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Can Council Set-off part of personal injury claim to recover unpaid council tax?

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  • Can Council Set-off part of personal injury claim to recover unpaid council tax?

    The council want to set-off any compensation awarded against unpaid council tax but I cannot see anywhere that they can do this. I can see it's possible to use set off where there are mutual debts but presumably compensation awarded for an injury wouldn't be a debt as such.

    Can anyone offer some insight as to whether the council can do this?

    Tags: None

  • #2
    Was this a court award or a council offer of compensation for the injury?


    • #3
      Hi Des,

      There has been no award yet but the council say they want to set off the outstanding council tax debt against any compensation award. I do not believe they have any orders or judgment for the debt, as yet.


      • #4
        Re compensation for personal injury: is this subject to a court claim?

        Re council tax underpayment: is this admitted?


        • #5
          Hi Des,

          Early stages for the pi claim, court proceedings just issued.

          Council tax is part admitted as more than one person living in the house.


          • #6
            If the council want to apply set off to any court award from the PI claim, the correct way forward is for them to lodge a counterclaim.

            If an award is made they should not deduct any monies owing to them except with the claimant's permission or a court order.
            If the council only paid part of a judgment amount, the judgment creditor could take enforcement action to obtain the balance.

            All that is in theory,
            First the PI case has to be won and an award made.
            Second try and sort the council tax payment

            It is better sorted by post than in cour


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