2 x Council Tax Issues

[adridude]

Hi,

 

I'm currently paying off 2 council tax bills happily by payment arrangement, but have some issues which they refuse to iron out for me.

 

1) Nottingham Council: They are happy with my payment arrangement, so am I. BUt I'm disputing the end date of my tenancy. They've charged me up to and including April of 2007 whereas I left the property and moved in with my ex early Jan 2007. Unfortunately the letting agent is no longer available, and I no longer have the paperwork involved.

 

I contacted them and said I could provide full details of where I moved to as I was a tenant in that house, I worked around the corner (which was about 150 miles away from the old address) and on some occasions received benefits at the new address. I also had a doctor registered around the corner of the new house, as well as a sky and telephone subscription.

 

I've offered ALL of this information to them but they will only accept a tenancy agreement. What can I do here?

 

2) Medway Council: This has been paid off, but I am disputing the £150 they charged me for court fees. NOT ONCE was I ever told about court, and after contacting them, I found that they send me a court summons for CTax 3 months after I moved out. My moving out date was EXTREMELY clear as there was an order for possession by the landlord, plus I was registered with the council at the borough next door the day after I moved.

 

Is there anything I can do about this?

 

I'm getting somewhat concerned that the councils work on the basis 'Guilty until proven innocent'...

 

Thanks

 

Ade

[revshelp]

Regarding point one, as a tenant you are only obliged to pay Council Tax while the property was your main or only home which in your case is up until the January. However if you had an assured short hold tenancy that was granted for six months (or more) you are treated as having a material interest in the property and would be responsible for paying the Council Tax up to the end date of the agreement, possibly this would be covered by either a discount if it was a second home or an exemption if the property was unoccupied and substantially unfurnished.

 

The council should be making decisions on the "balance of probabilities" so the more evidence you can provide in favour of your argument the better, this is especially important if the landlord/letting agent is adamant they went responsible for paying the tax.

 

If you can't get any further with the Council, write to them informing them that you wish to formally appeal, you need to give them 2 months to reply but if they don't you can make an application to the Valuation Tribunal to adjudicate.

Edited June 7, 2012 by revshelp

[adridude]

Thanks,

 

I'll try writing to them as every time I've called them they've referred me to the DCA which I have the payment agreement set up with... I don't think they can avoid being written to. The DCA should have already supplied them with all the 'evidence' I sent them... I'll reiterate what I said and take it from there.

 

Thanks

 

A

[adridude]

Update:

 

1) I sent NOttingham Council a LONG fax with all relevant proof that I was no longer in the address. I promptly received a fax back stating that they will ONLY receive tenancy agreements and nothing more. Can they do this as tenancy agreements do not always show the end date. Furthermore, I no longer have this paperwork nor is the landlord available any more. The outstanding amount I am paying off, is now well within the amount I shouldn't be paying... Any ideas?

 

2) Medway Council said that the court charges are final and that there is nothing they can do. I don't understand how they can charge me for a court appearance that I wasn't even told about? Is there anything I can do about this? Once again, I have all of the relevant paperwork to show that I was NOT in the property when they sent the paperwork to the property. Furthermore, they said that they did not have a forwarding address for me, which is a blatant lie, as when this apartment court decision was made, I was the first person they contacted, at my new address.... Is there anything I can do about this too?

 

Please advise

 

Adrian

[ss002d6252]

Once again, I have all of the relevant paperwork to show that I was NOT in the property when they sent the paperwork to the property

 

Providing the documents were sent to the last known address then they have been served correctly - had you told them you had moved and supplied a new address ?. They may have been informed after the Court Summons was issued.

 

Can they do this as tenancy agreements do not always show the end date. Furthermore, I no longer have this paperwork nor is the landlord available any more.

 

They can but then you also have the option of appealing to a Valuation Tribunal if you are still not happy.

[adridude]

Thanks for a reply. I received a letter back in the following order:

 

1 - in my previous post - Nottingham Council) How do I get a Valuation Tribunal kicked in?

