Council Tax liabilty order

[beary1977]

Im posting on behalf of my GF, she is having an issue with a council tax summons

long story short. late last month she recived a letter from JBW enforcement, saying she had a council tax bill owing for 172.74 and had to the 6th december to response for her old place.

i got her to email the CEO of the council as the CT department wouldn't answer and said deal with the baliffs not us

CEO responsed today, saying debt relates to 14/15 council year, as they had sent out letters and the summons she had to deal with JBW, all letters where sent to her previous address that they had on file (one from about 7/8 years ago, in harwich,essex she now lives in bristol. and her new address was passed on from the benefits team. so basically tough they have follow prodecure by issuing letters.

as she was on CTB and HB she was unaware that if didn't cover the full amount so she isnt disputing that she owes, she already has one lot of arrears taken out her ESA, my query is regarding the summons and arrears letter

as she was in repiect of both council tax benefits and housing benefits + her two kids get transport to school and she appiled to go on the housing list, North Somerset council must of had her old address and new address as they have wrote to her at the new address several times. and she gets statements from the council saying her entitlement etc and not once was it mentioned that she has arrears.

where does she stand with the council withdrawing the liability order?

[Kati]

Re: Council Tax liabilty order

I'm not sure 'legally' where she stands (but there are those on here that can advise you better in that respect) - I can, however, say that I was in a similar situation not so long ago. Because my old council had sent all the paperwork to a previous address (and they DID have my current one on file) I got them to recall the 'debt' from the bailiffs involved while I sorted it out. This meant that there were no bailiff visits/fees for the duration.
It ended up that (as I was on benefits at the time) I actually owed nothing, and I got the liability order quashed through the magistrates courts

I would say, however, that it took a lot of pig-headedness and stress on my part (while I appealed and prepared my 'case')

Good luck xx

[outlawlgo]

Re: Council Tax liabilty order

Is this of any help....

You can ask the local authority to apply to the Magistrates’ court to quash the liability order under Regulation 36A of the Council Tax (Administration and Enforcement) Regulations 1992.

You might want to download these LGO summaries, taking particular note of the case detailed for Sandwell Metropolitan council here: (No. 03/B/12862)

Recovery action

2. The council argued that the courts had indicated that it was open to an authority to commence recovery proceedings even if a claim for benefit was still under consideration.

3. The Ombudsman said:

“I do not consider such action is necessary, fair or reasonable in every case. The council should take into account the circumstances of the individual before taking such action. In my view a council should not seek a liability order while....

[beary1977]

Re: Council Tax liabilty order

ok have had some movement on this.

the council have admitted they are incompetent but we knew that anyway :-) the original summons and arrears have been squashed and enforcement action stopped dead. but the landlord called last night saying he had received a summons for non payment for the new address which the council now know that she lives there as they have admitted as such, and this has been backed up by the numerous emails back and forth to them.

so back to square one new summons now sent to landlord at his home address, have fired off an email to the council stating they now who occupies the flat, they know when my gf moved in, why have they issued a summons to my landlord. will keep you all updated.