newlyn bailiffs help!!!!

[jas2002]

Hi, I really hope someone can help as I really do not know what to do. I received a council tax bill (340 pounds) in May 2012 and then 4 weeks later a summons ande baillifs notice for council tax dating back to 2004. I telephoned the council and explained that whilst I lived there for a period of 6 months I had paid my council tax. The council started asking me for tenancy agreements for other tenants and bank details for the property. I explained that I would not have those details as I was not the owner of the property and have never owned the property. They asked for proof of this and I said that should be easy using land registry and I also gave them the owners name. I emailed them to ask them to update their records and hence I would not be liable for the council tax. This was all emailed. I did visit for legal advice and they said I would not be liable for someone else's council tax and if another tenant has not paid the owner would be liable. They also asked me for details of the liability order which I said I did not have (although I had requested this twice already). I received a 'notice of distress' hand delivered today (no goods seized or mentioned) and phoned the council.

The council have asked for proof that I was not the owner (which they already know) and I was told to get a letter from a solicitor stating that ' I made no financial gain from the property when it was sold'.(has anyone else been asked for this, they said it was normal?).

 

I still have no details of the liability order and I am not entitled to legal aid so can I write the letter they are asking for myself? I am really fed up and this seems odd, they should be able to found out who owns a property (they even have their name) and I can't afford solicitor's fees for strange requests (if this would resolve it, I would do it, BUT what they ask for keeps changing). What do I do about the notice of distress, can they levy my partner's car (not married) and he has a blue badge. Any help would be really helpful. Thanks

[i hate bailiffs]

this alleged debt has nothing to do with you???

[ims21]

Thread moved to Bailiff forum where the guys will be happy to help as soon as they are available.

[ploddertom]

Is this for a previous address? Did it occur before you got together with your partner? Is your partners car from Motability or does he get a free tax disc?

[jas2002]

(refers to previous question asked in other forum) no! When I lived there I paid my council tax. At first all I was asked for was to prove I wasn't living there. I agreed to this and spoke to my council to ask for the dates that I paid council tax. But then received an email asking for completely different information. They told me they had me as the owner (and they now know this is not the case). They have now even confirmed this with the previous owner BUT I still have bailiffs and today was asked for ridiculous information! (when I gave them the owner's details I never heard back from them, even when I asked what was happening and had they updated their records!!

[jas2002]

Yes it is for a previous address in 2004 and I moved into my partner's house in 2008. The car just has a blue badge.No information about the car was on the letter of distress.

[i hate bailiffs]

still confused is this debt yours does it relate to when you were living in the property

[jas2002]

No, it does not relate to when I was living there. They had a 6 month period when council tax was not paid and then the owner/landlord is apparently liable. BUT I was not the owner or landlord. They have the owner's details which I have provided!!!

[jas2002]

I was hoping to get the liability order set aside as I am not liable. BUT have not been provided with any details about the liability order and I am not sure what the legal costs will be!!!!

[i hate bailiffs]

ok so the council have a liability order against you stating you owe x amount when you were not liable for the debt

 

If that is the case you will need to make a formal complaint to the council, Local MP and councilors

consider taking things further with local government ombudsmen if council fail to sort things

 

council should stop bailiffs immediately

[jas2002]

Thanks, their complaints procedure is in 3 stages, so I can't go straight to ombudsmen. Will I need to set aside the liability order and how do I do this? Should I still go to a solicitor to get the letter they have asked for?

[smouk]

One thing that should shut them down is you showing them proof of paying CT elsewhere in the disputed period. Is that possible?

 

As for proving that you "didn't own"/"didn't gain"....well how on earth are you supposed to prove a negative?

 

Good luck with setting aside. You'll most likely find that there was no proper hearing and no record at the court. Courts strike nasty deals with LAs.

 

What's the local press like?

[ploddertom]

I've seen this type of thing happen before, not Wirral Council by any chance? Have they provided you with any details of anything? You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

Although for a previous address is it still the same Council where you are now? As for your OH's car make sure the Badge & clock are clearly visible in the windscreen.

[jas2002]

I have now written a formal letter of complaint to the council (I have emailed this, does this matter?) Should I send a copy of this this to the magistrates court (not sure which one, can take a guess) to set aside the liability order?

[jas2002]

Hi, yes I can prove I was living elsewhere and paying council tax. I'm really fed up now and I am now fighting this. I wanted to avoid solicitors as I am not entitled to legal aid and the cost may add up!

[ploddertom]

Unfortunately you cannot just Set Aside a Liability Order - this needs to be done via the High Court and is not easy. However I believe the Council can have it withdrawn.

[i hate bailiffs]

Hi, yes I can prove I was living elsewhere and paying council tax. I'm really fed up now and I am now fighting this. I wanted to avoid solicitors as I am not entitled to legal aid and the cost may add up!

 

You should not need a solicitor

 

Get on to your local MP let him/her know what the council are like

 

Get on to councilors

 

All that will be free and should get a result

[jas2002]

Thanks for your reply. I have not received any information just the dates they say they sent the summons which obviously I did not get as it was the previous address I lived in for 6 months in 2004! I was told I was not allowed copies of what they sent!! So I just have their word for it and the first letter I received was in May this year and it was a bill and 4 weeks later a summons and bailiffs notice!

[jas2002]

Thanks for all the replies. I will let you know how it goes.

[ploddertom]

They need to provide some proof the debt exists. After all do you remember the £100 I lent you 10 years ago.

[tomtubby]

As this debt is being disputed you need to ensure that you do not have a car outside of your home as this will almost certainly be levied upon or even removed !!