Council tax arrears overpaid - Decree obtained for rent arrears

[daarab]

Hi all

It's been a while since i've posted cos everything has been hunky dory.

I had council tax arrears for 2002/2003 and 2003/2004. I overpaid by £280.00. Just been in to see why i haven't heard anything. Been told i had rent arrears from the same period and a decree was granted. The overpayment made on council tax has been put towards the rent arrears. Now i have no knowledge of any arrears or being taken to court. My question is. What do i do. Do i get the decree set aside. And as the arrears are over 5 years are they statute barred.

Many thanks in advance

[IdaInFife]

If a decree has been granted then it's not statute barred.

 

FIrst I would find out IF there is a decree, this can be done bu contacting the council and asking for court ref and which court this was granted at, then check with the court the details and what date and address any court papers were served.

 

You can also write or email the council and ask for a full breakdown.

 

I take it you are no longer a council tennant in that council area?

 

Ida x

[daarab]

Thanks for the reply Ida.

 

 

No longer a tenant, december 2004 when i handed the keys back.

 

Problem I have is until today I did not know that a decree had been granted, and according to council they do not need to notify if they have taken you to court.

 

So if that is the case then surely I can get it set aside.

[IdaInFife]

there are two process' - with rent arrears - yes there is a court case (decree) as such, with council tax arrears there isn't 9summary warrant)

 

we don't have set aside's up here - it would be a recall and this would only succeed if a decree was granted and the papers were sent to a wrong address

 

 

that's why you need to confirm if indeed a decree was granted

 

Ida x

[daarab]

Hi Ida

Went to the council to get details of the Decree. It's been filed in central storage and they can't find any details apart from the day a decree was obtained 17 December 2003.

 

They told me that they didn't have a forwarding address and therefore no papers were sent.

 

When I handed in the keys and gave them notice in November 2003 I gave them my new address and workplace.

 

The council tax has been paid and is cleared.

 

My argument with them is they found me when they wanted council tax repayed, so how could they not find me for Rent arrears.

 

Thanks for your help Ida

Edited June 18, 2010 by daarab
need to learn to spell lol

[IdaInFife]

Well if they wish to collect the arrears they need to go back to court cause its statute barred.

 

 

 

Now regarding if they have the 'right' to offset CT overpayment to the arrears if it's statute barred, that i am not 100% sure off and will ask around

 

ida x

[buzby]

Was the counil rent paid inclusive of Council Tax? If so, they can do this. Similarly, as with most Council enforcement, it is pretty much a admin deal, they supply a list of affected names/addresses and a Sherif signs it off. Putrely administration, tere is no court hearing in the accepted sense, and you don't have any opportunity to object or provide mitigation.

 

As Ida notes, you can only Recall, and the grounds for doing so are very restricted.

[daarab]

Was the counil rent paid inclusive of Council Tax? If so, they can do this. Similarly, as with most Council enforcement, it is pretty much a admin deal, they supply a list of affected names/addresses and a Sherif signs it off. Putrely administration, tere is no court hearing in the accepted sense, and you don't have any opportunity to object or provide mitigation.

 

As Ida notes, you can only Recall, and the grounds for doing so are very restricted.

 

I was paying £13.00 p/w for council tax arrears only, went into office to see if single person discount had been deducted from C/T arrears, and it hadn't, so they put that through, that is where the overpayment has come from.

At no time in the 30months i was paying C/T did i receive anything concerning rent arrears.

[buzby]

No, forget the arrears. When paying rent, was CT included or separate?

[daarab]

Council tax was separate.

[Coactum]

Not sure about Statute barred issue. Consider this: You pay rent and miss a few months then start to pay again. Arrears are below level where a court would grant decree for eviction and so landlord continues to collect the rent as and when you pay. However, he will allocate towards oldest outstanding rent. Therefore on the day you vacate the arrears you think were way back in time are in fact the last few months. Your landlord cannot trace you and goes to court within five years of the time you vacated and decree is granted.

[daarab]

So do you think i'd have a chance of getting this recalled.

[buzby]

I tried ti get an answer from an acquaintance who mentioned to me (years ago) that only when rent arrears were combined with CT was the usual route for court enforcement, if only rent arrears, they preferred to use a DCA, the courts were usually not used, but he's not got back to me, sorry.