council tax arrears past to solicitor for action

[Robinhood2013]

My council has pasted my council tax arrears to a solicitor.

The council tax officer was un-willing to help me by allowing me to clear arrears by installments and in fact was a little strange as he would not agree to anything, I now know this was because the matter had been past to their solicitors years ago. This was a shock as no one had inform me of this six or seven months ago when I first contacted the council about the matter.

I contacted my local mp who talked to the council who then came back to me stating I should sort it out with the solicitor quickly as they have the power to put a charge on your property because you own them over way over £1000.00.

So I contact the solicitor who is an Axxxx Hxxx and got him to finally agree to take £200.00 a month for the time being.

I had been away overseas for 6 years and entrusted my property to a family member to let it out for me, But she mismanaged every thing and did a runner with most of my rent. She also took all the documents relating to council tax arrears including the bailiffs notices and charges.

The council concerned have ignored my requests for a written breakdown of the arrears and extra charges. In fact the council knew I was an overseas landlord but still instructed bailiffs to attend and debt companies to become involved.

Should I request the solicitor for a breakdown of the arrears or Just SAR the council. Don't wish to rock the boat with the AO solicitor when he can just place a charging order on my property because I have mortgage with a nasty sub prime lender.

[Fetherston]

Re: council tax arrears past to solicitor for action

The council cannot just put a charge on your property - they have to take you to court and get a court order first.

[Robinhood2013]

Re: council tax arrears past to solicitor for action

The council cannot just put a charge on your property - they have to take you to court and get a court order first.

Yes they can and did so in 2012 when I was living overseas,they took me to court in my absence and obtained the order.

[ThinkOutsideTheBox]

Re: council tax arrears past to solicitor for action

Yes they can and did so in 2012 when I was living overseas,they took me to court in my absence and obtained the order.

Are you sure it's a Charging Order they have obtained back in 2012 when you were away, not a Liability Order?

[Robinhood2013]

Re: council tax arrears past to solicitor for action

Are you sure it's a Charging Order they have obtained back in 2012 when you were away, not a Liability Order?

yes, I am sure, it was issued in my local county court after council obtained liability orders signed by DJ. I am already making payments to clear it.

The council concerned obtained a total of 133 such orders in 2012 according to the freedom of information request I sent them and they have a contract with Newlyns Plc to do their dirty work.

[FlamingParrot]

Re: council tax arrears past to solicitor for action

I had been away overseas for 6 years and entrusted my property to a family member to let it out for me, But she mismanaged every thing and did a runner with most of my rent. She also took all the documents relating to council tax arrears including the bailiffs notices and charges.

The council concerned have ignored my requests for a written breakdown of the arrears and extra charges. In fact the council knew I was an overseas landlord but still instructed bailiffs to attend and debt companies to become involved.

Should I request the solicitor for a breakdown of the arrears or Just SAR the council.

If the arrears were incurred over 6 years ago, you may not get anything about them with the SAR. All banks I've ever SARd have only sent data for the past 6 years.

Don't wish to rock the boat with the AO solicitor when he can just place a charging order on my property because I have mortgage with a nasty sub prime lender.

A solicitor cannot just place a CO on your property, the council did because they'd obtained a Liability Order as you stated above, in your absence.

The council cannot just put a charge on your property - they have to take you to court and get a court order first.

Once they've obtained a Liability Order, they can:

If a liability order, is made, the council can:

• ask the Department for Work and Pensions (DWP) to make deductions from your benefit, or
• instruct your employer to make deductions from your wages (attachment of earnings order), or
• send bailiffs to your home to seize your belongings, or
• make you bankrupt (if you owe £750 or more), or
• apply for a charging order (if you owe £1000 or more). A charging order gives the council powers to force you to sell your property and pay off the council tax debt out of any money left after the mortgage has been repaid. This doesn’t happen very often.

Although according to the CAB (the source of the above), it doesn't happen very often. I guess it depends on the council.