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  • Legal FAQs

    Council sending bailiffs

    Dear Tribe

    Thank you very much for your valued contributions. I have found this site a great resource.

    A former letting agents of mine (who no longer manages my property) had a visit from Bailiffs. I live in a different town to where the Buy to let property is.

    Council sent them to recover the outstanding council tax that was owed from a small void period of app 3 weeks in March 2019. I duly emailed the council asking them to let me have an invoice and also supplied my correct correspondence details and contact number. To my, surprise the Council took no notice of my contact details and failed to send a single correspondence on the supplied address. Council went to the court and had a judgement made against me.

    I have not received a statement etc however I have spoken to bailiffs and settled the outstanding amount right away.

    Council has certainly not communicated to me in spite of me supplying contact details. I feel I should not be held responsible for paying the court costs and the Bailiff fees.

    I would like to raise this formally with the council. I would be very grateful for your thoughts and advice.

    Many thanks in advance,

    Raj

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    If the council sent the original paperwork to the supplied contact address then they were validly served. The key point is what date the new address was supplied in the process and what had happened by that date.
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    Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.
    http://www.lgfa92.co.uk
    Posting as @CouncilTaxGuy on Twitter
    Why not look at our blog at http://www.lgfa92.co.uk/blog

    Any posts are my own opinion on legislation and may vary from your local authorities !

    Many thanks, for your advice LGFA92

    I supplied the new address in mid-March 2019 (19th March) I feel this was weeks before the council generated first statement and then started chasing the pending payment.

    Thanks again.


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    In that case, if that's correct, there are specific issues regarding service that could be raised and which would affect the validity of the notices.
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    Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.
    http://www.lgfa92.co.uk
    Posting as @CouncilTaxGuy on Twitter
    Why not look at our blog at http://www.lgfa92.co.uk/blog

    Any posts are my own opinion on legislation and may vary from your local authorities !

    One should always remember that council tax is just about the only debt not paid that can land you in jail:

    https://www.citizensadvice.org.uk/debt-a...x-arrears/


    """" 

    If you still don’t pay your Council Tax

    In extreme cases you could go to prison, but normally only if you’re deliberately not paying your Council Tax.

       """""

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    Raj,

    Have you made a formal complaint to the Council, and if not satisfactory resolved, followed that up with the Local Govt Ombudsman ?

    If still no success ( as the LGO are often defenders of Local Authorities, ( and their impartiality is Highly questionable )   I'd consider seeking advice on a Money claim against the council for the ( uneccesary ) court costs.

     Possession Friend.uk  (  Personal disclosure, as its my company )   pursue civil claims on behalf of landlords, [ amogst other work.  ]

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    The LGO rarely intervene in disputes like this because the courts have issued the liability order and that is outside the LGO remit. If the LGO did look it would only be on the grounds of administration.
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    Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.
    http://www.lgfa92.co.uk
    Posting as @CouncilTaxGuy on Twitter
    Why not look at our blog at http://www.lgfa92.co.uk/blog

    Any posts are my own opinion on legislation and may vary from your local authorities !

    I find all ombudsman totally biased.  this could be a whole new thread.

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    You could complain to the council but you MUST fill in form N244 and submit it to the Courts to try to get the judgement set aside. If you complain to the council, make sure you tell them you are applying to the court.

    https://www.masonbullock.co.uk/can-a-defa...laim-form/

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    You cannot set aside a liability order with an N244 as it's the wrong court. An N244 is only for a civil case (CCJ) in the county court.
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    0

    Specialist Council Tax advisor (A.Inst.Pa) based in Gateshead, but working nationally for landlords and council tax payers.
    http://www.lgfa92.co.uk
    Posting as @CouncilTaxGuy on Twitter
    Why not look at our blog at http://www.lgfa92.co.uk/blog

    Any posts are my own opinion on legislation and may vary from your local authorities !