CTAX debt - Rossendales Notice of attendance for my partner and his ex - HELP NEEDED

[dizzy_minx]

We have received a hand delivered letter late this afternoon containing 2 notice of attendance from Rossendales for my partner and his ex for 2003 for North East Lincs Council.

 

Problem is that my partner and his ex were not living there at the time of this unpaid council tax in 2003 as they had moved to Wales (he split from her in 2004 and he and I have lived together since 2006 in the South of the UK).

 

The council were aware of this as my partner wrote to them in 2008 and we never heard a peep out of them since then.

 

Is it possible the owner of the house never informed the council that my partner and his ex moved out?

 

How can this be proved?

 

My partner is dyslexic i deal with a majority of the bills which right now I should not be doing as this has come at a very distressing time.

 

 I suffered a miscarriage in the past few days and it has sent us both sideways, but I am worried for bailiffs to enter our property (private rent) and upsetting our 2 young children and myself.

 

My ex's partner is in Wales.

Is she liable to pay half if I pass on her address?

Will my income (child tax credits and child benefit) have to be taken into account for the incomings and outgoings?

 

We are both unemployed and have no savings.

 

Will I be dragged into this even though I have nothing to do with debt even thought it seems I already am?

 

I should be resting but I cannot with this hanging over us.

Thank you for any advice.

 

C.

[dizzy_minx]

Can anyone give ANY advice?

 

My partner will contact the NELC today to see if they will take back the debt. Not going to allow contact with bailiffs whatsoever.

 

This is a real bad time for us. Neither of us can do much grieving without something such as this muscling its way in on us 

 

NELC are adamant that they WILL NOT take back the debt, but they have put the account on hold for 28 days due to our bereavement....but also for my partner to prove he was not at that address. Even breaking down on the phone didnt help.

 

Very confusing situation, his ex is named on the bailiff's letter but not on any correspondence from North East Lincs Council. They say they have 'a' signature but they dont know if its my partners.

 

Rossendales have my partner AND his ex as those responsible for the debt, but NELC say its just my partner.

 

The lady from the council said my partner was claiming single occupancy but if his ex was there then it's fraud.

 

I just want to pay it to get rid of all this mess even though its nothing to do with me.

 

While writing this, my partner contacted the council in the area he was living in between the times for this unpaid council tax and have confirmed he WAS living in Wales for those dates but as that was in his ex's name they couldnt give info out.

 

They made it sound like she had diddled that council somehow from certain words that were said.

 

He is now on the phone to the DWP for infor going back to 2003-4 and hope for some 'proof'.

 

Alas, no good. Records only go to 2008.

 

Now ringing the jobcentre he was signing on at the time of these dates. My head hurts......

[hallowitch]

in your situation i would send the council a subject access request this will give you all the info you need to see what is going on with this council tax account some councils don't charge a fee for this if they do charge a fee this will be £10

 

if you move out a property in the middle of a financial tax year and the council are not informed you are taken to court and a liability order is granted for the full amount of council tax for that tax year

 

therefore if you moved out after April 2003 and you didn't inform the council you will be charged for the full 2003/2004 tax year

[dizzy_minx]

Thank you Hallowitch.

 

North East Lincolnshire council are sending paperwork relating to this Council Tax query. The letter my partner contested in 2007 quotes a total different to the amount over the phone this morning. We will also be asking for a copy of 'the' signature. If they cant say for certain that it's my partner's how can they prove that it is his?

 

We have been in touch with a relative up north and agree it's possible that my partner's younger brother could be at fault. Several appearances in court for different offences kind of wants me to point the finger in his direction.

 

Its also come to light that the house was owned by his uncle and when my partner and his ex moved out (sounds like housing benefit and council tax was fine up to this point!) and his brother and cousin moved in. NELC claim the unpaid council tax started from around the time my partner says he left to move to Wales.

The council in Wales say that his ex was in Wales at the dates we need but as it's all in her name all the council could say is it has her name on their records for the HB and CT which was a joint claim for her and 'one other'. They couldnt confirm or deny it was for my partner - apparently no name, just 'one other'.

 

We are running out of options here as paperwork is not something he handles very well due his dyslexia and a majority of paperwork then was filed out by someone else. Any paperwork that has had to been filled in these days (since Feb 06) is done by me or is is at least double checked by me before it goes anywhere!

