Council Tax - backdated billing

[gwenlillian]

I am having problems with my local authority on council tax bills. I had discounts applied to former years accounts but after a short period of temping for them, I suddenly received notice that my bills had been re-issued on the grounds that I was "presumed to have a huge income". This astonishing news has resulted in three liability orders against me, and despite several months of correspondence I am now being advised that enforcement will follow shortly. I have been unemployed, part of time in receipt of JSA, and what small income I did have has been evidenced with Tax Credit Letters, P60s, P45s etc. Being totally frustrated I issued a Subject Access Request but this too is proving stressful. The paperwork that must surely exist regarding the re-issuing of old accounts, has simply not appeared. The forms that I completed online for tax reduction claims have also failed to materialise. I have been told that the reason I have no discount/reduction consideration for this year also, (being on JSA currently) is due to my completing "the wrong forms". OK, send me those forms I say - not likely, they say. And on it goes, no papers that I require from the SAR, file closed they say. I know that I completed the correct forms, and attached pdfs of bank statements etc., and none of these were provided in the SAR data, in fact they now say that I have to ask another department for anything else I want and not to get in touch again. Don't local authority's have data controllers? Any advice most welcome please.

[Kati]

Re: Council Tax - backdated billing

tagging [MENTION=15129]Crazy council[/MENTION] [MENTION=8136]outlawlgo[/MENTION]

[Snoopy1948]

Re: Council Tax - backdated billing

I am having problems with my local authority on council tax bills. I had discounts applied to former years accounts but after a short period of temping for them, I suddenly received notice that my bills had been re-issued on the grounds that I was "presumed to have a huge income". This astonishing news has resulted in three liability orders against me, and despite several months of correspondence I am now being advised that enforcement will follow shortly. I have been unemployed, part of time in receipt of JSA, and what small income I did have has been evidenced with Tax Credit Letters, P60s, P45s etc. Being totally frustrated I issued a Subject Access Request but this too is proving stressful. The paperwork that must surely exist regarding the re-issuing of old accounts, has simply not appeared. The forms that I completed online for tax reduction claims have also failed to materialise. I have been told that the reason I have no discount/reduction consideration for this year also, (being on JSA currently) is due to my completing "the wrong forms". OK, send me those forms I say - not likely, they say. And on it goes, no papers that I require from the SAR, file closed they say. I know that I completed the correct forms, and attached pdfs of bank statements etc., and none of these were provided in the SAR data, in fact they now say that I have to ask another department for anything else I want and not to get in touch again. Don't local authority's have data controllers? Any advice most welcome please.

Hi there ... not exactly sure why you have had revised bills issued. where any of these issues caused by you doing temporary work for them? And I am assuming that the whole argument relates to council tax benefit ( otherwise known as council tax support ) and not 'discounts' applied for other reasons i.e. single occupancy?

I am assuming therefore that your council tax bill revisions were due to an investigation into your previously declared income situations? And was there any element of fraud investigation involved here? Have you ever been called in for interview on the matter? And did somehow your temping work for the council ( I am assuming that is what you have said ) create an opportunity for the council to commence this?

The council cannot 'presume' anything and have to provide good evidence and reason why previous awarded level of benefit are being rescinded. If you have completed 'correct forms' as you say, they will have copies and you are entitled to a copy. This is a messy situation and while you feel that the council is the villain of the piece here, this will only be resolved with a proper examination of the facts, As this is obviously causing you personal stress, do you have an friend who could act as an advocate to have an appointed meeting with a benefit officer to explain the council's side step by step and affected year by year?

[gwenlillian]

Re: Council Tax - backdated billing

hi - I am not aware of any investigation against me whatsoever. Whether this is related to working for them, well, only they know that having been relieved of any further requirement on false grounds (long story) but i worked in the council tax entitlements and benefits department. Yes, relates to discounts or now called reductions I think - covers both though as I am now to pay from 2013, before the changes. By the way, I only did 4 days work for them! so didn't earn a "huge" amount. Upon receipt of swift petitions for Liability Orders I sent defences to the court, I sent a remittal request by recorded delivery to the court for the 2nd one and by the third, for this year I had given up. The court did nothing, they ignored my paperwork even though I did everything by the CPR rules. Within the SAR the court staff are found to be communicating with the local authority about me and offering defences information against me and for them. I have been through the Stages of complaint process but there are anomolies in time frames etc., and yes, I am exasperated with it all. I have now written to my local Member of Parliament and I just dont know how I can get a simple answer to a simple question from them. They seem very unwilling to explain anything or to provide the paperwork to show what they did when and why. I guess that leaves the Information Commissioner's office but in the meantime I have a large amount of money to raise or lose furniture etc., they have never tried to even sequestrate the benefits which I thought was an option. I just want to know why my entitlement disappeared, who decided that and why and if it is correct I have no issue with paying what I legitimately owe, even though that would be so difficult for me. I have several versions of the accounts for varying dates and none make sense - I showed them to a friend who also couldnt figure them out. arrrgh.

