? I don't understand that.

JJ

Right the council have sent back some statements regarding the amounts owed, and have put the account on hold for one month whilst I sort it out.

1st letter, on the 27-05-2004 a liability order was issued against you for £182.08

2nd letter which is really confusing me:

Council Tax bill total £733.65

Payment made of £73.00

CT Benefit £13.98

Court summons £660.65 + Summons Cost £15.70 (£676.35)

Liability order £691.35

Further Payments made: 640.00

Total CT Payable: £37.37

If a do a SAR will it show a breakdown of all the payments and at the time I was ill and signed off work and was handed over to the bailiffs will it show payments made to them and their charges?

Thanks again for all the help and advice

JJ

You could send them a SAR - some charge some don't or just ask them for a breakdown anyway - most will oblige. I suspect each letter refers to a different year.

PT

A subject access request should bring you a copy of everything they have about you on file. There is a maximum fee for this of £10, so send them a tenner by cheque and that will be proof they have received it.

They then have 12 in which to respond and if they don't, that puts the account into dispute. If they still don't reply by another 30 days, they have committed an offence.