 

We are trying HM Rev & Customs for some info if they ever answer their phones today. Is there ANYONE else we can contact or can help regarding this matter? CAB would be the next thought but our local one is constatnly busy and only once a week by appointment only or the main one 10 miles away again by appointment only and a waiting list up to 3 weeks. I am am not fit to travel by bus (we do not own a car nor ask for lifts from friends or relatives) and neither is my partner capable of dealing with this by himself should he go to the local CAB on a Friday.

 

Sorry if this seems long but we will appreciate any extra suggestions that is offered.

 

P.S. Can bailiffs levy items that I own in the property my partner I reside in even though his ex lives in Wales? Is she liable for half the debt??! 90% of items here are mine (gifted or bought) or belong to our children. I will not let them gain entry whatsoever for this to happen!

[hallowitch]

council tax is a joint debt so both your partner and his ex are responsible for it

having said that they don't split the debt they will pursue one or both for the full amount

 

believe it or not you are in strong position as far as bailiffs are concerned as you don't own a car and know not let them into your house so there is very little the bailiff can do except return the debt to the council

 

North East Lincolnshire council are sending paperwork relating to this Council Tax query.

 

don't rely on this info subject access request them this will give you all info regarding this it will include copy's of everything including phone calls letters sent received action taken notes added to the account

 

things they may not send you perhaps things they don't want you to see

 

 

you could also subject access the job centre in north wales give them his national insurance number

as you are both unemployed you should ask the council for an attachment of benefits

 

Income Support & Job Seekers Allowance

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

 

any letters sent to the bailiffs should also be sent to the council all letter to bailiffs and council should be sent recorded delivery keep the proof of postage

[dizzy_minx]

Thanks once again.

My partner is CONVINCED he was not there and I think we have just about exhausted all options. The council in Wales seem to suggest my partner had moved but they have nothing with his name

Contacting his ex is slightly on tenderhooks as they have a child together but I am trying to get him to contact her to see if she has anything that could prove he wasnt up North. Her mother was quite nasty to my partner all those years ago and most likely disposed of any paperwork with his name on it.

Subsequently, the Benefits Delivery Centre down this way are going to see if they have any info but one customer service agent said records only go back to 2008. The letting agent in Wales from 2003 has records in archive but they are transferring over to their computer system. DVLA are sending a form for my partner to fill in to request info. They confirmed the address for the period in question. We can only hope someone comes through for us. I do not want to be linked to this debt whatsoever and I do not want to contact the bailiffs for a debt that my partner is not admitting to. The lady whom I spoke to at North East Linc Council this morning said to contact the bailiffs. Does that not mean the debt is being admitted to? Also, there was no time or date for any further visit from a bailiff. All this letter seemed to be was a copy of what NELC sent back in 2007 - a notice of attendance, magistrates liability order - but from Rossdales.

I will try and photocopy these letters and pop them up here.

[hallowitch]

is it possible the council have your partner and his brother mixed up i assume they share the same surname

 

 

his brother and cousin moved in.

 

The lady from the council said my partner was claiming single occupancy

 

 

this look likes your partners brother moved in and claimed he was living there alone as he moved in with a cousin not a partner

 

ask for the date the single occupancy was clammed

ask them to check there records to see if the fist name has been changed(perhaps there first name has the same initial)

ask if they have a date of birth for this claimant

[dizzy_minx]

Ok. Here are the 2 letters my partner was sent from NELC back in 2007 - these were in his name only....

and the 2 that came last night at 5.20 pm quietly hand delivered no stamp or post mark - these are in my partners name and his ex's name. The council say it shouldn't have his ex's name.

 

Totals from NELC today should be: £385.95 and £206.21 which is £162.40 adrift from their original copies. I can only assume there are court costs included in there somewhere but the lady on the phone said something about £50 magistrates costs. Doesnt seem to add up.... We've had no other correspondence from NELC to say anything about totals changing. This matter has been suspended for 28 days while we try to grab documents out of thin air to provr my partner wasnt there.

 

Also there are NO DATES for the period in question from either the council or Rossendales.

The letters from Rossendales: are they the same type of letter? Just a liability order? As I said earlier, no date of a bailiff to turn up. How long would this be before someone did?

 

Hope I have attached the letter correctly.

 

C.

Ok. Here are the 2 letters my partner was sent from NELC back in 2007 - these were in his name only....

and the 2 that came last night at 5.20 pm quietly hand delivered no stamp or post mark - these are in my partners name and his ex's name. The council say it shouldn't have his ex's name.

