Council Tax Summons.

[philmycoke]

Hi guys,

 

 

in 2006 my house was given on rent to private students either way they were eleible for the council tax. I submitted all the documents for 2006-2009 showing who was living at my address as private tenants and who was responsible.

 

In 2012 the council wrote to me saying I had to pay council tax from 2006 to 2009 based upon 2 things.

 

1. from 2006 to 2008 no one paid the council tax.
   
2. from 2008 to 2009 some other person was living and claiming for the council tax benefit.
    
   In another words the students did not pay the council tax. Then they invented an tenecy agreement and falsy claimed someone else lived there and claimed the benefits.
    
   Since 2009 another tenant lives there who is exemt from paying as shes claming housing benefit and what else so she has nothing to pay.
    
   Issue is from 2006 to 2009 I am being forced to pay. I said no I have submitted the ONLY people who are supposed to live there. All agreements were sent every year once they were renewed. No other person has lived there.
    
   I appealed it got rejected.
    
   Then I went to the tribunal and there I discovered many other things.
   

 

1. students falsey claimed benefits.
   
2. Students created many indenties and put them in the electorl register.
   
3. Open many accounts and did much fraud.
   
4. 
   At the tribulal apprently at any one time from 2006 to 2009 over 9 to 10 people lived at the address.
    
   This was false as I was the main cartaker and did weekly visits from cleaning to DIY. Also its a 2 bedroom house.
    
   The council has said something to do with HMO status. As in multlpy occupency. And the tribual rejected my sotry 100%
    
   question is what do I do.
    
   The students did a lot of fraud as I am getting lots of letters from balifs and credit card compnies along with other junk mail. Odd names too.
    
   Since 2009 no issue. Before 2006 no issue.
    
   Please help.
   

[unclebulgaria67]

Get proper legal advice from a local Solicitor. Perhaps your local Citizens Advice knows of someone who can help with this situation. I have a feeling that as the property owner, if the tenants failed to pay council tax, you would have to pay the amounts due and then issue a court claim against the tenants to recover the amount.

[ss002d6252]

The owner is only liable is they are resident, if all occupiers are under 18, the property is unoccupied or they fall under one of the cases listed in the council tax (liability of owners) regs 1992 (as amended).

 

Quote

At the tribulal apprently at any one time from 2006 to 2009 over 9 to 10 people lived at the address.

 

If there was a valuation tribunal then the council would have to act under the decision given by the tribunal - either the tribunal gave a decision that the council were correct or they gave one stating the council were wrong.

 

A valuation tribunal decision (which the council are bound by) can only be appealed against to the High Court on a point of law or if the tribunal acted outside of their legal boundaries.

 

if the property was indeed a HMO, it is the resposibility of the owner to pay the council tax, not the "tenants"

 

did you issue the tenants individual agreements? or were they under a joint tenancy agreement?

[philmycoke]

Hello.

 

 

Merry Christmas and happy new year to all.

 

 

Please kindly read the letter below which I WANT TO SEND via email to my local council tax department. This will explain the help and advise I need please.

 

 

Dear sir or madam,

 

 

Thank you for the letter dated 30/12/2013 which I received on the 04/01/2014.

Account number: xxxxx

 

Property Reference: xxxxxx

 

 

Please kindly review my questions and answers them so I can fully understand the reasons why the final tax notice was issued.

 

1. since 2004 to 2013 108 direct debits have been paid without an issue.
   
2. On the 26/12/2013 mistake was made where partial direct debit indemnity was made of £67.00. The remaining £100 was still paid.
   
3. From the 26/12/2013 to 30/12/2013 you letter states you have sent me 2 reminder issues.
   
4. The bank states it takes 3 to 5 working days for the company to acknowledge the direct debit indemnity. And with 2 days of weekend, please kindly explain how was it possible or even why did you send me 2 reminders and a final notice in one working day.
   
5. 26th was Thursday, 27th Friday, then the weekend of 28th and 29th.
    
   by all calculations you sent me 2 reminders and a final tax notice in 1 day. Also the letter states because of this I have lost the right to pay by direct debit. From my understanding only £67.00 is missing from 9 years of payments and no previous issues. And within one day you sent me 3 reminders. Also from the 30th I have been given 7 days to pay £209. I got the letter or the final notice, the ONLY letter on the 4th. So I have 3 days including the weekend to find £209.
    
   I do not see this as legitimate, right or even as a good ethical practice. Please note I have not undertaken any legal help as I am trying to understand the situation. therefore I want full details of the representative who will investigate what has happened. As this will ensure accurate communication.
    
   Thank you
    
    
   Ali
   

[Consumer dude]

The system is often automated and letters often get sent out if something fails to happen as it should. Well dine for asking these questions..

[philmycoke]

I need advise. Is this email good to send? How much time do i have? ETC

[lookinforinfo]

The email is fine. If they agree with you, as I do, that they have been over zealous in churning out all the reminders in such a short time then they might not cancel the arrangement you have had with them for the past nine years.

It would be a good idea though just to add that over Christmas until the New year, the postmen have a few bank holidays which means that you would not have been in a position to contact them until the New Year.