[Snoopy1948]

Re: Council Tax - backdated billing

Hi again .... One thing I will admit, and even after having worked in an enforcement liaison capacity between council tax and benefits, is that the paperwork relating to benefit assessments, even for one tax year ( or part thereof ) can run into many, many pages. The reason for that is quite simply that they have to comply with the law as it involves the payment of public money. I have sat down with many people and gone though such assessment letters and they are damn hard work, even for a professional.

I hear what you are saying about appealing to higher authorities etc but I am seeing here that you cannot interpret the reasons why you have had a cancelled council tax support issue and hence rebilling from previous years. You really need to have that quietly and logically explained to you before you do anything else otherwise your appeals are based on blind evidence.

Removal of previously granted council tax support ( benefit ) happens because a compliance check has shown that you were actually not entitled ( due to misinformation being supplied ) or you were indeed investigated for fraud. There is also the prospect, which is less likely, of 'local authority error', and I am assuming that is the route that you are going down without actually knowing exactly why.

You say that you are currently on JSA so you have no 'fluid financial' means to pay it anyway. And you have the problem that you have filled in 'the wrong forms' for your current council tax support entitlement. But while that may not be reversible fully, if you remain on JSA then the right approach with the right forms will resurrect entitlement.

What exactly do you mean by 'sequestrate the benefits'? I still suggest that as you cannot sort out the reasoning behind all of this ( and that's not a criticism ), then you need someone to help you with that. If you have no personal advocate of choice, perhaps an appointment with your local CAB who will at least make an attempt to contact the council on your behalf and try and rationalise things!
https://www.citizensadvice.org.uk/

[gwenlillian]

Re: Council Tax - backdated billing

If a complicance check was performed surely that would involve my data and should appear in the SAR data? I understood that some reductions were removed relating to a teenage dependant child and then added back on, I produced the letters from the Child Benefit Office and later for being in education/college, but that was one instance of many. As you say I need a clear and accurate base here and that is what I have sought throughout. Actually, I dont know what I mean either about benefits, just thought that LAs would take monies that way. As for the forms, that myseriously are not available, this is an assertion only on the part of the LA, having provided no evidence in support. I see this will take years to resolve and I am looking to borrow money to pay but without any admission that they are correct in what they have done. I have proven that I have been within the criteria for either unemployment, or low income (very low income) and should qualify under the CTRS scheme and should not be forced to pay a full account by bringing the force of authority and slege hammer tactics against me, e.g., telling me I have to collect the SAR in person!? but when finally received was nothing more than a bulky A4 envelope. I have requested the income levels data under the scheme rules without response along with specific questions on bills produced but no answers have been given. It is apparent then that the position of the LA is that the bill is issued, it is correct, you just pay it and don't ask any questions, or we will hit you with our rented room in the Magistrates Court, add your name to the bulk list and move on to the next victim.
Thank you for your time and assistance.

[Snoopy1948]

Re: Council Tax - backdated billing

Hi again ... I understand your frustration but regardless of proving your case, you still need to be fully aware why and I don't think you are. I know that is easy for me to say but I have spent many years proving or disproving errors in benefit calculations as part of my job.

Did this involve any element of housing benefit as well of just council tax support? The problem with council tax as a bill is that it is large and unwieldy from the start and doubly so if you receive support that subsequently proves to be incorrect.

I have mentioned you obtaining help from say the CAB ... is that something you do not wish to do or feel it's a waste of time? I can sense your bitterness here but to do need an advocate to prove your case or otherwise. And why not make an appointment to see a benefits senior officer at the council to have this explained.

It's hard to give you positive advice on such basic information but the question is quite clear, either your are wrong or the local authority is, or there may be muddling information in the middle. Can you admit that you may have not always provided correct information on a real time basis? Everyone in receipt has a statutory need to do that and while it may not be seen as fraud, it is definitely a lack of compliance and will be corrected without interview.

I suggest that you take that bulky A4 envelope to the CAB or someone who can go thought it slowly but surely. You will not resolve this matter ever unless you really want to understand why the council are doing what they are. Apologies, I am not trying to sound harsh, I just have too many years experience of the system and people who have their own mandates. I wish you luck in resolving this to some level of satisfaction.

[charitynjw]

Re: Council Tax - backdated billing

@gwenlillian

If the SAR has not been fully complied with & you have evidence of this, you can raise a complaint via the ICO.

If you have contacted the organisation and still believe some of your personal information is being withheld, please call our helpline on 0303 123 1113.

https://ico.org.uk/for-the-public/personal-information/

[gwenlillian]

Re: Council Tax - backdated billing

Hi and thank you - I have sent it in to the ICO now.