Once Council sharing Info with Another

[adridude]

Hi,

 

I'm slightly concerned as to how my previous borough council retrieved my information from the new one I only just moved into (this was going back a year ago now).

 

1) I used to live in Medway Council area.

2) Was evicted after a posession order (yet illegally as landlord locked me out, took my goods etc... on the day whilst I was out - not the current issue) on 19th Nov

3) On 17 Dec Medway Borough (or the court, still nto sure as I never received em) served me court papers stating I had to make an appearance

4) 2 weeks later, after a spate of homelessness I get an attachment order

5) I contact medway and confirm it (and the debt), but ask how they got my information

6) the said that Swale Borough Council had given my details to them

 

My concerns are that:

 

- I've always remained in good comms about the debt in questions and paid when I could

- My details are being passed to and fourth

- Medway C Council, will NOT re-send any of the warnings nor have the letters of intent sent to me regardless of a SAR

- My name is NOT on the public voters register

 

Is there any way in which I can question as to how this was done? as they are demanding silly amounts of money out of me in payment arrangements regardless of sending them my own company books, IE sheets, bank statements etc...

 

I was told, in these words "we will send bailiffs, if you can't pay you will go to jail"?

 

Can they do that? At the moment, I've dropped the payments to ALL other debts (non prio), indicated on the IE sheet, dropped my bilsl down to nothing, despite the half crippled company needing them and they are stating that I'm out of order?

 

Any advice? Or should I just go back to Holland and leave them holding the baby for 6 years? hahaha

 

Adrian

[hallowitch]

I believe legally local authority's are allowed to share information regarding council tax debt (cant remember where i read it but will see if i can find it )

 

If you send SAR request the information you want would have to be included

 

yes they can send in the bailiffs

 

no they cant send you to jail for not paying your council tax but they can send send you to jail if you wilfully refuse to pay your council tax

 

you were evicted on the 19th November have you confirmed the date your liability for payment stopped and the liability order amount

 

do capita administrate your council tax (i bet you a £1 they do )

[ss002d6252]

For Council Tax information is shared under regs 3 & 4 of the administration & enforcement regs 1992 but the sharing all falls under section 29 of the DPA.

[adridude]

do capita administrate your council tax (i bet you a £1 they do )

 

What did you mean by that? I've been keeping up with payments, give or take a week due to income and surprise bills, and also on the odd month I have overpaid as a good will to show that I am willing to pay back the debt.

 

This STILL isn't good enough for them, and I am still on a low income.

 

Are there any suggestions as I've:

 

- kept in excellent comms with them

- made sure the agreed amount was paid on (or within one week) of the 1st of each month

- openly told them I am happy to send in my company books to show that its on it's way out

- openly told them that I am happy to send them all my bank statements

 

Since I've been moved onto DLA, I'm receiving a bit more money, but now my own council expect me to pay £20 a month towards my borough tax, which I do, and I have to pay £50 towards rent now, which I do.

 

This only leaves me with the £63 odd a week. On top of this, I have a payment thing with british gas which is £33 a week for 6 months until my bill is paid off.

 

They ARENT happy with this and are threatening blue murder i.e. sending bailiffs (I told them I had nothing), and them send me to prison if bailiffs can't recover the funds.

 

Or are they just using strong arm tactics in hope that I panic and rob a bank to pay them off? lol

[ploddertom]

Capita are a private company who do the back office work for a lot of Councils inc Revenues. They also happen to own a couple of Bailiff companies - Equita, Ross & Roberts. Therefore if you ring the Council it is more likely you speak to a member of Capita rather than the Council and they have a vested interest in threatening Bailiff action.

 

Do you actually know how much you owe? I note you also make mention of a company - is this all for Council Tax or is some for NNDR as well. You should ring them and ask:

1- how many Liability Orders they have against you

2 - the dates they were obtained

3 - how much each one is for

4 - the dates each one covers

5 - how much is still outstanding on each

 

I actually imagine they are happy with your payments at present as otherwise they would have passed it to the Bailiff by now - they are probably only mentioning this to keep the pressure up on you.

 

You say you also get DLA now - I was under the impression this could not be taken into account as income. It may be worth contacting the Council or local CAB to see if they have a Welfare Rights Adviser who may help make sure you are claiming/paying what you should be.

 

PT

[adridude]

Hi PT,

 

I have contacted them 3 times already today to discuss payments, and I have upped the anti from £15 a month to £40 a month to keep them happy, YET AGAIN, they refused it and said that "we are unable to accept less than £50 a month".

 

I asked "are you refusing me to pay my bill at a rate which I can afford"... "Yes".

 

I asked to speak to the recovery team, and tada, phone went dead (all 3 times).

 

Anyway, to answer your questions:

 

1) This is purely an old personal council tax bill, it has nothing to do with my LLC at all.

2) 2 Liability orders, one is being paid as per arrangement, no problems with them at all. The other, this one (the one in question) was served at an old address, in my absence. I didn't know about it until a month or two later. However, I have remained in good comms with the council in question when it comes to my income and expenditure and situation

3) The first in 2006 (I think), this one is nearly [aid off, and isnt an issue. The latter in Dec 2009, I left the property in Nov 2009.

4) £300 odd and this one £700 odd (including court fees)

5) The first covers 2005-2006, the latter 2008-2009

 

My DLA itself isn't taken into account, but the HMRC are paying me an extra £50 a week for a disability component in my Working Tax Credits. That is what they are looking at.

 

At the moment my i/e =

 

inc DLA: 50 / wk

inc WTTCredit + Diability Component: 100 / wk

 

exp CTax: £5 / wk

exp Rent £15 / wk

exp Electric (payment arrangement too): £33 / wk

exp Shopping + Household: £30 / wk

exp: Telecomms (Internet/Phone): Varies but usually £20 a week

 

I've even explained to them that I forfeit having a telly at home as I am more concerned about paying bills than watching telly (which is true), but alas, they still whinge.

 

Any tips? Or is it best not to talk to them at all and just pay £10 a week regardless? *shrug*

 

Cheers

 

A

[ploddertom]

In my view you are doing nothing wrong, you are aying at a rate you can afford without comprimising other payments. Although they refuse to accept your proposals of payment they would soon shout if you lowered them to say £10 - repeating the £45 you said you would pay, if this is a level of payment that is going to cause you hardship then go back to a lower one. It will pay you to confirm everything in writing. The Council could take things further but as they haven't makes me think they are happy. They will get no where if they took you to a Committal Hearing as you have a track record of payments.

 

My honest opinion - pay what you can afford and ignore what they say - unless it is in the form of a Court Order. Reply to everything in writing. They cannot get blood out of a stone.

 

PT

[adridude]

Sorry I neglected this thread for a while, I've cleared these debts, but they've seemed to have infringed on some DPA stuff... I'm looking into this too, but thats another thread

 

Thanks for the help!