CT Enforcement in error: Pay and claim back?

[miniworldrecord]

Hello,

Perhaps someone can help?

I received a Notice of Enforcement from Ross&Roberts for an unpaid council tax bill from November 2010. If I don't pay by 2nd April my 'case will be passed to an Enforcement Agent, in accordance with the Taking Control of Goods Regulations 2013'...

I contacted the council (South Somerset DC), who told me it was for unpaid council tax from February up to October 2010. They claim I owned the property up until then.

They had apparently sent seven letters (I didn't receive any - but I have moved a lot and perhaps Royal Mail redirection does not work with council tax bills).

This appears to be an error. I had tenants in the property until 19th February, and sold it on the 23rd February. So presumably the new owners should have paid the bill between February and October.

So today I forwarded to South Somerset Council an email from South Somerset Housing Office with the date that my tenants left and a letter from my solicitor with the completion date. I assume this should resolve it, but I doubt it will be resolved by the 2nd April.

My question is should I pay the £341.52 (£266.52 debt plus £75.00 'compliance stage fee'), and then claim it back via the court somehow? Or does paying admit liability? I would rather not have any visits by the bailiffs.

Thanks for your help.

[ploddertom]

Re: CT Enforcement in error: Pay and claim back?

Has anything else happened with this?

[Snoopy1948]

Re: CT Enforcement in error: Pay and claim back?

I would write to Ross & Roberts stating briefly the facts about the property having been sold on the 23rd February and the account under enforcement is therefore incorrect and you are currently in contact with the appropriate council to confirm this. AS such, you should ask Ross and Roberts to return their papers as the account is specifically in error.

I worked in council tax enforcement for 23 years and one classic thing I learned is that accounts only tend to get closed when someone gives information in support of this.

Was the property in question bought as a buy to let? If so, I suspect that they may have only billed ( for ctax purposes ) from the first tenant. But more to the point, on completion of the sale, did you, your solicitor or your estate agent actually tell the council at the same time?

Clearly you didn't and that has raised the problem. And why would you pay the bill if it is clearly wrong? I have met hundreds of similar situations and always been prepared to receive confirmation that the council's case was wrong. But I always made people aware that they themselves must provide the proof.

[miniworldrecord]

Re: CT Enforcement in error: Pay and claim back?

Hello,

Thanks for your response. Last week the council closed the bill and waived Ross and Roberts charges.

A brief summary: After they confirmed I didn't own the house at the time via the land registry they dropped the bill but suggested I still owed the court fee and bailiffs fees. After more discussion they found a phone record where I had contacted them to say my tenants had left and the house was being sold. The phone call was on a Friday and the house was sold the following Monday, so I suggested I had actually called to say this but by mistake it was only recorded that the house was on the market. I suggested that either this, or the fact the council then sent 7 letters without calling me over the space of 6+ years (I had left my mobile number), was an error on their part. They agreed.

I have to say the council was always polite and helpful and luckily still kept records so far back. Ross and Roberts were also polite but not helpful, but I didn't get to the stage when they were at my doorstep so I don't know how they behave if they do.

I have learnt that I need to confirm these things in writing, as I was always on the back foot having notified them by phone and not having any proof of this.

[ploddertom]

Re: CT Enforcement in error: Pay and claim back?

Pleased to hear you have a result

[bizzybob]

Re: CT Enforcement in error: Pay and claim back?

Thanks for reporting back, glad it worked out. I would keep any letter fromthe council stating matter is closed though just in case.......