Hi Guys and Girls, any help would be appreciated here.

I've not paid my council tax since my local Council entered a Judgement against me for Non Payment but I had paid it and can prove it.

Long story short they are now trying to go for an Attachment on my house for three years worth of Council Tax.

Here's what I wrote to them at them time, this was back in 2011:

Dear Sirs,

Today received at this address was your ‘Notification of a Liability Order for Unpaid Council Tax” number XXXXXX addressed to Mr XXXXX

This comes as a complete surprise to me considering there has been no summons and the council tax is and was paid before the 25th March 2011, the date of your order.

Therefore, how could, anyone have appeared in Court and secondly what for, it is paid,

so there was and is no liability for the outrageous £120 costs, which amounts to an extortionate 60% interest on £200.

Check your records and you will find it was paid before Judgement was entered therefore the Judgement is wrong so there should not be any costs.

Based on the fact there was no summons received and there was nothing owed at the time of your Order,

this demand for payment is wholly unreasonable.

Yours faithfully

They wrote back basically saying tough titties.

They've sent the Bailiffs round several times and several companies,

I've not l et them in and not contacted them about their calls.

Now the local Council know I own my own house so have now gone from Magistrates Court to a County Court awrad for Recovery and and Attachment over my house.

I never received any notification of a County Court date so could not have attended if there was a hearing.

Where do I go from here?

I've received Notice from HM Land Registry and must reply by 16th April to stop it.

Help pls.

Urban Stealth

PS:

This was added to the bottom of my letter, which they failed to do.

PS: In future please address all communications to a human being, commonly called XXXXX, of the family name XXXXX, known as XXXXX. I am a human being not a legal fictional person to whom you have addressed your Notice.

PPS: All further communication should only be addressed to a human being and should be sent Registered Post, as I have done with this letter because it is obvious that you cannot rely on the post office to deliver such important documentation!

Let's not use fotl stuff. It doesnt work.

Regarding the alleged debt, have you escalated it to the councils ceo and your mp? Have you been to court to contest the alleged amount owed?

Hi Renegadeimp.

No I have not escalated to CEO or MP, have just been ignoring most of the crap they've sent until recently.

Well, if they have a judgement and you have already paid before it, then you should get your evidence together, speak to the court and get to to your council CEO and MP. if you ignore it, they will simply follow procedure. They have a judgement so they will enforce it.

Well, if they have a judgement and you have already paid before it, then you should get your evidence together, speak to the court and get to to your council CEO and MP. if you ignore it, they will simply follow procedure. They have a judgement so they will enforce it.

Update:

I think they now have £4k charge over my house as of 16th April but I've not heard anything from them or Land Registry yet to say it is in place.

I looked at their original reply letter to me challenging them for entering judgement even though it had been paid before judgement date.

They said it was because the Notice had been issued before that date so there was still £30 outstanding, which was the fee for sending it out in first place!

I'll post an update when I hear from Land registry or Council.

How/why would there be a charge on your house for council tax?

Update:

I have now received letter from Councils Solicitors, stating that the Charge over my house is now in place with Land Registry and I now have seven days to make an offer of payments or they will force me to sell my house in order to pay them.

Where do I go next guys?

I do not have the money to pay them and I've now received this years Council Tax bill.

Surely, it would b e ridiculous for them to force sale when they would have to rehouse me.

Any opinions, suggestions on what to do next most welcome.

Cheers people xx

So let me get this straight.

Theyve chased you for ctax, got a judgement and got a charge on your house. Yet you are adamant that you have paid what you owe in full and can prove it?

If so, have you shown the court all this documentation to prove it? I would guess the court and your local MP would not be happy at all over this.

No not quite.

I did owe on Council tax a few years ago, then paid that but they got a judgement anyway.

Since then I haven't paid coz I didn't have the money, they then got Charge over my house for roughly 3 years of back payments.

Basically, I owe loads 10k personal tax, 15k bank loan, 18k VAT, 8k Bank Overdraft.

Council, Bank and Personal Tax are all chasing me and threatening to either make me Bankrupt or get Charges over my property, which could result in them forcing me to sell.

I am just about keeping up with mortgage and other bills.

Hope that explains better.

So you paid, but got a judgement. Did you ever get it marked as satisfied? Or do you mean they issued a Liability Order?

Going from your info, i would say to seriously consider speaking to national debtline, and/or maybe a DRO or IVA.

Update:

Can someone advise me if the Council are allowed to change the names from what was on the original Council Tax Demand?

This is what has happened, it started off in the name of: MR A N OTHER, which changed to ANDREW NORMAN OTHER, then they added wife MRS BETTY OTHER, then changed it to ANDREW NORMAN JOHN OTHER & BETTY OTHER.

Surely this is not allowed, changing supposedly legal documents to different names than were on original demand, the same names that have been on demand for over 20 yrs!

Any help appreciated.

A N OTHER

yes they are

any adult that is resident in the property is jointly liable for ctax.

me thinks by the look of things

you are getting a wee bit too tied up in the FOTL nonsense.

dx

Thanks for reply, no gave up with FMOTL stuff but as I had started down that track and didn't have the money to pay them anyway, having lost 2 businesses I had to try to just stall.

Unfortunately, I've run out of stalling tactics, they've got an Attachment against my house and have been phoning me, although I have never given them my phone numbers they've called my business and my mobile!!!

I offered them £50 a month for now and bigger payments as I get them. I have to pay the £50 today and fill out an Income/Outgoings sheet.

Basically I'm phuqed!

Thread moved to the appropriate forum.

Andy

Do you have dates for everyhing as they occurred? If not then you need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have had against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

Hi ploddertom, thanks for the reply but what good will all that do me now?

They have the Attachment registered at HM Land Registry and are threatening to force me to sell my home to get their money.

They have three Liability Orders but a fourth is about to go through, I received a Notice the other day.

Just to thrown some petrol on the fire Southern Water have now passed to debt collectors who just rang me, again I didn't give my phone numbers to them.

I told them to go away they don't have my permission to act in my affairs, I also told them not to phone me or I will charge £25 for each call I receive.

No doubt Mid Kent Water will be next!

Just to thrown some petrol on the fire Southern Water have now passed to debt collectors who just rang me, again I didn't give my phone numbers to them.

 

I told them to go away they don't have my permission to act in my affairs, I also told them not to phone me or I will charge £25 for each call I receive.

 

No doubt Mid Kent Water will be next!

I assume this is for unpaid water rates that they have a CCJ for, don't be surprised if the next caller is a High Court Enforcement officer from Marstons. The situation will only get worse unfortunately. If you are in hardship paying water rates do SW not have a fund for such things whereby you can be helped and a proportion may be written off.

Hi ploddertom, thanks for the reply but what good will all that do me now?

 

They have the Attachment registered at HM Land Registry and are threatening to force me to sell my home to get their money.

 

They have three Liability Orders but a fourth is about to go through, I received a Notice the other day.

It's never too late to argue particularly if you have the information in front of you. You may find it useful to see where things have gone wrong. If you have another one due says you have made no payments so far this year to me. Don't forget CT is payable on the 1 April each year and as a dispensation they allow you to pay in up to 12 instalments per year. If you are late making payment or don't pay at all then you will lose this dispensation and all becomes due immediately. Are you not entitled to CT Benefit?

Hi ploddertom.

No they have not got a CCJ yet just passed to Debt Collector, who made contact last week by mail and today by phone call.

I have just been and paid £50 and given them letter with Income/Outgoings.