help please :(

[Jed180]

Ive just recently received the following 2 letters from the council about a property i rented from them years ago

 

 

Just recently the council sent me a council tax bill going back to 2002 for a property i lived at. Strange thing is, i wasnt working at the time and was claiming council tax benefit. The other strange thing is i moved out of the house in april 2003 i think o yet they have got the council tax bill issued against me for all 2003 and 2004.

I cant remember exactly when i moved out - so i'll have to go down there and see them. *sigh* But how can ppl pay council tax if they arent working? but they still come after you? its quite depressing at times... just when i think i am getting my finances under control i get nasty surprises like this every 4 or so years :/

 

 

And just today i get a letter through saying that i owe £499 rent to that property!!!!

 

I dont still have the receipts for when i paid the rent at the property but i certainly paid it all! (i think i left either in 2003 or 2004 its now 2008!)

 

cant believe this...just cant believe it....

 

can they do this? Even though you think everything is cleared when you move out they can still come after you and cause real distress to me. (ive moved twice since i lived there)

 

[Jed180]

can i send a CCA to the council for them to prove i owe them money? (does it work the same as with DCAS?)i honestly dont think i do but what proof do i have?

 

i'll go down CAB tomorrow as well.

[PriorityOne]

If you weren't working at that time, the easiest thing would be to get confirmation from the DWP to that effect, including that you were also in receipt of Council Tax Benefit for rent, etc. during the times they're on about.

[ANDENA]

my son had same problem he went to cab and solictor you know you get free half hour with solicitor surely if you was on housing benifit and signing on then records should still be there,2 years ago they said i had not paid my monthly c tax i argued but did get any where. when i went for housing benifit they told me i was all paid up as i thought i was behind that 90 i owed could of helped with bills i was fuming so its worth checking every avenue. good luck.

[Jed180]

i dont understand what they are doing. They are saying there is £499 rent outstanding BUT i paid the rent before i left and confirmed it was all paid. Spoke to someone on the phone just now who said i paid one months leaving 1 month outstanding ???? and then i was somehow charged another months rent because of a 28 days notice thing.

 

I even actually moved to another council property. They dont let you move without paying off any outstanding arrears......

 

madness....

 

problem is i cant remember exactly the periods i was working or whatever sigh.... so i have to go through all this again.... This nightmare doesnt end..... oh well there goes all my savings over the last few of years.. :/

 

down to the dwp and cab tomorrow.... there goes my blood pressure.... totally stressing me out..

[ANDENA]

Iwill ring my son and find out about this and get back to you as soon as possible.

[Jed180]

hey thanks Andena. Hopefully there has been a mistake somewhere.

 

I just am so sure that when i paid my last rent (in person) i had confirmed that i didnt owe anymore. Unfortunately i dont hold onto receipts 3 or 4 years ago. Does anyone?

[ANDENA]

just a thought did you pay through bank or debit card if so you might be able to look on statements.

[Jed180]

hrmm i'll check that cheers.

 

Thank God my finances are in a better position nowadays its just annoying because you think youve already paid it. I dont mind paying what i genuinely owe but jeez not a word from them until 4 years later? I was paying the council rent and council tax on 2 other places since then! And zero mention of this in letters or bills or whatever.

 

They need to sort themselves out.

[ANDENA]

my son that get down to there offices as soon as possible andget them to give you evidence then you might be able to fight it,check on bank statements to see if you paid through that .this is all he came up with but any info i will let you know.

[Jed180]

have spoken to local office twice now. Had a good hunt for the 4 year old receipt but not found..... (i had paid in cash according to them one months rent)

 

I also found a signed letter confirming which days i was claiming JSA so thats good i guess. It might be the case that i do owe them some council tax arrears which i am prepared to accept and pay in installments.

 

Spoke to a friend of mine who used to work for CAB and he advised i should fight the RENT thing if i am sure i did pay it. Something has to be going wrong somewhere for them to wait 4 years before telling me about it and im pretty sure at the time i paid the rent that i would have been told if there was an amount outstanding as it states it on the printed receipt and i never would have left or would have been able to with outstanding arrears.

 

The excuse from the council was that they couldnt find me even though in the intervening time they are still able to send me council tax letters and a bill for them "cleaning" the council flat i had vacated!!

 

Who can i complain to?

[ANDENA]

i should get down and have your free half hour with solicitor.good luck

[Jed180]

Unfortunately i have been so busy with other stuff in my life that i had left this.

 

So typically i get a letter from Scott + Co Sheriff Officers today. for "Principal Arrears" of £1k (approx)

 

statutory surcharge of £182

 

I -think- this is for the council tax at the property i lived at 4 years ago but it doesnt explicitly state on the letter.

 

In fact the letter doesnt state in bold letters what it is. Its a sort of statement of account or something. But they are acting on behalf of Aberdeen City council though.

 

The bad news is according to this statement i last paid in May 2004.

 

I'm pretty sure i dont owe this amount of council tax and to be quite honest i'd be happy for this to go to court (i dont think it will tbh because they -WILL- get permission from the courts to arrest wages or something) If they manage to do that then i am sorely tempted to just quit my job (as ridiculous and stupid as it sounds) Because i will not pay a penny to anything i dont honestly believe i owe...and if it means being destitute, homeless and prison so be it. Im just very P***** off with everything... you think youve paid and BAM years later they say "ohh no you havent m8"

 

...im already paying scott and co monthly via another debt as well.... i have debt with hydro electric for a previous property which im paying off... student loans debt as well...

[The GodMother]

send a SAR to the council listing what datews and addresses you want it for. It will cost £10.00 but that then puts the acc in dispute.

[Jed180]

sorry to hijack this but..

