CTAX Bailiffs.

[timewarp3]

Ok , this is the position

My daughter lives in a property i own -

I purchased the property in November 2022 and had to refurbish due to flooding so the property was not inhabitable until March 2023

My daughter was living elsewhere at the time and moved into my property after it was renovated.( she has lived there since march 2023)

she has applied for ctax exemption due to SMI

CT office have all the medical forms, proofs of benefits, and bank statements to prove this is an ongoing permanent condition, 

The council have confirmed receipt of all the forms and even asked which addresses the SMI applies to - Both the previous address and current address were provided for the SMI exemption .

the council have bailiffs chasing her for a small amount of CTAX from a previous property where she was also Exempt .

i have written to the council explaining the position - they agreed to put 2 week hold on this account .

we assumed the council tax was covered by the SMI Claim being back dated to 2022 and cover current years.

( the council requested proofs of benefit payments for the previous years which was provided and acknowledged)

My daughter was hospitalised due to her illness from November last year to Mid February this year.

I have a proper tenancy agreement with my daughter and all the bills etc are in her name .

I do not reside at the property.

I visit almost daily to check on my daughter, make sure she is eating, do a little washing  and help with keeping the property tidy etc.

The council have issued bailiff recovery action to recover CT for 2022 ( when the house was uninhabitable) and for the 2023 year.

The bills have been raised in My name ( Not my daughters) .

I do not live there, i have no personal clothing or belongings there and have never stayed overnight.

However - i use the address as my accommodation address,

When i contacted the council via email regarding the bills and action , they have asked me to provide my current address for Audit purposes ?? .

 I currently stay at a friends house on an informal arrangement , They  pay full council tax and do not claim benefits, I do not use their address because i do not want financial links  or ties to that person, hence the accommodation address being my house which i visit almost daily due to my daughters condition 

There is no offence or deception involved here -  i do not see any legal reason as to why i need to provide my details in this instance.

Any advice on how i proceed / get the council to cancel the action .

Thanks 

 

 

[dx100uk]

are you on voters there too?

you are to all effect and purpose the landlord in this situation.

if your daughter was in hosp for sev months does this not negate the SMI?

 

thread title truncated.

[timewarp3]

Yes, i am the Landlord.

Yes I believe I am on the electoral role at the address

In my daughters case, the smi is almost certain to a life long illness , I would surmise that  smi patients in general are more likely to be hospitalised due to their illness.

 

[dx100uk]

yes it appears SMI means zero ctax liability,

3 hours ago, timewarp3 said:

The council have issued bailiff recovery action to recover CT for 2022 ( when the house was uninhabitable) and for the 2023 year.

The bills have been raised in My name ( Not my daughters) .

what do you mean by bailiff recovery?

what letters have you received, please scan them up and the bills to one mass pdf after reading our upload guide.

this property in 2022, are you the owner of that too, where your daughter was residing?

it appears that the 2022 period will be covered covered by her SMI backdate, but that doesn't explain why you name is now on bills or you are being held liable.

on the 2022- 2023 period, you get only 1 yrs exemption from ctax because it was uninhabitable by the flooding.

there must of course have been liability orders issued too by the council.

have you got copies of those too?

it may well be that because you are the property owner/landlord, they deem at present there are periods whereby say your daughters SMI was not inplace and in hospital for longer that 2mts is it? i forget, but thus you become liable.

i think it will sort itself out once paperwork and smi backdating is implemented.

lets see these letters etc.

dx

[timewarp3]

 

I was not the owner of the property where my daughter lived in 2022, it was a rented flat.

attached are copy letters

1_3_2_4_merged.pdf

[dx100uk]

the earlier one, why its now in your name is a mystery, but i suppose it will sort itself out when the SMI does get backdated. 

the later more recent one, is almost a full years ctax? which could default to your name as the landlord i suppose because it remains unpaid.

i wonder if some office junior has ticked a wrong name here at some point. though the 2 LO's being in your name? mystifies me somewhat.

[timewarp3]

i have telephoned the council

they refuse to put a hold on bailifs ,

or to change the property into my daughters name and implement the smi

they are insisting i provide my current address details.

surely there is no legal requirement for me to do this .

is there anything i can do other than submit to their bully tactics.

How do i deal with the bailiff situation ,

The LO's are in my name, the bailiffs are seeking recovery from me at that address - but i do not reside there.

so they cannot enforce or take anything

my only concern is that my daughter is vulnerable , she has SMI, The pressure of the bailiffs attending will overwhelm her , i am concerned that they may trick entry or worse, they make take her belongings or misrepresent their intentions.

i have spoken to bailiff company , explained that my daughter is a Vulnerable person and they say they have noted it, It has been passed to their welfare team, but they will will still attend and seek recovery. very rude and abrupt.

how do i protect her from this  / prevent attendance

[dx100uk]

whats the problem with giving correct address then?

22 minutes ago, timewarp3 said:

i am concerned that they may trick entry or worse, they make take her belongings or misrepresent their intentions.

they can't do that.

dx

 

[timewarp3]

I'd prefer not to provide my current address to prevent financial or other ties to the people i live with.

I also want to avoid the hassle of bailiffs turning up at this address 

the address i live at - pays full council tax .

 

bailiffs turning up and threatening to take goods at my daughters address , would be detrimental to my daughters current condition.  My daughter would not cope .

its ok saying they cant  do that,  but we all know that these bailiffs do not follow guidelines and prefer to intimidate,, 

 

is there a poster or notice i can attach to the door - to stop them calling 

 

[dx100uk]

well seems like most of your issues then are of your own choosing, which no advice can change or is needed upon.

21 minutes ago, timewarp3 said:

is there a poster or notice i can attach to the door - to stop them calling 

 

nope stupid Freeman of the land twaddle.

 

[London1971]

The best way of stopping them in their tracks is far easier and more effective than sticking a silly poster on the door, send an email to her local councillor, should be easy to find on Google.

Explain the situation and that you are happy to provide a medical note from her GP / Consultant, then I'd give them a call on their mobile and explain things. It should take about 15 minutes to stop the Bailiffs.

PS I'd also copy in the head of the council and Council tax revenue team into the email also.

PPS  I know this because I had the same problem