Jump to content


Liability orders, incorrect names and other adventures in council tax...Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4698 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, Just wondering if I could get a bit of advice.

 

Its a very very long story but to cut it short my husband and I are having massive trouble with our council in regards to his council tax.

 

For years they were sending the council tax bills in an incorrect name. My husband and I were going through a bit of a rough patch and he moved out and had a tenancy agreement that proved that he was living else where. They refused to look at that because it was a different name than the one they had. We tried and tried and tried to tell them they had the wrong name and offered to show them his passport, birth certificate, tax documents...well just about everything official, but they just were not interested. They kept sending bailiffs round despite the fact that all liability notices have not got the correct name on. I have spoken to a couple of bailiffs who have stated that they cannot collect if the name in incorrect and they have actually been (and it burns me to say this), quite helpful.

 

Now, I launched a DPA complaint as the council have been aware since 2008 (yep thats how long its been going on) that they have his name incorrect and that they have been standing in his way of proving why he doesn't owe all the money that they say he does. The council tax department were forced to changed the name on the account, but only moving forward and not retrospectively (which means that despite the fact that they acknowledge that they have the wrong name, they are still sending bailiffs for someone that effectively doesn't exist). This has gone to the information commissioner as a complaint and they said that they do believe that there is a case to be answered, so we are just waiting for there decision.

 

Now, the council have sent a bill in my husbands correct name, which would be all well and good if he hadn't left the country in January and he is no longer a UK resident (the bill is only for after the time he left). I have told the council that he has left the country and even gave them details of when and where he flew out of so they can check but guess whats just come through the door...a liability notice. Now can they even issue a liability notice in someone who is no longer in the country and would they be allowed to chase his out side the UK for a bill that he's not actually liable for. I am assuming that any liability orders that have been made in the incorrect name are none enforceable in court and that they wouldn't be able to cross boarders, would someone please clarify this for me.

 

The council even tried to apply an attachment of earnings order on my husband when he was still in the UK and falsified documents (all of which we have) to give the impression that they had a liability order in the correct name, it was only when my husbands boss questioned if they had a liability order in his name, they admitted that they didn't, but said that it didn't matter because they believed that it was him. Can they do this legally, as far as I can see you can believe anything you wish doesn't make it right or legal and if they are saying that they do believe its him, why would they not change just change the name and allow him to pay the correct amount of council tax owing?

 

I feel like I am being bullied and harassed by the council tax office, while all this was going on I advised them to turn it down a notch as I was looking after my terminally ill mother... there response was to send bailiffs round three times the week my mum died. I should have been considered vunrable but they just didn't give a toss.

 

Now he's gone, I just want to be left alone, but yet there are more threats of bailiffs coming round to the house.

 

Any and all advice will be gratefully received.

Link to post
Share on other sites

Have you made a formal complaint to the CEO of the council which isn't as strange as it sounds most councils don't administrate there own council tax so back office staff don't work directly for the council and unless you make a formal complaint the CEO the council may not know whats going on with your account

 

what council is it

Link to post
Share on other sites

I have complained to the CEO's office numerous times, I have even spoken to the assistant treasurer. No one is interested.

 

I made a complaint to the LGO and they have said that they fully believe that they have got my husbands name wrong and that the liability orders can not be enforced, but the council were right to chase him with that name as that was the info that they had!!!!!!! I also do not belive that the LGO's ruling makes any sence as we were telling the council from 2008 that they had the wrong info and offered to prove it but they declinded, so how can they state that the council were right in what they did. For there argument to hold any water, then the council would have has to be compleatly unaware that there were any possible issue, but they were, they just chose to ignore it, they clearly did nothing to investigate. Mind you, from what I have since learnt about the LGO, I am unsupprised by their ridiculous ruling

 

I honestly do not know where to go from here, even if my information commissioners complaint comes back in our favour, they are just going to obtain liability orders in his correct name even though he is no longer here. They will keep harassing me. I just don't know how to make them see that he is no longer in the country. I have provided them with all of the details when he left, I cannot do any more. Is there any kind of legal action that I can take against them to just leave me alone?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...