 

i apparently owe council tax from 2002 and 2003 and as a far as i am aware i havent received any "Liability Order" letter or notice from them, just a statement. Does this mean they cant come after me???

 

I'm in scotland though. Is it perhaps different there?

 

To make matters more confusing...after checking coucil tax valuations for the area (all the surrounding properties valued at band B) yet my flat was graded a band C (despite it being in poorer condition! and no secure entry system) So its quite possible they were charging me at the wrong rate.

[Jed180]

ok heres the list of things im going to do.

 

1. send S.A.R - (Subject Access Request) and CCA (might as well do this also) to Sheriff Officers Scott & Co (because they are enforcing it)

 

2. Check to see if the 2002 council tax is statute barred and if so type a letter to them telling them they cant proceed with it? (is there a template letter for statute barred debt?)

 

3. Fax my JSA dates to the council office. This should allow them to check what sort of council tax benefit i was on and adjust my owed council tax accordingly.

 

4. SAR & CCA the Council over the RENT thing (because i would like proof that i owed them the £499 when i am sure i paid it all back)

 

5. Email complaint to councillor about the RENT situation. (ie waiting 3-4 years before mentioning it)

 

6. Get in touch with somebody at the council asking them to re-assess the council tax band for the property this is concerned with. Basically its rated a band c and every other flat around it is band b. The difference between the properties is my one had no secure entry system. (it was a sort of caretakers flat or something but basically its a block of flats and every other flat you have to enter via the secure entry system except mine which didnt)

 

7. Get round to donating! (or should that be 1st)

 

i'm not a very well organised person, so if i write all this down hopefully it will help me get things going.

[rory32]

In Scotland you would get two reminders from the council and if these were not paid it is general practice to obtain a summary warrant from the sheriff court. The warrant would be granted automatically and there is no requirement to inform you that it is being applied for. You should have received a copy of the summary warrant from the sheriff officers.

To make matters more confusing...after checking coucil tax valuations for the area (all the surrounding properties valued at band B) yet my flat was graded a band C (despite it being in poorer condition! and no secure entry system) So its quite possible they were charging me at the wrong rate.

Have a look here http://www.consumeractiongroup.co.uk/forum/local-authority-council-tax/132794-council-tax-bands-check.html

[rory32]

Posts merged with your existing thread.

[Filthy Monkey]

I've got a nasty feeling that council tax is not covered under the five year rule in Scotland. I think it can be pursued for up to twenty years in Scotland!

[rory32]

statutory surcharge of £182

 

Sheriff officers add a charge of roughly 10% for collection.

I think this is for the council tax at the property i lived at 4 years ago but it doesnt explicitly state on the letter.

The letter should be very clear and state at the top in big bold letters COUNCIL TAX and mention the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992.

[rory32]

I've got a nasty feeling that council tax is not covered under the five year rule in Scotland. I think it can be pursued for up to twenty years!

Yep it's 20 years from the date of the final demand or when the debt was last acknowledged by you (or an agent acting on your behalf).

[The GodMother]

I dont think a CCA will work with the council as it does not fall under the Consumer Credit Act.

[Jed180]

In Scotland you would get two reminders from the council and if these were not paid it is general practice to obtain a summary warrant from the sheriff court. The warrant would be granted automatically and there is no requirement to inform you that it is being applied for. You should have received a copy of the summary warrant from the sheriff officers. Have a look here http://www.consumeractiongroup.co.uk/forum/local-authority-council-tax/132794-council-tax-bands-check.html

 

Hi Rory, firstly they havent applied for a summary warrant yet fortunately.

 

Secondly i have had a look at the process of appealing against ct banding. However note this from the Scottish Assessors Association* website.

 

from Part B of the info on Appeals

 

Proposals can be made only in certain circumstances.

You may make a proposal to alter the list:

• within six months of first becoming the person liable for the council tax.
   
  within six months of receiving notification from the Assessor that the property has been entered on the valuation list.
   
  within six months of receiving notification from the Assessor that the valuation band has been altered.
  
• 
  within six months of an appeal decision, which is a relevant decision, in respect of a dwelling comparable to yours and which gives you reasonable grounds to contend that the band applicable to your dwelling should be changed.

Your proposal will be considered invalid if it is lodged outwith the specified time period.

 

And i am at least 3 years too late!

 

 

regarding the Council Tax

 

I was planning to send a letter to either the council or Scott & Co which is basically a "full and final payment" letter agreeing to pay around £850 all at once. i.e. without any charges added basically because i dont think i should have to pay the charges.

 

But i should send this to the council or Scott & Co ? (uhmm a fast respone would be great as i am typing this up and posting today hopefully )

[Jed180]

Sheriff officers add a charge of roughly 10% for collection. The letter should be very clear and state at the top in big bold letters COUNCIL TAX and mention the Council Tax (Administration and Enforcement) (Scotland) Regulations 1992.

 

 

 

 

removed some of the personal details and four reference numbers (2002, 2002, 2003 and 2004)

[Jed180]

COUNCIL TAX

typing up the full and final settlement letter send to council

including a complaint letter about their lack of communication to me

regarding this debt (4 years to get in touch?) which basically was because of a lack of communication between their departments

cc ing everything to local councillor

 

+ include the letter i have from Jobcentre stating when i was in receipt of JSA (i definately claimed CT benefit as well i think)

 

+ should i mention that i think that i was charged at the wrong CT rate? Ie band C when all other properties surrounding mine were Band B. But according to the scottish assessors website its too late for me to appeal this ?

 

 

RENT

also doing the S.A.R - (Subject Access Request) for council over the rent

cc ing to local councillor because also complaining about length of time it takes for them to get in touch with me regarding the debt.

 

anything else?