[topcat1802]

26/12/2013 was a bank holiday as this was Boxing Day so the only working days between 25/12/2013 and 30/12/2013 were Friday 27/12 and Monday 30/12!

[philmycoke]

Dear friends,

 

I have been scared to death this morning receiving a courts summons for none payment of council tax.

 

They claim that since June I have not paid, I fear this is true.

 

In November I called them 3 times and they said all is well however in November they now say DD was reversed.

 

Bank says I have not paid any DD to council tax. There is no DD in place, yet I have set it 3 times.

 

Either way I conclude from talking with bank and council I owe them 1194.

 

I called them today and they say unless you pay £400 they can not set-up any agreement.

 

From June to today I have received nothing from them. I agree 100% I owe them £1194

 

I do not have £400 to pay before the 2nd of February court date.

 

What can I do?

 

Summons date is 5th January today is 20th when I received the letter. 2nd February is the court date

 

If an agreement is set-up I am fine with that. But to set-up the payment they are saying I need to pay £400 for January

 

I have never been to court and I am scared ****less.

 

Any help or advise please.

[tezza1234]

Try not to worry to much,

if you can,

raise the £400,

if not it will go to court,

extra costs will be added,

 

 

not sure how much,

about £120 all told usually i think

 

 

then they will look to collect,

do you work,

if you do they could get an attachment of earnings,

do you have any valuable assets,

usually the baliffs will set you up on a payment plan.

[philmycoke]

I am unemployed mini cab driver for now! Hopefully next week i can begin working. I want a payment plan.

[tezza1234]

I am unemployed mini cab driver for now! Hopefully next week i can begin working. I want a payment plan.

 

How long have you been unemployed for, are you not eligible to have claimed council tax reductions, do you get housing benefit. If you are working and have a lot of assets, vehicles, big tv's, basically if you look like you have money (even if you don't) the baliffs will try for full payment, just try to prove you have nothing and the only choice is a payment plan.

[Consumer dude]

Let them know immediately that you are not working and would they consider taking off the costs from the summons as this would help you look for work. Plead poverty..

[philmycoke]

Do i get a CCJ?

[tezza1234]

Do i get a CCJ?

 

No, but council tax baliffs can be pretty ruthless and council tax is a priority debt

[philmycoke]

The property in question is rented, and i live with family does that change things etc?

 

Any advise on next stage after court? like balifs?

[martin2006]

are you the named tenant in your rented property? if so and you are unemployed, you should get housing/council tax benefit, this would dramatically reduce your CT bill

[Consumer dude]

Who rents the property. If you have no assets worth taking, then the use of bailiffs might be pointless. Did you ask council to take the costs off..

[Conniff]

Just a note about Council Tax court summonses for you philmycoke.

 

The Councils have no power to collect so need the authority of the court before they can use lawful means to collect outstanding amounts.

 

The summons is for them to get this authority and for a council tax payer to dispute they owe anything if that is the case.

 

If you agree that you owe the amount outstanding, (and you have said you do), then there is no need at all to go to court. Only if you do not agree that you owe the outstanding amount would you need to attend the court.

The judge at this court can't take into consideration any of your circumstances or your ability to pay, all he can do is give agree you are liable for it and give the council powers to collect.

 

As you say you do owe the amount, then just get onto the council again, even pay them a visit taking along an income and expenses table with you and work out a payment plan with them.

 

So to reiterate, there is no need to attend court, it is not recorded anywhere. The judge won't even see your name as he will be presented with a long list of others in your situation and unless someone has turned up to dispute they owe anything, will just stamp it and hand it back to the council rep.

Edited January 22, 2016 by Conniff

[philmycoke]

my friend, i rent out an house.

 

that house is the council tax issue. i live with my family.

 

i am unemployed for 2 months only and shortly due back into work again.

 

i agree i owe them £1194. when i spoke them them and said i want to pay, they said i must pay £400 before any repayment plan is due.

 

i do not have the £400.

 

so the 2nd febuary is the court date. after that i dont know what will happen and how my life will end. i am so scared.

 

90% is there fault i setup 3 direct debts, or they did over the phone and they did not collect and due to my own finanace crisis i used the money.

 

i am not a cheat, i want to pay, but they did not listen.

 

how do i make them setup payment plan.

[Conniff]

Only by talking to them I'm afraid. If you make out a sheet showing all your income and your outgoings and take that along with you to their offices, you will get to talk to a person face to face. You can show them the table you have made, show them some proof that you are starting a new job in a couple of weeks and ask how they can help you.

 

Don't delay talking to them, get down their offices tomorrow.

[Consumer dude]

I would even say again, that ask the council to take off the costs, (you have nothing to lose) and don't even tell them at this stage that you are planning a new job. Stand up for your self. Also make a complaint to the bank about the failed direct debit(s) and possibly make them accountable..

[Conniff]

I'm not sure you can put any blame on the bank, they have a right to decline a dd if there are not enough funds.

[Consumer dude]

I'm not sure you can put any blame on the bank, they have a right to decline a dd if there are not enough funds.

 

I hear what you say but if the belief was that it was understood that it was set up then I personally would complain anyway..

[EDW2000]

I hear what you say but if the belief was that it was understood that it was set up then I personally would complain anyway..

 

 

 

Did the summons contain a claim for costs?