Counil Tax Debt Transfered to My Name - Equita

[RLSTINE]

I got two letters from a debt company yesterday saying that I owe money for unpaid council tax. Not likely as it's the one thing I always make sure is paid, so I rung up the council and asked them to explain it. They said it was unpaid for the periods of 2003/04 to 2005/06. I pointed out to them that I didn't even live in this area during those periods. They said my partner hadn't paid the council tax and that because we now lived togeather we were both liable for it! Can they even do that? The debt letters were addressed to me not my partner, I didn't even live with her (or know her during this time when the debt was created) and yet now I am half liable?

[seanamarts]

Who is the debt company, and no you are not responsible for your partners debt.

[seanamarts]

Can you let me know the name of the council dealing with this as well.

[cerberusalert]

The Limitation Act 1980 DOES NOT apply to Council Tax

 

Council Tax is subject to its own limitation period under reg 34(3) Council Tax (Administration & Enforcement) Regs 1992. The local authority may not apply for a liability order after 'the period of six years beginning with the day is becomes due'.

 

The 6 years runs from when the demand for payment is served on the taxpayer (Regentford v Thanet District Council [2004] EWCH 246). Under reg19 the local authority should serve a demand on a liable person 'on or as soon as practicable after the day the billing authority first sets the amount of council tax for the relevant year'.

 

If they have obtained a liability order within the timescale it will be in your partners name and you would not be liable in any case.

[RLSTINE]

It's Elitie Debt collectors and Barking and Dagenham council. My partner was aware of council tax owing in her name from years ago, and is quite willing to pay this, but just very annoyed that the debt company is sending letters (hand delivered letters I have just found out) to me.

[seanamarts]

I am quite surprised that the council have sent in debt collectors and not bailiffs.

[seanamarts]

First I would inform the debt collectors that the debt is not yours, then I would contact the council again and request under what council tax regulations does it state that you are required to pay for your partners debts.

[cerberusalert]

I am quite surprised that the council have sent in debt collectors and not bailiffs.

 

They can't unless they first obtained a liability order & it's too late to obtain one now if they didn't.

[cerberusalert]

Elite Collections International Ltd

 

Suite 4, Justin Plaza, 341, London Road

Mitcham (London)

CR4 4BE

 

 

Main phone:

020 8648 4200

 

According to http://companycheck.co.uk/company/04989661 the directors report is showing this company in liquidation.

[cerberusalert]

Name & Registered Office:

ELITE COLLECTIONS INTERNATIONAL LTD

16-17 BOUNDARY ROAD

HOVE

SUSSEX

BN3 4AN

Company No. 04989661

 

Name & Registered Office:

ELITE COLLECTIONS INTERNATIONAL LTD

Company No. 04989661

 

 

 

Number of Cases: 1

To obtain details of the practitioner click on the appropriate case type description.

Case Number: 1 (of 1 cases)

Case Type: Compulsory Liquidation

Order to Wind Up: 02/12/2009

Petition Date: 13/10/2009

Practitioner Release: 02/12/2009

 

Something not quite right with this company.

 

Are there any contact details on the letter you got?

[seanamarts]

They can't unless they first obtained a liability order & it's too late to obtain one now if they didn't.

 

Good point, I didnt take note of the dates, they wouldnt be able to obtain one in the OP's name anyway, but could of done in the partners name at some point, the whole thing seems very odd

[seanamarts]

Something not quite right with this company.

 

Are there any contact details on the letter you got?

 

Elite Debt Solutions Ltd

 

 

Company Information

 

Registration Date: 20/11/2009

Registration Number: 07082816

Type: Private Limited with share capital

 

Accounts filed on: 20/09/2011

For period to: 30/11/2010

Category: TotalExemptionSmall

 

Registered Address

 

ARMSTRONG HOUSE SWALLOW STREET,

STOCKPORT

CHESHIRE

SK1 3LG

 

 

 

Activities

 

SIC classification code: 6523

SIC classification: OTHER FINANCIAL INTERMEDIATION (NOT ELSEWHERE CLASSIFIED)

[cerberusalert]

Whichever debt collection company it is they're stuffed. Without a LO they can't take enforcement and certainly not against the original poster. They are trying their luck.

