Thanks for the reply. Would it be unreasonable of me to ask the DCA for better proof of the payment? As what they have provided me with so far, includes no details or date of the payment. Ok so I have to pay it back and there is no way out of it? I am currently seeking work and in receipt of benefits, so I guess once I prove this to them, plus my income/expenditure which is the same amount. They cannot force me to pay more than I can afford? So if I offer £2 per month whilst I am in receipt of benefits they have to accept this and if they don't, they will not be able to obtain a CCJ? As they refused my offer?

I understand that it is their mistake. And perhaps under moral standards I should repay it. But to be honest, I am in a lot of debt and their error set me back even further, as I didn't realise they had paid me at first. So why should I? They shouldn't have made the error. Anyway I am not looking for a debate on whether it is morally right or wrong, sorry. My question is, do I legally have to pay it back. And can they take action against me for not paying it back.

Need some advice on the following as I am having some trouble deciding what to do. I applied for a job with a company last summer. Attended an interview, was successful. I filled out my personal details (including bank account details) on a standard issue form at the interview. By post, I was notified I had been successful and they would like to offer me a position, with an induction day starting on "X date". They sent me contract of employment in the post along with the general starting pack etc I did not attend the induction day because I decided not to take the job. I informed them of this via telephone. At this point, I had not signed any contract of employment, or even accepted the position verbally or by any other means. They then paid 1 weeks pay (the job was paid weekly) into my bank account at the end of the week my induction was due to take place. They sent me emails to start with, claiming salary overpayment and that I was to refund the money. They then sent me letters in the post. They then referred me to a debt collection agency. The DCA communicated with me via email. I asked them to provide: 1) Proof of agency (they have provided this in the form of a letter from the company in question detailing they authorise the agency to collect debt on their behalf) Is this acceptable? 2) Validation of the debt (i.e proof that they paid X amount of money to me. They sent me a document which is a print out of some sort of company internal pay system. Showing my name, payroll number and bank account details. And amount paid). It did not show a date of the payment or specific details of the payment. Is this acceptable? 3) A copy of the contract, employment contract or credit agreement, signed by both parties, including my signature, therefore binding both parties. (They said they do not have this as they agree I never signed a contract of employment). Now, what are my legal rights in this matter? Am I correct in thinking, because I never accepted any position, or signed any contract of employment, I have no contract with them, hence any mistake they make in paying me money, I am not legally obliged to repay? As I did not sign a contract of employment which would cover overpayments etc. Could someone shed some light on this for me please? As I need to respond to the debt collection agency. Many Thanks

Sorry I think you misunderstood my last post. When I first moved in to the property (nearly a year ago) I never had a claim for council tax, as I only lived there for two weeks. When I mentioned I have claimed council tax and housing benefit, I meant I am currently in the process of doing this, I made a claim at the start on January through my job centre. (I moved back in to the property in question in January this year, having not lived in it for nearly a year). Anyway an update on today. I put together a letter explaining the situation and requesting they update my bill and stop any bailiff action etc. I delivered this in person to the council with the intention of speaking to them about the matter and explaining any further concerns they had. As soon as I got there I asked to see the manager of the relevant department. Unfortunately they were not in today, so I spoke to another member of staff from the correct department. She took my letter and said she would pass it on to a member of back office staff who would need to process it. I explained I would like to speak to someone about the matter, she just repeated her first comment. I then explained that I am receiving income support benefits and am classed as a vulnerable person and voiced my concerns about being referred to a bailiff, and requested they need to put them on hold while my case is being considered. She said she would go and speak to the enforcement department about this. 30mins later, she returned, having clearly gone through my letter with them and compared this to the details they have on their system. She said that firstly, they have agreed to put the bailiffs on hold for 28days, whilst a decision is being made. Which is good. But she also said that they are not making a decision straight away and my case needs to be put to a manager. This is apparently because there are "inconsistencies" between the information I have provided in my letter and the information they have on their system. Specifically, regarding me contacting them during the time I told them I was not living at the property. They said that I had sent in a form, applying for council tax discount due to living with a full time student. And that I had put on this form there were 2 people living at the property. And this form was completed at a time I said I was not living there. I did not get chance to explain this as she was basically a go between messenger and I was not allowed to speak directly to anyone actually dealing with or making a decision on my account. But this form- yes I did complete it at a time when I was not living at the property. I have not been shown the form and seen its exact contents but from what I can remember, I filled it in to get a council tax discount applied for the period I did live at the property, which was some 3 months earlier. This was because they had sent me a council tax bill and had not applied the discount which I was entitled to. Therefore from my point of view, the form was to apply to the period I lived there only, backdating if you like, not the period I actually submitted the form. Attached to this form, I also included a letter from the student I was living with from their university, which gave dates of being a student, covering the period I previously lived at the property, not dates covering when the form was submitted. So I do not understand exactly why they think that proves I was living at the property at the time of submitting the form. Basically, they treated me like some sort of benefit cheat or criminal. When actually I have done nothing wrong apart from not having very good knowledge of dealing with council tax. She also gave me, a housing benefit / council tax benefit application form to fill in, as they had not received my details through from the job centre at the time of my income support benefit claim earlier this month. I presume this is so they can process my current claim for council tax / housing benefit. However I think they have another agenda with this form. She mentioned I needed to complete it asap and implied that it is important in their decision making with my debt liability dispute. Now why would this application form for a new claim for benefits have anything to do with my debt dispute? From what I can see, it asks for detailed information about my rent, landlord, rental lease and rent payments. They also want a copy of my lease, and rent payments made. I can't help thinking they want this to try and somehow catch me out filling something in wrong to support their claim I was living there. Although I haven't quite worked it out yet. Perhaps they think if my name is also on the lease, that makes me liable for council tax. Or if I produce receipts for paying rent for the period I was not living there that makes me liable for council tax. Both of which are not true, but still. I have since spoken to another local councellor, who is actually Chairman of the council. He said he cannot speak to the council directly as they do not give any information about anyones case to his due to data protection. But he did offer to come with me to see the council again if I wanted to. He advised I also make an appointment with the CAB, which I have done. I am going to attend the CAB appointment, and wait for the councils response to my letter. If I have not heard anything in 7days, I will ask the councellor to come with me and make an appointment to see someone at the council. Not enthralled by the way I am being treated though. I may have not totally understood the process of how council tax works etc due to not having dealt with it before. But is this a valid reason to treat me like some sort of criminal and that everything I say is untrue. Will keep any updates posted.

