Council Tax Summons and Charges! have already paid **Resolved**

[HP Mum]

I am in a similar situation - with Westminster Council. I could start my own thread but think it is so similar that maybe the answers will be the same and help both of us.

I was late with a couple payments in late 2012, but caught up.

I cleared the last instalment by 20th Jan - which had been due 1st week Jan - so 2 weeks late for the 3rd time in the last year (12-13).

So nothing else owing to the council for Year 12-13.

However, I just today received a "Notice of Liability Order" - for non payment of C Tax, including summons and liability order costs.

Apparently the Magistrates Court granted a liability order last week. The sum they are now claiming is the equivalent for one extra month C Tax.

They had already received full payment 3 weeks before the Court hearing. I have the on-line receipt as it was an on-line bank payment.

 

Can I argue against this ?

 

They have said they will appoint bailiffs to collect the alleged sum outstanding within 14 days if not paid.

 

Any advice is greatly appreciated.

I could ring them, but think maybe best to write today to complain/argue against these charges.

Is there a template letter to write in such circumstances ?

Or do I just have to pay ?

Thanks in advance

xx

[ploddertom]

I've created a thread of your own as it is better to seek individual advice rather than tag onto an existing one.

 

PT

[HP Mum]

OK.

Thank you Ploddertom.

 

Any advice is welcome.

I did actually bite the bullet and call Westminster. They suggested I send an email to the address on the LO.

[HP Mum]

Just a quick update. I listed all my payments over the year and once it became apparent that I had only missed one payment and the following two were paid early, I drafted a letter to the council asking them to null and void the Liability Order and put my account back to 0. They agreed. Yea ! So I won this battle.

[ploddertom]

Good to hear it is sorted. I will change the title to reflect this.

[HP Mum]

Quick query:

Payments made to council every month. 

Was a bit late a couple times, which led to the loss of automatic right to pay in instalments.

Council thus asked for remainder in full.

 

At same point, realised that property was exempt and that NO payments should have been made at all since start of payment year in April.

 

Between realising and writing to council to explain and ask for a refund - the council went to court to get a liability order, which incurred costs.

The council researched situation and agreed the property was exempt - and sent a letter outlining the refund.

 

However, the council have not refunded the liability order costs £30, the court costs £0.50p, and their billing authority costs £82.

 

If the property was exempt how can the council still be trying to charge these costs?

 

How can liability be charged when there was no real liability?

 

How to reply to council to request these costs are also refunded??

[honeybee13]

Were they notified of any change in circumstances that led to the exemption?

 

HB

[HP Mum]

they were notified at the point when the payer realised they didn't have to pay.

 

 

[HP Mum]

for clarity - property repossessed.  'owner' thought they were still liable until property sold - so continued to pay monthly.   When it was pointed out to 'owner' this wasn't the case and they should not have been paying from the date they moved out, they wrote to council and asked for a full refund.

repo properties are exempt from council tax.  So there was no liability for anyone to pay any council tax

[London1971]

Take it up with your local Councillor. They should be able to sort it out.

[HP Mum]

staff at the local council have issued a refund, less these costs - shouldn't a reply be made to those with whom already communicating?  Just trying to keep it simple.   Its just a question of is it correct to ask for refund of these liability/ authority costs, given no-one was liable?  And if this is correct - what's the best (firm legal) wording for payer to use?

[London1971]

In my experience local Councillor cuts through all the layers of staff and gets things done.

[HP Mum]

main query is - would they be justified in charging such costs?

[dx100uk]

no

 

dx

 

[HP Mum]

thanks dx

Happy new year

[HP Mum]

brief update:

Council have written to say:

a) full refund is due because the property was exempt/ I was not liable but

b) the liability order, court, billing authority costs remain chargeable because I didn't tell them the property was exempt    

They say they still sent out the bill demands and thus the costs for not paying on time, which led to the demands being issued, and not telling them the property was exempt  -  still stand...

 

I didn't know I didn't have to pay!  Their a) and b) don't sit comfortably together...

Am going to draft a response.  Any helpful hints??

[dx100uk]

mp time IMHO

 

dx

 

[BazzaS]

2 hours ago, HP Mum said:

brief update:

Council have written to say:

a) full refund is due because the property was exempt/ I was not liable but

b) the liability order, court, billing authority costs remain chargeable because I didn't tell them the property was exempt    

They say they still sent out the bill demands and thus the costs for not paying on time, which led to the demands being issued, and not telling them the property was exempt  -  still stand...

 

I didn't know I didn't have to pay!  Their a) and b) don't sit comfortably together...

Am going to draft a response.  Any helpful hints??

 

By "I", you no doubt mean the property owner .......

 

If the property owner advised ther council the property was exempt prior to the costs being incurred, the council cant claim them, as the council has acted improperly.

 

If the council incurred the costs prior to the property owner advising the council the property was exempt, the council has acted properly, and is able (and likely under a duty) to claim back the costs incurred as a result of an error that wasn't the  council's fault, but was the property owner's fault.

 

You (I mean 'the property owner') might be able to ask for the costs to be cancelled on a discretionary basis, but the council can continue to seek them - why should the counci'sl tax payers be liable for the costs caused by the property owner's error?.

[HP Mum]

ok thanks bazza.   Written asking for their discretion....  Lets see...