Council Tax - Application for a Liability Order

[JohnDee]

Hi,
I have received this in the post from HM Courts & Tribunal Service.
The story goes I was late with the council tax and they sent me an email reminder to pay today or the payment plan will end and I will have to pay the whole bill.
And I did pay it by the end of the day.
But 2 days later they issued a "FINAL NOTICE" letter anyway.
After that they didn't sent any more letters and I continued paying the tax but after 2 months they applied for a Liability Order anyway.
Something is not right.

Please advise.
Best regards

[echat11]

Hi JOHNDEE

It might be an idea to call the council, explain as you have in your post, that as far as you are aware you have kept up with the payment plan.

Tell them the liability order should be removed immediately. If they see it differently, you would like to lodge a formal complaint. See what they say.

Update the post.

[JohnDee]

Hi ECHAT11,
I give them a ring.
Thank you for your advice.
Best regards

[echat11]

Please update the thread.

[JohnDee]

Hi again,
I have phoned them up and she said the fact that I paid an installment on that day as requested does not matter because I have not fallen into arrears for a third time and I lost the right to pay by installments and I have to pay in full and since I have not paid in full within 7 days after Final Notice an enforcement action has been taken.

I am not sure then why did they ask me to pay that installment by end of that day - 3 days before FN arrived. I think they marked that one (third) as late anyway so what's the point?

[echat11]

I could post links, but it might be an idea to contact CAB - they'll be able to advise on a way forward -

https://www.citizensadvice.org.uk/ab...us/contact-us/

[islandgirl]

Did you go to court on the day of the liability order hearing and speak to the council? If you were not happy you could have contested and asked the Magistrates to decide whether they should issue. If you do not turn up then the orders are granted without any further information being provided by the council.

[JohnDee]

Did you go to court on the day of the liability order hearing and speak to the council? If you were not happy you could have contested and asked the Magistrates to decide whether they should issue. If you do not turn up then the orders are granted without any further information being provided by the council.

Hi, the hearing is still 3 weeks away.
Is it worth going to a hearing and contesting it?
I think they still charge me £90 on top of the original bill regardless.

[islandgirl]

Absolutely if you cannot get it resolved before. The council will speak to people in the corridor and if they can agree something they will remove the liability order from the magistrates pack. If not you can come into court and be heard. However if you wish to do that you must bring any evidence etc (eg when payment was made, correspondence between you and the council) because you will have to prove your case! This is how it works in my court - I assume it is the same in all? Perhaps ring the court and check in advance. I also advise trying to solve it before the day you go to court if you can

[JohnDee]

Hi again,
I have been notified that the property is going on sale so my tenancy is no more.
What is the point of me paying council tax all upfront if I won't be here in November 2021?
I think the council will have to charge the landlord for the rest of unpaid tax if they don't want it in instalments.

[islandgirl]

You are liable for council tax until you move out. Your LL has to go through a process to end the tenancy, Have you received official notification to leave on a certain date? If so, go and see the council and explain

[JohnDee]

Since the sale of the property can take longer I am not moving yet.

Before the hearing I have called up the council to ask for an arrangement that they previously suggested and they agreed to spit my payments with £110 on top of that. I have not been paid for 2 months in a row that was my justification.

Today I got a letter confirming the arrangement but they also ask for a bunch of information using "COUNCIL TAX REQUEST FOR INFORMATION NOTICE Regulation 36 of Statutory Instrument 1992 No. 613"
bla bla bla punishable BY A FINE OF UP TO £1000"

I don't feel I want to supply these private information to them (Employer, NIN. I can only send bank statements to show I have not been paid for 2 months and that my balance is near ZERO.
They don't ask for any statements. It looks like they just build my files for their bailiffs to use in the future e.g. to chase my employer instead.

If I don't supply this information it says they cancel the arrangement.
Please advise.

[islandgirl]

You have the installment arrangement you wanted. Yes if you default they go to court but if you are going to pay that should not be an issue? As long as you tell them when you move out your liability ends then. I have no idea about the rules they are using to justify their request for information notice - google it and see what you find.

[echat11]

You could contact the ICO regarding 'COUNCIL TAX REQUEST FOR INFORMATION NOTICE Regulation 36 of Statutory Instrument 1992 No. 613', see if they have a position on it. Send what you are comfortable with sending, then see if they pursue for more information.