• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Council Tax Summons for property I don't own

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Council Tax Summons for property I don't own

    Hi, looking for some advice here,

    I received a council tax summons for a property I used to own, but sold in July 2021. The bills were sent to my previous address and I didn't receive them. Finally I got a summons at the start of December. On phoning the council, they said the bills related to the period November 2021 to March 2022. I didn't own the property and didn't live there, so as far as I can see I have no liability. I phoned the council and told them this, they took down the details and suggested I emailed them too, which I did.

    The court date is 12 January. What I'm worried about is what to do if I don't get a response or the council don't cancel the summons. I had initially thought, worst case I show up to court with evidence I don't own the property and that would be it. But reading useful threads in this forum like this one:

    https://legalbeagles.info/forums/for...-which-defence

    suggests to me that this defence won't be accepted. According to replies on that thread, the only defence is either I already paid (I haven't) or there was something wrong with the procedures of the council (who knows?). Seems bizarre to me but apparently there is no defence that I don't actually owe the tax.

    So what are my options?

    Best case is council withdraws prior to court hearing but whether they do this is out of my hands. So assuming the worst, and they refuse to withdraw / ignore:

    * If I pay them to prevent to court judgement do I have any chance of recovering the money once they accept I did not owe the tax in the first place? It is 700 so not a small amount.

    * If I ignore the summons and get a judgement against me what are the implications of that - will I have Bailiffs coming round?

    Any help really appreciated. The property is in England. The letter I have states "SUMMONS FOR NON-PAYMENT OF COUNCIL TAX". I still don't have copies of the actual bills which were sent to my previous address.
    Tags: None

  • #2
    The information you have been given seems, as someone who sits on these cases, inaccurate. If you can prove you were not liable you should not be made to pay. Best courses of action
    Contact council again and insist they remove the summons and liability order. Arrange to meet with someone in person if you can
    Get your councillor involved if they refuse - they work for you
    If they do not do anything turn up at court - you will have a chance to speak to the council. it is most likely they will withdraw the demand
    Liability orders are issued in bulk - details are not considered by the mags unless someone turns up. The bench has refused to order payment to the council in cases I have heard.
    You must however be absolutely sure of the dates payment is needed for and bring lots of written proof of the sale contracts and dates etc.

    Comment


    • #3
      Many thanks for the reply! OK good to know that it might be possible to argue this.

      And yes the advice to go back to the council I will certainly be taking up!

      Further research online seems to agree with you - this website from Tunbridge wells council has more detail on possible defences

      https://tunbridgewells.gov.uk/counci...iability-order

      I will paste them below in case the link breaks in future and it is useful to anyone else

      "A liability order will normally be granted except where there is a valid defence against the issue of the liability order. The valid defences are:
      • The Council Tax has not been properly set
      • The property is not entered in the Valuation List
      • The total amount of the summons has been paid in full and a receipt is available and shown
      • Bills and reminders have not been sent (this is not the same as not being received)
      • You are exempt from payment of Council Tax
      • You are not the person who is liable to pay the Council Tax that you have been summonsed for (this does not include minor mistakes of spelling of name or title)
      • Bankruptcy, winding up proceedings have commenced or an Administration Order/Debt Relief Order has been made and the Council Tax debt is included
      • The application for a liability order was made more than six years after the first demand was issued"

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      2 of 2 < >

      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Witness Statements
      Directions Questionnaire
      Statute Barred Letter



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X