Council Tax and Rossendales

[dkb22]

I'd be very grateful for some advice on my situation:

I finished full time education at the end of September and have been liable for council tax since that time only, in a property I have lived in since March. In August the council attempted to get a magistrates liability order for unpaid council tax, not realising i was a student. Very shortly before the court date I managed to gather the evidence I needed to prove I didn't need to pay and was assured by the council staff member that everything was now sorted until I had finished my course. In late September I received a council tax bill (including fees for the court date in August) but somewhat stupidly forgot about it until mid november when I received a letter from Rossendales headed "Magistrates liability order/ warrant of execution dated 5/08/2013". This date falls into the period that I was not required to pay council tax- could the magistrate have given a liability order even though I owed nothing at the time?

I would also be grateful for clarification on this point: If I pay the tax/court fees in full online before the bailiffs take anything, I believe I will be only obliged to pay Rossendales the 42.50 for two visits to my property. Do I add that on to the amount I pay the council or do I arrange to pay the bailiffs seperately? Can the council decline my direct payment (as the bailiffs would lose their "costs")?

Thank you

[bizzybob]

Re: Council Tax and Rossendales

Hi dkb22 welcome to Legal Beagles
As they included the period you were exempt in the liability it is entirely possible the council have obtained a liabilkity order for the whole amount from April 2013, to March 2014, looks like they have messed up, contact the council on Monday and ask them the dates the liability order covers, and provide proof of studernt status for the period April to September. In the meantime keep tossendales out and hide any car, there is no legal compulsion to even speak or spit on a bailiff, in fact engaging with them would be as very bad idea. You pay the council, and if they say they cannot accept payment as it is with dossers, inform them that it is unlawful for them to refuse a tendered payment.

Contact your local Ward Councillor and highlight the muppetry by the officials who have obtained a LO for an exempt period.

Other Beagles will be along soon so don't worry. :beagle:

[dkb22]

Re: Council Tax and Rossendales

Thanks for the reply bizzybob, The amount of money that the liability order covers seems to be fine. I have a letter of exemption from the months April-September 2013 and the council bill only covers October 13-March 14. However it seems that even though they knew I was a student they went ahead with the liability order anyway, which was obtained almost two months before I owed them a penny. Surely a magistrate can't give a liability order for a debt that doesn't exist yet?

[bluebottle]

Re: Council Tax and Rossendales

Thanks for the reply bizzybob, The amount of money that the liability order covers seems to be fine. I have a letter of exemption from the months April-September 2013 and the council bill only covers October 13-March 14. However it seems that even though they knew I was a student they went ahead with the liability order anyway, which was obtained almost two months before I owed them a penny. Surely a magistrate can't give a liability order for a debt that doesn't exist yet?

Too damned right a magistrates court shouldn't have granted the local authority a Liability Order! They had no grounds in law. The LO has, in my opinion, been obtained in a disingenuous manner and the granting of the Lo may well be perverse. Under those circumstances, you may well have a case to apply to the magistrates court that granted the LO and have it quashed. If you have a local Law Centre, speak to them about applying for an order quashing the LO. However, before you do that, speak to someone senior at the local authority involved and find out just what the hell is going on and try and get them to apply to the court.

[dkb22]

Re: Council Tax and Rossendales

Thanks bluebottle, I'll contact the council on Monday. In the meantime can someone clarify: If I pay the full amount owed + the £42.50 for the bailiff directly on the councils website, will Rossendales get their cut and leave me alone?

[bizzybob]

Re: Council Tax and Rossendales

Thanks bluebottle, I'll contact the council on Monday. In the meantime can someone clarify: If I pay the full amount owed + the £42.50 for the bailiff directly on the councils website, will Rossendales get their cut and leave me alone?

Do as BlueBottle suggests, as you shouldn't be paying dossers diddly squat, as in council acted wrongfully obtaining the LO