Council Tax Liability Order Help

[wave]

I received a demand 4 months ago for outstanding council tax dating from from January 2008 to August 2008 totaling some £650.

The council is Westminster who outsource to Capita..........

I was able to prove that the property was unfurnished and unoccupied during this period so was exempt from council tax for six months.
The council have accepted this, granted class c exemption from January 2008 till June 2008 (six months).
The council are now demanding payment for July 2008 and August 2008 (£142.76) plus local Billing Authority, Court and Liability Order Charges of £121.40
I have responded that I am prepared to pay the outstanding council tax for July 2008 and August 2008 but not the additional charges as the property has been granted class c exemption and the liability orders were issued in error.

The council maintain that I have to pay the charges in addition the 2 months outstanding council tax.
The claim that they are unable to remove the recovery action charges as they have acted in accordance with legislation.
They are demanding immediate payment or they will pass this to their Bailiff Department.

My questions are
1) Can the council send this to the Bailiff based on Liability orders that have been issued for the wrong amounts?
2) Are the liability orders still even valid as the council have granted a class c exemption?

Not sure what to do next.

Any suggestions appreciated

[outlawlgo]

Re: Council Tax Liability Order Help

1) Can the council send this to the Bailiff based on Liability orders that have been issued for the wrong amounts?

I vaguely recollect reading that a liability order may not be used to enforce payment for a higher amount than that for which it was granted. Perhaps if the sum is lower than that which the order was made, it may be permissible. If I remember the relevant legislation I will post back or maybe someone can confirm one way or another.

[ploddertom]

Re: Council Tax Liability Order Help

My opinion is that the Council are correct unfortunately and you will be liable for the costs