 

2 - in my previous post - Medway COuncil) Wrote back to me and told me (summarised in order):

i) Listed various dates letters were sent, and that they are unable to priovide any copies of any documents which they have sent me

 

question: Surely they have these documents on file as they had to have been used in this so called court hearing. If not can I argue on these grounds?

 

ii) They won't send me proof of payment of £150 for a liability order. THey have no such receipt nor proof of this payment being requested nor fulfilled

 

question: I would have thought if any business in england which incurred charges due to a third party in this manner would need proof that this cost should be added onto the total balance?

 

iii) I was told to contact royal mail about any mail I did not receive

 

question They don't have any RM tracking ID's either, and royal mail can't give me an answer about first or second class unregistered mail. Now what?

 

 

Really. I'd be paid off by now if I didnt have to fork out this extra £150 odd. I don't think it's fair that I'm lining some MP's pockets for porn video's or duck ponds because his/her council are lacking somehere along the line :-/

[stu007]

Hi

 

Issue 1

 

Well the council are saying they will only accept Tenancy Agreement - well put then to proof of that statement and ask then to provide you with a copy of the Policy, Legislation, Act of Parliment which states this is the only offical document the council will accept. (Always put in writing and get proof of posting from post office)

 

Issue 2

 

Now the liability order may be a difficult one and as before put them to proof (especially if you did inform then of your move and new address).

 

It is not for you to prove you didnt recieve these documents its actually for them to prove these documents were sent so write again requesting copies of all letters forwarded to your incorrect address with copies of the proof of posting.

 

You require proof of the cost of £150 for a liability order that you are request me to pay.

[revshelp]

1 - in my previous post - Nottingham Council) How do I get a Valuation Tribunal kicked in?

 

You can find out from this link, which also has an online appeals form to complete:

http://www.valuationtribunal.gov.uk/

 

2. From my experience they don't keep hard copies of notices issued, but there are ways to extract the information from their database but it will never be exactly like the original.

 

With regards to the £150 costs it would be an aggregate amount for various services, but they should be able to at least give a breakdown of how its been budgeted. The actual costs of a summons and liability order I believe are only a few pounds.

 

The council only have to provide the courts with proof of postage, as the law assumes that the mail will be delivered by RM.

[adridude]

What does proof of postage entail? As I understand it, the only proof available is when you send letters registered and you get the slip from the RM.

[ss002d6252]

 

What does proof of postage entail? As I understand it, the only proof available is when you send letters registered and you get the slip from the RM.

 

The council will be able to provide computer evidence showing that X number of documents were printed and enveloped (this should match the number of documents due to be printed). They will have a matching slip confirming Y number of documents were handed to Royal Mail - X should equal Y and then its in the hands of Royal Mail to elicit delivery.

 

As much as people may dislike the idea its unlikely that when the figures match that a document has not been printed, enveloped and passed to Royal Mail.

[Feebee_71]

What does proof of postage entail? As I understand it, the only proof available is when you send letters registered and you get the slip from the RM.

 

If you want proof of posting an item take it into the post office and, at the counter, tell them you need a 'proof of posting certificate' it is just that - they place details of who and where the letter is addressed to into their system and print off one of their standard receipts. It costs nothing and is simply proof that you put it in the post.

 

Feebee_71

[adridude]

It's their proof I'm after. Is there any way I can get this?

[Feebee_71]

They won't have any proof as they will have simply put letters to you through their franking system the same as anyone else's!! They will be working on the assumption that, as they put it in the post it has arrived - though you try using the same tactic and they'll want to see you proof of posting!!

 

Feebee_71

[adridude]

I do have my proof actually lol.. all of the GB codes from Royal mail I'm just thoroughly annoyed that I wasn't even notified about intentional court proceedings, nor was I even notified about the court case itself! Had they have told me, payment arrangements would have been set up earlier!