need help

[37ali37]

we keep geting bailiffs coming round for council tax it's claimed we owe from 2006.

 

we do not owe this money, i was a victim of i.d. theft. we have had loads of companies claiming i owe money from this address, all have backed off and cleared me after i gave them a crime referance number.

 

the council are saying they wont accept a crime referance as proof the debt isn't mine. i've been and spoken to the police officer who is dealing, and he said as the victim of the offence is the council, they need to report it as a crime.

 

the council say they won't report it as the have my name, therefore i'm guilty, the bailiff has seen evidence of the crime ref number and accepts it's not us who owes the money, but he has to keep coming as the council instruct him to.

 

how do we deal with this?

[Nintendo Pü]

You contact the local Government ombudsman, and make a complaint of fraud under Section 2 of the Fraud Act 2006. The council has instructed a bailiff to obtain money from you while knowing or believeing that money is not lawfully due.

 

Try to get the name of the council official that is telling the bailiff to colect the money from you, and you can ask the police to question him under caution as to why he instructed a bailiff knowing the debt is unlawful. He could be committing an offence under Section 4 of the Criminal law Act 1967 because he failed to report the crime to police when it was brought to his attention.

[dx100uk]

by 'this address' i take it thats not where you are now but another property that the nice person was at and assuming your identity?

 

dx

[37ali37]

by 'this address' i take it thats not where you are now but another property that the nice person was at and assuming your identity?

 

dx

thats right, sorry i wasn't clear, but all 6 kids are ill and it's hard not geting any sleep for 2 days

[citizenB]

I have flagged your thread for the attention of the site team.

[MARTIN3030]

Have you got anything in writing from the Council which ignores your plight ?

The Local Ombudsman would want to see copies of anything.

I would write to the Chief exec of the Council and also the Councils legal section giving them an ultimatum to sort this out.Your responses from them can then be used for the LO to investigate.

The bailiffs could cease collection activity if they were inclined,but obviously will continue to say that their client has not withdrawn the file,as long as the Council are not prepared to do it.

May be worth considering a subject access request to the Council asking for copies of all communications between you and them-this would give you additional ammo in showing that despite your best efforts they had continued to sanction collection.

Have you no welfare rights advice centres in your area ?

Quite often these will take up your issues and mediate between you and the council and they are free.

[37ali37]

we have nothing in writing, it's all been done over the phone, which i now realise is a mistake.

 

i will look into welfare rights centres,

 

i will also look into writing to the c.e.o. of the council

 

 

 

 

thanks for your help, i'm going to try and sleep now, but i will check back 1st thing in the morning

[MARTIN3030]

Ok good.Well if you know the approximate dates ie between XXXXX and XXXXX Then you can also request call logs.

Everything discussed by phone is likely to have been entered on the screen in any event so you still have a way to show.

I did a SAR to my own council following council tax arrears issues and everything was there.

[Nintendo Pü]

May be worth considering a subject access request to the Council asking for

 

I might be wrong, but a council is a public authority, and a SAR is what a person asks an appointed data controller of a private company that is registered under the Data protection Act, for described personal information that company is holding about him.

 

An authority doesnt need to register itself under the Act to hold personal data, asking the public authority for disclosure should suffice & doesnt need £10.