[RLSTINE]

It's Equita Bailiffs the letters were from not Elitie (not sure where I got that name from). The problem all seems to stem from her owing council tax from various periods. She had a bailiff come after her before for council tax, but when I got with her I paid that one off. Then I was on JSA for a while and had deductions taken out of that for council tax debt. The thing is as far as she or I were aware this council tax debt has been clear for the last two years. Looking at council tax bills for the last two years there is no mention of debt or money owing. When I rang up she said it was for the periods I mentioned, during which I wasn't even in the same part of the country let alone in this town. If there is a liabilty order, surley this is in her name, not mine so surley they are breaking all kinds of rule in writing to me alone or at all?

[seanamarts]

Yes the liability should be in her name not yours. It sounds like you have been talking to some one from their back office called capita, which owns Equita. Nice bunch.

 

I would contact the council's benefits and revenues department, this should be done by your partner. I would ask why bailiffs are chasing you for the debt when the debt is not yours to chase its your OH.

 

Dont speak with their recovery department, speak with the benefits section. If they refuse to talk to you then request a formal complaint be made.

 

This needs to be moved to the bailiff forum.

[RLSTINE]

She has spoken to someone from the council, and got told this...

 

My name is on the debt Bailiff letters because my name appears first on the council tax bill (which it doesn't but nevermind).

I might not have lived with her at the time of the debt but I do now so therefore my name is included.

The council only take back debt in special circumstances when people are in a vunerable position. My partner pointed out we are both unemployed with two small kids, and she said so are alot of people.

 

I have written a letter to the Council Tax Manager explaining the situation and how extremely ****ed off I am not only in having my name attached to this debt but also because of the ladies attitude on the phone. Really angry!

[hallowitch]

EQUITA & CAPITA doing it there way NO surprise there then

 

 

Then I was on JSA for a while and had deductions taken out of that for council tax debt.

 

was this for her council tax debt ?

did you claim for both of you ?

was the claim in you name ?

 

If the answer is yes then thats your answer Capita didn't bother to check that you were named on the liability order before the sent it to Equita for enforcement

 

Get a letter of to the CEO Formal complaint tell him to put his house in order

[RLSTINE]

EQUITA & CAPITA doing it there way NO surprise there then

 

 

Then I was on JSA for a while and had deductions taken out of that for council tax debt.

 

was this for her council tax debt ?

did you claim for both of you ?

was the claim in you name ?

 

If the answer is yes then thats your answer Capita didn't bother to check that you were named on the liability order before the sent it to Equita for enforcement

 

Get a letter of to the CEO Formal complaint tell him to put his house in order

 

Big yes to all 3!

 

Makes a bit of sense there actually...

 

Am I sending my letter of complaint to the CEO of Equita or Capita?

Edited June 20, 2012 by RLSTINE

[wonkeydonkey]

CEO of the Council....they are ultimately responsible for their appointed agents Equita!!!

 

WD

[RLSTINE]

I got two more letters today (they are quick this equita) telling me the amounts are due on liability orders obtained in 2005 and 2007. Again just my name on the letters no mention on my partner. Is it worth writing to Equita and telling them to look at the orders correctly, or just complainging to the council?

[seanamarts]

I would do both, the council and equita. Seems as they have both cocked up

[brassnecked]

Complain to both and copy it to CEO of council local councillor and MP,

[hallowitch]

Complain to both and copy it to CEO of council local councillor and MP,

 

I would go with that

 

 

I was actually wondering how they managed to get an attachment of benefits taken from your claim as you were not the debtor therefore not named on any liability order even if you are claiming for your partner she is not the claimant

[RLSTINE]

Thanks for all the advice, will be writing to both Equita and CEO of council and send a copy of both to my MP as well. The attachment of benefits is a confusing one. At first no one seemed to be able to tell us what it was for, it was only when I got a letter telling me how much they were taking in total that I worked out it was the same as what was owed for a period of council tax. I just assumed that because it was a joint claim they were able to take out money for her debt (although why they haven't done that for the other debt I dont know.