CTAX CO - should it be on my credit file?

[randomblokey]

Hi All

 

Earlier this year I had a Final Charging Order applied for by my local Council to my local County Court. This secures a long-standing Council Tax debt from a past period of financial difficulty. I’ve no problem with that, it’s right and proper and appears to have been done procedurally correctly.

 

The issue I have is that the Final Charging Order, issued by the County Court with a case number etc, has found its way to Registry Trust so is now listed on my credit file by the credit reference agencies.

 

I’d always understood that credit reference agencies didn’t list council tax debt, so I’ve done a bit of research and made a few calls and I’m now in a position where I need some advice – hence my post here.

 

I rang Registry Trust,

the guy I spoke to said normally a charging order wouldn’t be listed but the info they get sent to upload from the County Court Money claim centre doesnt specify what the Judgement is

- it just lists case number, amount, claimant & defendant names.

 

 

He advised me to call the County Court Money claim centre, who have asked me to put my case to them in a letter or email.

 

So what I’m looking to find out is:

 

1. What and where is the legislation or rules saying what Registry Trust should list?

 

2. How do I go about getting them to remove the record if it shouldn’t be there?

 

3. What about the credit reference agencies themselves, what and where is the legislation or rules saying what they can list?

 

I dont want this blighting my file for 6 years if it shouldnt be there. Thanks in advance for any help

[renegadeimp]

Are you sure its a CCJ for council tax? Non payment is a criminal matter. Not civil, so it wont appear on your credit file.

[dx100uk]

no ive never heard of a charging order showing either

did they get a CCJ first?

or is that not how it worked out?

[randomblokey]

Hi,

definitely for council tax,

its not really a CCJ as such but the County Court issues Final Charging Order awards where the council have applied for a debt to be registered against property title, which is what has happened in my case.

 

On the face of it though, it make look like a CCJ in that it has a case number, amount, claimant & defendant names -and it seems that someone at the county court has forwarded this data to Registry Trust, perhaps in error, who have then uploaded it as if it is a CCJ

 

Im trying to find out what and where is the legislation that says what Registry Trust is responsible for, as if that doesn't include Charging Orders I can then ask the to remove from their records

- and thus remove from my credit record also

 

to clarify further,

I have a copy of the Final Charging Order granted to the local council by the County Court,

a copy of the Registry Trust record

and a copy of my credit reference files,

so I know it shows there even though I think it shouldnt!

 

I'm trying to get to a position where I can write and ask the correct authority (registry trust? the county court?) to look at the specific legislation and ultimately get this off my credit reference files. Im not looking to overturn the charging order or avoid the debt.

 

thanks

[AndyOrch]

The fact that you have let it get to this stage by way of charge to secure the debt is incumbent to appear on the Registry Trust and CRAs .....because it was not dealt with in the early stages and normal means of enforcement.

 

County Court Action

 

The Council can apply to the County Court for help to recover Council Tax, where repayment has not been made and other methods of recovery have failed.

 

The Council can secure the debt against your home. This is called a charging order and means that you could lose your home if you don't keep up the repayments.

 

Charging Order

 

A charging order allows the Council to levy a “charge" on your property in order to recover Council Tax arrears. Once a liability order has been obtained, and providing the outstanding council tax debt is over £1,000.00, the Council can apply to a county court for a charging order against your property. This agreement will include any future council tax due, plus interest.

 

If granted, the Council will be entitled to receive the outstanding amount of arrears if the property is sold (subject to there being sufficient equity remaining after charges of a higher priority are redeemed, e.g. mortgage). Also loans cannot be taken out against the property until the debt is paid off.

 

The county court is empowered to order the sale of the property if you do not pay, or do not come to an arrangement to pay, the outstanding Council Tax arrears.

 

So if you didnt want it to appear as a negative marker then ideally you should have dealt with it earlier at the normal enforcement methods.

 

Regards

 

Andy

 

Thread moved to Local Authority, Council Tax and Business Rates Issues Forum

[randomblokey]

Thanks Andyorch

 

I had no means of dealing with it at the time, so I am where I am.

 

So essentially your advice is that although Council Tax debt doesn't normally show on a credit reference file, because this has been processed through a Court it has formed a CCJ of sorts, got on the registry trust list it and credit reference agencies now list it also.

 

If thats all correct and this form of judgement should be listed, Ill leave it at that.

[AndyOrch]

Yes thats about the gist of it...unfortunately......not just because it was finally placed as a Charge over your property..but the fact you let it get to that stage by not dealing with the Council the Bailiffs etc...lessons to be learnt

[randomblokey]

Thanks.

For the record, I did deal with it as best as I could at the time, dealt with the council and with their enforcement agents and ultimately the council decided to get the charging order to secure the debt I was paying. When it comes to a choice of feeding your kids or being bullied by a bailiff to pay more than you can afford, the kids come first. Lessons already learned are about surviving several years of very harsh economic circumstances following a global financial crash that decimates your industry, and coming out the other side.

You can't fight city hall..

[AndyOrch]

I appreciate that and please dont take my post as judgemental....I accept all the stark realities of struggling to make ends meet....Simply trying to outline more for the benefit of others that Council tax cant be got around...its the second most important priority debt after mortgage /rent.There are no loopholes only consequences.

 

I dont know what you tried to agree with the council before Bailiff action but even if its an agreed payment of £5/10 per month...council will accept subject to your I&E..and if they refuse at least you have tried and have some sort of defence to challenge further enforcement.

 

Regards

 

Andy