 

Totals from NELC today should be: £385.95 and £206.21 which is £162.40 adrift from their original copies. I can only assume there are court costs included in there somewhere but the lady on the phone said something about £50 magistrates costs. Doesnt seem to add up.... We've had no other correspondence from NELC to say anything about totals changing. This matter has been suspended for 28 days while we try to grab documents out of thin air to provr my partner wasnt there.

 

Also there are NO DATES for the period in question from either the council or Rossendales.

The letters from Rossendales: are they the same type of letter? Just a liability order? As I said earlier, no date of a bailiff to turn up. How long would this be before someone did?

 

Hope I have attached the letters correctly.

 

 

 

It seems the letters are too small to read

 

 

 

 

[hallowitch]

i cant read them most on here use photobucket

[hallowitch]

How to access the personal information we hold about you

 

You can make a subject access request by:

• Completing our online form;
• Completing the Data Protection Act Subject Access Request form available from our Customer Services;
• Sending an e-mail to [email protected]; or
• Writing to:

Corporate Records and Information Manager

Policy, Performance and Development

Municipal Offices

Town Hall Square

Grimsby

North East Lincolnshire

DN31 1HU

Processing your request

 

In order to process your request, we will need to confirm your identity and current address; this is to prevent fraud and is common practice for all requests under the Data Protection Act 1998. In order to do this, you will need to provide one document from each of the lists below.

List A (Identity)List B (address)

• Birth/ adoption certificate;
• Driving license;
• Medical card; or
• Passport.

• Bank/Building Society statement;
• Utility bill (electric, gas, telephone or water);
• Letter from Solicitor / Social Worker / Probation Officer / HM Revenues and Customs / Inland Revenue / Benefits Agency or Employer

We are only in interested in confirming your identity and address, so you can delete any financial information you do not wish us to see.

Your request will be placed on hold until we have received the proof of identity and address documentation.

 

Responding to your request

 

We will provide you with the requested information within 40 calendar days as required by the Data Protection Act, once you have provided us with the all the details we need to process your request.

Our response will provide you with, if appropriate:

• A description of your personal data held;
• Why your personal data is held;
• Who else your personal data might have been given to;
• A copy of your personal data;
• Any explanation of any technical terms or abbreviations used; and
• Any information about the original source of your personal data.

We can withhold some data if, for example, it refers to other people who have not consented to disclosure, if disclosure might cause serious harm to you or anyone else, or might prejudice crime prevention or legal proceedings. Even if we cannot provide you with copies of the data we will confirm what type of data we hold and why we hold it.

 

 

send them this (don't send it until tomorrow hang on and see if someone can come up with a better one)

 

dear Sir/Madam,

 

kindly provide full and complete copies of any and all data you hold which relates to me and my entire Council Tax history with North East Lincolnshire council

For your convenience I have detailed below a list of what I require, although this is not an exhaustive list by any means and is just an example of some of the information I require with regard to my account

 

If a payment of £10 is required please inform me by return e-mail

 

Computer screen notes relating to the conduct of my account

Computer screen notes relating to transactions that have gone through my account to include payment from benefit agency

Internal messages or notes relating to the conduct of my account

Internal messages or notes relating to transactions that have gone through my account

Recordings of any telephone conversations, whether internal or external, relating to my account

Copies of any e-mail's, or other electronic communications, whether internal or external, relating my account

Copies of letters relating to my account

All information relating to litigation that has taken place on my account

copy's of any liability order relating to my account

notes of any changes made to my account and the reason for the change

 

Yours

 

your bailiff is collecting against 2 liability orders issued march 04 and June 04

 

this look likes council tax years 03/04 and 04/05

don't worry about bailiff fees at the moment that can be sorted later if your partner has to pay the debt (hopefully it wont come to that )

 

you left the ref numbers on the council letters can you remove them please

[dizzy_minx]

Thank you so much Hallowitch for info and suggestions. You have been most helpful.

 

Can the proof or ID and address be photocopies? I can be ready to send the above constructed letter with relevant documents via email tomorrow morning. Do I need to request Data Protection Act Subject Access Request form via post or email before sending proof of my partner's ID and address?

[hallowitch]

it look like they have an on-line form you can fill in i would fill it and put subject access request i would send attachment with proof of id and ask them to inform you immediately by return e-mail if this is good enough to release the information

[dizzy_minx]

Great! Will sort this out in the morning. Then I can see EXACTLY what has gone on with this account and go from there (and may end up telling my partner off in no uncertain terms if there is nothing much we can do!).

This has been a good distraction all things considered, but thank you for your help x

 

Caz

[MARTIN3030]

Ok attatchments removed as per request.