Council tax debt

[willboy]

Hi Guys

I received a demand for council tax outstanding (£2,200 including costs) for Jul 1999-Nov 2001.
The property was in my name and up to Jul 1999 had been exempt (student occupation). My Ex-friend offered to buy the house and committed to refurbish it and deal with the council tax. The sale went through in Nov 2001. Apparently a liability order had been made against myself in 2001.

I have spoken to the council and apparently the debt was passed to bailiffs but someone (I assume my ex-friend) contacted the council in 2003 to say the property had been empty and they obtained a stop on bailiffs. All the correspondence had been sent to the address in question, not to my home address. I asked why it had taken so long to contact me because if they had I would have dealt with the debt immediately (Several responses to this question from "its' part of a 5 year cycle" to "It doesn't matter, you are liable please fill in the means form").

There had been no further contact until this demand letter.

I thought at first that the statute of limitations might apply but it seems not because the liability order had been granted (could use some advice on this).

This probobly only leaves me with damage limitation negotiation...I guess.
On this issue how would I go about making a subject access request to obtain details of the communication related to my case?

Any advice would be much appreciated

[enaid]

Re: Council tax debt

Hi willboy and welcome to beagles,
here is all about subject acces request and how to obtain it

http://www.legalbeagles.info/forums/...ad.php?t=14196

[Caspar]

Re: Council tax debt

In the meantime I'd have a chat with your friend and see what he has to say about all this. I presume sadly that there was nothing in writing between you.

[willboy]

Re: Council tax debt

Many thanks for the replies

Enaid, would I simply address the SAR to the council, and stick a £10 postal order in?

Caspar, unfortuntely nothing in writing and we fell out a few years later, and unfortuntely I dont know where he is.

I have 14 days to pay or make an offer: Questions

1) If I put a request in for a SAR on the grounds of contesting would this nullify the 14 day response limit and allow me some negotiation time.
2) Is it worth making an offer of payment, and if so would this imply aknowledgement of the debt (The property was empty, and I can prove I wasn't living there through my bank)

Thanks again

[Amy]

Re: Council tax debt

Were you paying council tax elsewhere?

[willboy]

Re: Council tax debt

Hi Amy
I was residing at my parents address, which I assume was known by the council because it would have been on the tennancy agreements I sumbitted prior to 1999 for student exemptions. I obviosuly paid rent, and I assume part of this rent would go toward paying council tax. Would that make any difference though, because the property in question was in my name?

I have an update, I just spoke to a very helpful (no you are not dreaming) council officer who told me that there was a record of my ex-friend attending the council to explain that the house was indeed being refurbished (2003) during the period 1999-2001, but that he had not reponded to requests for structural/work reports. He had also requested a stop on bailiffs which had been granted.

This was the last recorded communication on the issue until this demand. I have never personally been served with the liability order nor was I aware of any correspondence related to the property.

I have an appointment next week to discuss the issue, watch this space.

Thanks to the forum for the help

[Caspar]

Re: Council tax debt

Good luck for next week. May be worth your while to find out asap if your parents paid council tax for you out of your rent money. The lasat thing you want is to go in and be backfooted for evading paying council tax. Let us know so you can prepare!

[willboy]

Re: Council tax debt

Hi Casper

Thanks hadn't thought of that. My parents as owner occupiers were responsible for the council tax on the house I lived in. I paid rent, so I assume in effect I was paying some council tax even though the rent wasn't specifically itemised. Would I be right in that assumption do you think?

Keep the advice coming guys!!

Cheers

[Caspar]

Re: Council tax debt

Hi Casper

Thanks hadn't thought of that. My parents as owner occupiers were responsible for the council tax on the house I lived in. I paid rent, so I assume in effect I was paying some council tax even though the rent wasn't specifically itemised. Would I be right in that assumption do you think?

Keep the advice coming guys!!

Cheers

It may be embarrassing for you, but the only real way to find out is to ask your parents if they declared you were living there or not and paid council tax for you. It's impossible to make assumptions in these situations - you need fact!

[willboy]

Re: Council tax debt

It may be embarrassing for you, but the only real way to find out is to ask your parents if they declared you were living there or not and paid council tax for you. It's impossible to make assumptions in these situations - you need fact!

What sort of evidence is acceptable, a statement off my folks? Or would evidence from my bank be sufficient?

[enaid]

Re: Council tax debt

Were you on the Electoral Register while living with your parents?

[Amy]

Re: Council tax debt

Council tax applies to properties rather than the individual. So in the event that you are unable to prove your parents were paying a proportion of the rent you paid in council tax, will not automatically render you liable for this other property.

However, it is far simpler to prove you were not liable for this other property if you can prove you were paying council tax elsewhere, but as above the lack of one does not immediately prove the other.

That said, someone will be responsible for this other property unless it was exempt at the time and I think the best way of finding out this information is to send a SAR to your council using the link Enaid gave you at post #2.

[willboy]

Re: Council tax debt

Council tax applies to properties rather than the individual. So in the event that you are unable to prove your parents were paying a proportion of the rent you paid in council tax, will not automatically render you liable for this other property.

However, it is far simpler to prove you were not liable for this other property if you can prove you were paying council tax elsewhere, but as above the lack of one does not immediately prove the other.

That said, someone will be responsible for this other property unless it was exempt at the time and I think the best way of finding out this information is to send a SAR to your council using the link Enaid gave you at post #2.

I was living at my parents, I am pretty sure I am on the electoral register, although there are records online only going back to 2003. I will phone the council Monday to confirm the period 1999-2001. If I can prove I officially lived at my parents would this mean I could not be liable for the property in question, or is this just to proveI actually was paying council tax somwhere?

[Amy]

Re: Council tax debt

If I can prove I officially lived at my parents would this mean I could not be liable for the property in question

No, but if you were paying council tax elsewhere and can prove it, then this will help. Have you given the council the name of this ex-friend of yours so that they can trace him?

[willboy]

Re: Council tax debt

Just realised that I was only on the electoral register from 2003, thats' why the record only goes back this far. Even though I was living at my parents during the period under questioni, it weakens my case for arguing that the council did not make reasonable efforts to contact me. Still they have records from 2003, why has it taken them 7 years?