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Sorry in advance as this is a long one.

 

 

My now Partner and i are being taken to court again over a council tax bill from 2006-09 which we are disputing.

It all stems from a benefit fraud investigation,when someone said i was living with my partner when infact we had broken up and i was only helping with our disabled daughter but we have since reconciled and are living together again.

Anyway we disputed the fact we were living together at that time and its still under investigation now.Now the housing benefits side put a hold on their claim for money as its still under investigation, but the council tax side has repeatedly sent letters summoning us to court.

We phoned the coucil and told them we are waiting for a tribunal date for the investigation and that the housing benefits side had agreed to put a hold on things and could they do the same,they refused.

So we went to court got took into a side room and got asked by a council person did we want to see the magistrate to which we said yes he asked why and we told him.The council man then made some hurreid phone calls and said they would put in on hold and we did not need to see the magistrate as everything had been put on hold until the outcome of said investigation.

THe very next day we recieved a letter from the council saying they had won in court and we had 14 days to pay in full etc.We rang the council and they said these letters are automatically generated(which really means they printed out the letter BEFORE they thought they were going to win) and apologised and sent another letter confirming it had been done in error.

A few weeks later we get yet another court summons for the same thing, my partner rings a manager to which he says he needs proof that its still under investigation,we provided proof and the manger put it on hold again.Now a fortnight ago we get another one summoning us again for the same thing,so we ring the council to ask to speak to the manager again to get it put on hold, the council said we cant speak to him as hes on holiday ring on the 21st july.We have since tried to make contact with the manager and keep getting fobbed off.Now the sommons is for the 27th of July, so its not long to get sorted out as the council wont be there over the weekend.Ontop of all this my partner is on a high dose of antidepressants and undergoing counseling and all this hassle is really affecting her quite badly.

Do we actually go to the courts and provide our proofs as well as all the letters the council has sent us or do we try and get this put on hold again to maybe be taken to court in a few weeks time.?

Edited by Ripoffasyouview

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Do we actually go to the courts and provide our proofs as well as all the letters the council has sent us or do we try and get this put on hold again to maybe be taken to court in a few weeks time.?

 

The council aren't legally required to hold the case - a benefit appeal is not a legal defence against the issuing of a liability order.

 

It looks like they are holding it a month at a time, each time the hold runs out its the same time the monthly summons run is done.

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That is how it is I'm afraid. You are liable for the amount requested and it should be paid. Any relief that you are due at the moment will have to be claimed back when you are awarded the benefit.

 

You might not get the benefit or relief and then you will be in arrears and they will dock it out of your present benefits.

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Thing is we dont owe the money as its council tax that was claimed when we wernt living together and my then ex was on benefits.How can the council claim for money before a judgement has been made??.What happened with innocent until proven guilty which were not i might add!!!!.We also took legal advice and were told not to pay anything as it could be seen as admission of guilt!!!.

We did nothing wrong at all and with NO shred of evidence the council have been harrasing us for money going to court then holding it etc,yet they can still do this can they?.

ANd to top it off we get letters stating they won in court and it wasnt even heard,they just generated the letter before the outcome ,this wouldnt be allowed if Joe Public did it so how can they?surely there is something that can be done!

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If you can show that you didn't/don't owe anything in council tax, then you can appeal against a Liability order. But you will have to show that at the time you were not in arrears and were 'not' liable to pay it.

 

Unless you can show that, then you have no hope.

 

If there is any doubt, then send the council a subject access request and get all the paperwork they have on you and then you will be able to show if the council claim is legitimate or not.

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She didnt owe anything as she was on benefits at the time, and as you know when on benefits (Income support) your rent and council tax are payed for you. the only reason this has started was a neighbour causing trouble. But my main issue is the council are trying to seek money for a period of time which the investigation covers and that NO outcome has been reached as yet, this has been on hold for 2 years because the benefit people are not doing a thing to reach an out come, its just stuck in limbo!!

Edited by Ripoffasyouview

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She didnt owe anything as she was on benefits at the time, and as you know when on benefits (Income support) your rent and council tax are payed for you

 

Its not automatic (you have to claim each one) and being in receipt of IS does not always passport you to full Council Tax Benefit.

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As I said earlier you will need to be able to show all that your friend is claiming, so send the Revenues department a Subject Access Request along with £10 and get all the paperwork they have on her and then you can take it from there.

 

If you have no proof, then it is their word against yours and they will win, so get the letter off and see exactly what is going on.

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