council tax bailiffs

[willinilli]

Hi

Today received a Notice of Seizure of Goods and inventory from Duke's bailiffs. They have inventoried a car not belonging to me, and left an envelope containing their paperwork jammed in the back door.

This is for council tax arrears for a property that I have not lived in since 2004. The property in question was/is lived in by someone else who has been paying rent in my name, yet not council tax. I have made no financial gain through this. I have been living abroad for most of this period and when in UK have been staying at parent's.

Questions:
1 Am I still liable to council tax on a property I have had no keys to for several years?
2 How do I lift the Notice of Seizure of Goods and Inventory on a third party's property.

Will furnish further details as requested. looking forward to responses.
If possible would prefer immediate responses saying "we are looking into it, be back shortly", while research is ongoing, rather than waiting as the third party may wish to use vehicle tomorrow.
Thanks in advance

Willinilli

[Caspar]

Re: council tax bailiffs

Hi

Today received a Notice of Seizure of Goods and inventory from Duke's bailiffs. They have inventoried a car not belonging to me, and left an envelope containing their paperwork jammed in the back door.

This is for council tax arrears for a property that I have not lived in since 2004. The property in question was/is lived in by someone else who has been paying rent in my name, yet not council tax. I have made no financial gain through this. I have been living abroad for most of this period and when in UK have been staying at parent's.

Questions:
1 Am I still liable to council tax on a property I have had no keys to for several years?
2 How do I lift the Notice of Seizure of Goods and Inventory on a third party's property.

Will furnish further details as requested. looking forward to responses.
If possible would prefer immediate responses saying "we are looking into it, be back shortly", while research is ongoing, rather than waiting as the third party may wish to use vehicle tomorrow.
Thanks in advance

Willinilli

They can't touch the car if it is not yours - they can't levy on third party goods. The onus I believe is to prove it isn't yours though, rather than on them to prove it is.

regarding the Council Tax did you have a written rental contract for renting your property. It seems strange they were paying it in your name? Why was this? The more details you can tell us the more we can help.

[willinilli]

Re: council tax bailiffs

Thanks Caspar for swift response..

The property was a council house that I had been a longstanding tenant of. I got work abroad and the agreement was that my housemate would take on the payment of rent and council tax whilst I was away. Initially I wasn't going to be away for more than a season. However that changed and I have been away on and off for six years or so. When back in UK I have stayed at my parents, not the property and have had no key for last few years and hence no access to property.

Cheers Willinilli

[Caspar]

Re: council tax bailiffs

Is everything still in your name? Is there any way you can prove to the council you are letting someone else live in your house? Guess the problem is your tenancy agreement with the council.

Would be unsure what to advise, as whether or not you have gained financially, my understanding is that you are not allowed to sublet a council property. Is this other person on the tenancy agreement?

This is my last post till Sunday as am on hols and won't have internet access again till then, so good luck!

[willinilli]

Re: council tax bailiffs

Hi Caspar. Have not been able to post until now. As far as I know everything is in my name still. I will probably end up paying just so it goes away however Ias it ia now with bailiffs do I have to deal direct with them or can I pay council.
As far as the car goes proof of ownership was faxed though haven't heard back from them even though that was requested by owner of car. Hope your hols were good. Cheers

[Caspar]

Re: council tax bailiffs

Hi Caspar. Have not been able to post until now. As far as I know everything is in my name still. I will probably end up paying just so it goes away however Ias it ia now with bailiffs do I have to deal direct with them or can I pay council.
As far as the car goes proof of ownership was faxed though haven't heard back from them even though that was requested by owner of car. Hope your hols were good. Cheers

If you are happy it is your debt, you owe it and are happy to do so, pay it direct to the council. Make sure you only pay the due debt and NOT the bailiffs fees. You will almost certainly find the council say it is no longer anything to do with them and you need to deal with the bailiffs. Do not be taken in by this - it is total lies! Make sure you get a receipt specifying exactly what you have paid and what it is for. If they do get funny with you, remind them they are vicariously liable (this means as they employed the bailiffs, they have a duty to ensure the bailiffs operate lawfully and if the bailiffs mess up, by being vicariously liable so has the council).

Once sorted I'd then be inclined to ask them what they are going to do to ensure that this situation could never again happen to someone else.

Good luck and let us know how you get on - just remember the council can and will accept payment so the bailiffs should be paid absolutely nothing!

[WendyB]

Re: council tax bailiffs

What years does it relate to? Have you put any measures in place to stop this from happening again? If you are no longer living there you should give up the tenancy otherwise you may continue to be liable.

[Amy]

Re: council tax bailiffs

Are you taking the word of a bailiff that you owe this money or do you have correspondence from your council?