Yes I am going to ask them about my current council tax benefit claim too. I did this through the job centre when claiming income support and they assured me that my claim for council tax gets passed on to the council and I do not have to do anything. The other person was not claiming as they are a full time student and exempt from council tax.

"Oh and how much is the liability order for, just out of curiosity." Just over 800.

I will keep this thread updated, thanks.

Thanks for recommending a local councillor. I didn't know about them before. I have just spoken to one on the phone and explained the whole situation. They were very sympatheic and were of the view that the councils treatment of me is totally out of order and very heavy handed. They have taken my details, told me not to worry and are going to try and help me sort this out tomorrow morning.

Thanks for the help.

Thats good, thanks. Do the council have to / do you think it is likely that they will agree to put my case on hold with the bailiffs until they make a decision? Bearing in mind it is in dispute? Or not? I was going to phone the council tomorrow and try and speak to someone in authority and request this anyway. I also forgot to add, I am unemployed, seeking work and am in receipt of income support benefits. Does this make any difference? I heard that they can only collect £3.00 per week from me because of this, even if I was liable to pay any money. Would the fact I was unemployed at the time they obtained the judgement for liability make any difference also? I heard that I cannot be liable whilst unemployed and receiving benefits. Thanks

I am looking for some advice in a letter I am putting together to send to a bailiff who is chasing me for unpaid council tax. I am in the process of disputing the debt, the council are trying to bill me for a period I did not live at a property. I received a letter from the council last week, saying they had passed the debt on to a bailiff, and that they have already obtained a judgement for liability against me. I spoke to the council on the phone upon receiving the letter and explained my situation and that I am disputing the debt. They said I need to put this in writing to them - and in the meantime they will not tell the bailiaff to cease any action against me. After speaking to the council, I phoned the bailiffs just to let them know that I am disputing the debt and am I discussion with the council directly. They told me that until the council tell them otherwise, they will continue as normal, but have noted my comments on my account. I have already put together my letter to the council, which I will be sending special delivery first thing tomorrow. 1 question about this. Can I request in the letter that they contact the bailiff and tell them to put any action against me on hold until the matter is resolved. As I am disputing the debt and a debt in dispute cannot be enforced? Secondly, I need advice on what to put in my letter to the bailiffs. I have been given a template for "Notice of Removal of Implied Right of Access". Which is basically revoking all permission for the bailiffs to remove any of my property or my vehicle or set foot on my premesis. Will this work? Or should I send them something else? Basically I just want to stop them doing anything while the debt is in dispute, as I am not liable to pay it and I do not want the hassle of a bailiff coming round. I know not to let them in etc etc but I am worried one day I will find my car gone and a seizure notice just put under my door or something. Any advice welcome. Thanks

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