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Council Tax summons (historic tax, in dispute)

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  • Council Tax summons (historic tax, in dispute)

    Hello,

    I lived in a HMO back in 2014-2016. (A HMO as in, a house divided into studio flats, self contained).
    Unbeknown to me, the VOA had banded it. I found out in 2018 when I got the bill. I don't necessarily dispute that the studio flat was self contained and therefore is chargeable.


    List of events:

    Council writes to the landlord (a family company that owns a portfolio). Landlord hands over my forwarding address (the address of my father, guarantor at the time).
    I contacted the council and handed over my current address.

    31/05/18 dated bill arrives for £ 545.03. "Balance due on or before 16/06/18".
    Period chargeable 7/6/16 - 17/11/16
    Date 7/6/16 is when the property became banded.
    17/11/16 must have been the end date of my AST. However I had vacated 21/08/16 as agreed with landlord formally. Landlord hadn't told them this.



    14/06/18 I write to them explaining the correct period for which I am liable. I also inform I am the only occupant.
    I gave them the calculations using the band, the dates and the discount.
    07/06/16 (beginning of banding) to 21/08/16 (my leaving date).
    76 days multiplied by 2016/2017 band B daily cost (£ 1,213.03 / 365). Then minus 25%. Liability is £189.43.
    I also asked to be advised how I may pay in instalments.


    29/06/18 bill comes through the post.
    It made no sense, I don't understand why it got sent.
    This now had chargeable dates 7/6/16 to 25/8/16. Wrong again.

    10/07/18 bill comes through the post.
    07/06/18 to 21/08/16 dates. Correct. £252.58 charge, but no single person discount.


    I thought, they've ignored my single person discount application, they've ignored me asking to pay by instalments.
    So, I won't pay it. I had a mass of vet bills at this time and couldn't afford to anyway. I was saving up for the latest bill.
    OK they argue you should pay and dispute later, but my opinion on that differs.


    13/08/18 - Council Tax Reminder Notice comes through the post giving me 7 days to pay.

    22/08/18 I wrote them a letter referring to my letter of 14/06/18.
    I explained that the person handling this had ignored both my single person discount and also the instalments. Simple and short letter.

    06/09/18 I receive (for the first time) a written letter (typed) from a revenues officer.

    The lady asks for sufficient evidence for the single person discount.
    She also says "please can you provide proof that the property was not a HMO at the time and there was no one else renting aside from yourself. Also can you provide proof you were living in the property for these two months and not liable in any other property in the UK".

    Ridiculous. The lady has seen it is a HMO from my past letter, therefore thinks I cannot be sole occupier. Fails to acknowledge HMO for c.tax purposes, the whole idea being the units are self contained and banded individually and therefore sole occupancy of the unit qualifies for discount for that unit's tax. Council employee with total lack of knowledge. Also confused how I might prove a negative (not being liable elsewhere).

    17/09/18 - I receive a summons for non-payment of council tax.
    £252.58 (from 7/6/18 bill) + 110 summons costs

    21/09/18 - I write a sh***y letter FAO the revenue office named on most recent letter.

    I explained that it is a HMO for licencing purposes but not c.tax purposes. I explained I had outlined liability months ago, given the AST which proves occupancy, was on the electoral roll, and that nobody until her letter of 6/9/18 ever addressed my asking of a single person discount or the instalments. I explained I had spoken to "name" at 9.39am 21/9/18 who said AST is sufficient for single person discount.
    I explained I'd receive totally incorrect bills and that I cannot be expected to pay an incorrect bill and wait MONTHS for the council to still not have fixed it.
    It was a bit of a ranting letter but it stated facts.


    Since that letter, I never had a response.
    I called 10/10/18 and made a note of the call. The council had wrote to the landlord for the second year AST (as they only had the 1st year's AST which actually didn't cover the period of the council tax in question). I was told do not go to court. Account is on hold for 30 days. For me to chase landlord alongside them, for AST copies.

    30/10/18 - still no AST from landlord. I called the council and made a note again. Account on hold until 30/11/18.

    19/11/18 I called. Account on hold until 15/01/18.

    I eventually got the AST from the landlord company. They had a new admin person that was being very slow.

    14/01/18 the day before the account un-froze. I submitted the relevant AST.


    01/02/19 - Letter comes through

    "COUNCIL TAX - CANCELLATION OR ARRANGEMENT - Hearing date Tuesday 10th October 2018"
    (i.e. that an arrangement was made on the date of the summons/hearing I was sent, and I had not "kept to this arrangement".

    Now asking for £372.58 or enforcement agents.


    I called them - a man told me, actually, that court date I was not told to attend, went ahead. Because no solution/payment was made, the letter automatically gets sent.
    He said my submission of evidence 14th Jan still hasn't been processed in the que therefore no new bill with single person discount.

    So here I am with an almost £400 bill which should be £180 - because I did not pay - because the council can't pull their finger out and sort their bills out.


    What do I do ? Do I get a chance in court? Is it all automatic ? It all seems mad and bullying to me. I've paid the £180 into their account which should be the correct bill. Although that bill hasn't been issued correctly yet. I don't intend to pay these bullying summons costs. Help me, I'm going mad!






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