Is the liability order valid ?

[popperdom]

Can someone advise please? I have a liability order for an amount in excess of the amount the council agree I actually owe. The liability order was for a full years council tax rather than a part year, and the order was not changed although the council are charging for the part year. Does the liability remain valid? I am being charged for 2 liability orders by a bailiff company (mulitple charge) Thank you for any help offered.

[ploddertom]

I think you need to explain more as it is confusing saying you have a Liability Order then saying later you have 2. More information = more help.

 

PT

[popperdom]

Thank you for your reply. The original liability order was for the entire year of council tax. It was then established that I did not live there for the entire year, which the council accepted and reduced the amount owed to six months, but no new liability order was issued for the lesser amount.

[ploddertom]

Thank you for your reply. The original liability order was for the entire year of council tax. It was then established that I did not live there for the entire year, which the council accepted and reduced the amount owed to six months, but no new liability order was issued for the lesser amount.

 

If that is the case then they should have sent you a new Notice telling what the charges should have been. The other account is then finished - sounds as if someone at the Council has been lax or when you state" I am being charged for 2 liability orders " does this now mean you failed to pay the lower amount and they went back to Court?

 

I would certainly suggest that first thing in the morning you ring the Council and ask how many Liability Orders they have, what periods of time they concern, how much they were for, how much is still outstanding and when they were passed to the Bailiffs.

 

The problem as I see it is that the Bailiff is only doing as he has been asked by the Council. If they have given him duff info then he is certainly not to blame for a change. Until you can establish the above then there is not a lot you can do at this stage.

 

PT

[popperdom]

There are 2 liability orders covering the tax year April 2008/Oct 2009. The council obtained 2 liability orders, one from Aug 08to March 2009 and one from April 09 to March 09. There is no problem with the first, the amount payable is correct. But the second order is incorrect as it is the complete annual amount. I was no longer the occupier from the begining of October 2009 and so I received an amended council tax bill in November, which is for the correct amount. But the liability order was granted the previous June of 2009, when the amount of the liability was incorrect.

The account was passed to bailiffs who delivered 2 notices at the same time in the same envelope but are attempting to charge me multiple fees. I have disagreed with this. I am in receipt of their reply which states that Throssell v Leeds was a community charge, not council tax. Also the fact that it was a county court Judge and therefore binding on that case alone.

 

The letter goes on to say there is a distinct difference in the legislation between Council Tax and the community charge. Adding that 'Taking the Juges comments literally and applying them to Council Tax, making a visit to enforce 2 Liability Orders simultaineously, it is reasonable to apply fees as detailed in legislation, which are £24.50 or £18.00 per Liability Order and it is therefore an authority to charge for multiple Orders and not an authority against it'

[popperdom]

I should add that the amount that the council request me to pay is correct. It is the second liability order that is incorrect

[seanamarts]

Get on to the benefits and revenues department asap, looks like some one has made a boo boo.

[popperdom]

I will do that today. Thanks for your help.