Council Tax Summons dispute

[Carlosdecorator]

Re: Council Tax Summons dispute

I know what has happened. I've submitted my accounts, a full breakdown, more than what I would give the tax man on a tax investigation. They awarded benefits and then weeks later changed their mind because I can't supply them with invoices from every job I've done showing what I charged in labour and then materials, and a copy of each receipt from materials that I've bought. I don't get all my materials from one place to its not just one receipt. Being a painter and decorator seems like all I need is a paint brush and a roller. That's not true, there so many tools that we use and specially in my first year of business I had a lot of things to buy.

If I go to court and its infront of a council official isn't it a conflict of interest? What if on the day it was found in my favour why couldn't I claim expenses for a days loss of work? That to me doesn't sound fair.

All I can do when I do go to court is be honest and show them that I am willing to pay council tax but the period they are asking for is for their own department to pay as they paid it anyway in the first place. Surely the council would not refund it until a decision has been made then making me liable if it went that way? They expect me to pay for it while that same department drag their feet deciding if they want to write it off or not, surely if I pay it I can claim 8% above the bank base rate interest if its made in my favour?

I think I'm going to right to the CEO and the 151 officer before hand and also put in an official complaint.

[Carlosdecorator]

Re: Council Tax Summons dispute

Letter I've sent to them edited personal details etc

Summons Ref:
Account Ref:
COMPLAINT
20.07.16
Thank you for your letter dated 12.07.16.
I received a court summons for non payment of council tax for the period 01.04.14 to 31.03.16. for £869.13. I'm a little confused with this, as on the 11.05.16 you sent a letter to me saying you are asking your manager to consider writing off the over payment of housing benefits totaling £2313.66 and council tax support totaling £563.11 for the period 13.03.15 to 10.01.16 because of your internal error. I've still not had a decision on this as yet and now you're taking me to court to apply for a liability order. I've never stated that I won't pay any council tax.
The day that you informed me that I was entitled to housing and council tax benefits, a contract between yourself and I was created after you also informed me in writing that you would pay any council tax on my behalf direct to the department that deals with CT. This means that the liability to pay my council tax to Bury Council was transferred from myself, to the benefits department.
From the letter you have sent you have not stated what periods in 2014, 2015 and 2016 you refer to. How am I supposed to correct any payments that I may be liable for without knowing when/what/where payments are due? No reminders have ever been sent to me with regards to any possible missed payments (If so please can I have a copy showing the date sent). I have never refused to pay CT and since you have said that I’m not entitled to benefits I have set up direct debits to pay every month on time without any missed payments.
I’ve also noticed the requirements for self employed people to claim benefits, is not as complex as you’ve made it out to me. You’ve been asking for a lot more information that what your own requirements state. (Photocopy included *1). I’ve still not had a decision as to why I wasn’t entitled to benefits after you actually said I was.
I'm quite prepared to go to court and I will be turning up as requested (even though the courts in Bury have no listing for me). As not paying CT is a prisonable offense I hope and will request if not, that the upcoming hearing is heard in front of a magistrate/recorder and not a council official. This is so no conflict of interest occurs, as you can see from my previous letter that I believe someone in the council has a personal vendetta against me.
There is a possibility that another ‘internal error’ has occurred, and me receiving a court summons is an automatic process that couldn’t be stopped. I hope the department looking at writing the overpayment from your internal error off, makes a decision soon before the court hearing in August and it’s already been 8 plus weeks.
I’m not trying to be some sham strawman who follows freeman of the land rules or trying to get off paying my council tax, I’m explaining that no matter what information I give you there’s always something else you want. This goes beyond what your requirements are.
This situation has been going on since December 2015 and so many pieces of paper have gone backwards and forwards, employees have gotten confused, sent out wrong information and implied things, I believe the overpayment should be written off as an internal error. I know this can be done in circumstances like this under the Local Government Finance Act 1992.
This whole situation has affected me in a big way. It has caused my mental heath to deteriorate again to a point I’m paranoid someone from your department will knock on my door and push their way inside where my 8 month old daughter and partner will be. I’ve ordered extra locks off the internet to be fitted to stop this and currently looking into having CCTV installed. This isn’t good at all. I’ve not worked a single day since I received your court summons for fear of something happening. My home is a vulnerable home and any implied access to the council or third party is withdrawn from immediate affect.
I hope we can close this matter without me having to constantly drone on to you and you having to read my ridiculously long letters.
*For the purpose of CC I’ve attached some correspondence between myself and the council.
I look forward to your reply.
Many Thanks

[wales01man]

Re: Council Tax Summons dispute

Do you think this will sway them ?

[Carlosdecorator]

Re: Council Tax Summons dispute

It was sent to the ceo who is also the finance officer. I can only try. What is in the letter is all fact. I'll keep everyone updated about it

[Carlosdecorator]

Re: Council Tax Summons dispute

Well just an update. I received the following reply today from Andrew Eland who is the Revenues & Benefits Operational Manager.

I acknowledge receipt of your complaint.
I will reply as soon as I have reviewed your case, however, I have withdrawn the summons and put a hold on recovery action on your council Tax until I have completed my enquirers.

So thats a start eh.

[charitynjw]

Re: Council Tax Summons dispute

it was a full year. Materials included scaffold hire, new tools (paste table £208) sander (£250) dust extractor (£250) etc. Wallpaper at £900 a roll, Farrow and ball paint. I messed up with pricing on my first year and only guessed hat materials cost before I started to learn and make contacts. I still have all my receipts too as I've to keep them for 6 years

Blimey!

[Diana M]

Re: Council Tax Summons dispute

Materials included scaffold hire, new tools (paste table £208) sander (£250) dust extractor (£250) etc. Wallpaper at £900 a roll, Farrow and ball paint. I messed up with pricing on my first year and only guessed hat materials cost before I started to learn and make contacts. I still have all my receipts too as I've to keep them for 6 years

I'm pleased to learn that the summons has been withdrawn and the situation is quite properly being investigated.

I can also see why the Council may not have accepted your receipts on face value. They may have stereotyped you as a typical 'painter & decorator' (Homebase Trade Counter on a Saturday) and not as someone who works with high class materials.

However I'm a big fan of Farrow & Ball (if I had twins that's what I'd call them ) and I know the shocking cost of their paint which is worth every penny. In fact they have about fifty shades of white on their paint card which all have personal names. James White is my favourite.

Obviously this is not legal advice but a personal observation of how a local authority may have not fully understood the situation.

Di

[wales01man]

Re: Council Tax Summons dispute

If only I could afford Farrow and Ball

[Carlosdecorator]

Re: Council Tax Summons dispute

Lets hope they look into it properly! I don't rate farrow and ball to be honest. If a customer wants a shade from them I get the formula and have it mixed in a proper trade paint for half the price! Tip of the day!

[Snoopy1948]

Re: Council Tax Summons dispute

MY only continuing thought on this case is that the word 'COMPLAINT' holds a lot of weight when you pen a letter, especially if it is in big Impact-fonted letters. I would occasionally get a call from my manager telling me to suspend any further calls on a particular case as a COMPLAINT had been received. Little did he know that I had often helped the customer pen this where I felt that a little backtracking on a case was necessary. Of course, a complaint is no defence but it does get the circumstances reviewed more fairly.