Council demanding debt that is not mine, and wont negotiate./ SCOTLAND

[piperx]

Hello all.

 

I have trawled through the threads and cant find anything relating to my issue,

but please accept my apologies if it has been posted already.

 

I will try to keep it brief as possible, but really hoping someone can advise where to go to from here.

 

I purchased a small cottage from my boyfriend back in 2008, in West Lothian, with the intention of fixing up and letting out.

This was to be a project I had been wanting to try for some time.

 

Following some renovation works, I finally was able to let out and my first tenant, Miss A, moved in in Aug 2008.

She eventually moved away to London in April 2010.

 

After a quick refresh, my second tenant, Miss B, took her tenancy in May 2010, until Dec 2010.

This was the severe winter we had in Scotland, and unfortunately a pipe burst in the attic space.

My tenant had been away staying with friends for Christmas, and

when she came back the house was completely flooded, from attic to basement.

The ceiling had come down along with some internal plaster walls.

 

As I was doing most of the repair work myself (along with my boyfriend) it was likely to take several months to make good again.

 

The house was ready by Sept 2011, and a new tenant was found, Mr C.

He moved in, but due to personal circumstances, moved out again in Nov2011.

 

He effectively left the house uninhabitable - like something out of "life of grime" on the television.

 

I advised the council of this, but they declined to send anyone out to inspect.

 

After some considerable renovation work (again) the house was left uninhabited for a period,

partly due to personal circumstance which was using a fair bit of my time.

 

Eventually however, another tenant Mr D, moved into the property, in June 2013.

He stayed for about a year, moving out in Feb this year.

Again, after a refresh, my current tenant moved in this summer and remains in situ.

 

Here are the issues;

 

West Lothian Council are demanding payment for unpaid council tax via Alex Adamson (sheriff officers),

which, from what I can ascertain, are for four separate periods.

 

£3948.88 from 2010

£213.99 from 2010

£1301.78 from 2009

£932.88 from 2008

 

all now have summary warrants granted against them.

 

To further complicate matters, a letter has been sent to my boyfriend, at my current address,

demanding payment of unpaid council tax of £106.48 - for the period 2013/14,

even though the property is nothing to do with him whatsoever since 2008!

 

Speaking to Adamsons is a waste of time,

they simply refer everything back to the council at best,

claiming they don't have authority to act.

 

I have spoken to the council on several occasions, asking for a breakdown of the charges.

To date I am still waiting.

I have also advised them that during the periods where they are claiming council tax is owed,

had tenants in place and it should have been the tenant paying, not me.

 

They asked me to supply proof that I had tenants, which I did by way of receipts for rent,

(my tenants have all preferred to pay cash) and tenancy agreements.

 

Some time later they came back saying they could not accept any of the items as proof for the following reasons

- the tenancy agreement was witnessed by someone known to me (??),

and because the receipts are hand written, this could be done by anyone at anytime!!

 

I also queried that they must have records of our tenants paying their own council tax,

which was eventually confirmed in some cases.

 

it would appear are claiming council tax from me from our first tenant, who they say didn't pay,

and for a couple of periods inbetween when the house was empty.

 

I should note that the council did inspect the property after the flood (2010) and agreed the house was uninhabitable

and therefore tax exempt.

They even advised that they would allow up to a year. (They deny this inspection even took place now

- asking me to give them the name of their inspector which I cant remember)

 

Following the mess/damage left by Mr C, the house was again uninhabitable.

I asked the council to inspect to confirm this, but they declined - simply asking me to advise when the house was ready!

 

Despite keeping the council aware throughout my entire ownership of the property when it was empty,

and despite them advising the property has on occasion been uninhabitable,

 

 

I have never questioned the fact the during these periods Council Tax may be payable by myself.

By my calculations this would total somewhere in the region of £1200.

I have advised the council on countless occasions that if this is the case,

please let me know the exact amount and it would be paid in full immediately.

 

They have yet to respond to this. I don't hear from them for months - then another letter from Adamsons drops on the mat.

 

I even tried to get a lawyer, but because I am disputing the amount owed, they said they cant help

 

Im really at my wits end now - the latest letter from Adamsons now threatening to arrest my bank accounts.

 

As I have said all along, I am not disputing some monies may be owed by myself

- and Im happy to pay that if the give me an accurate figure.

 

However I don't think its fair for me to pay outstanding from tenants who didn't pay.

I also found it very insulting that my proof was unacceptable.

 

 

It was only because I keep records for accounting purposes that I had any proof in the first instance,

not because I thought I would need it years later to dispute council tax bills that aren't even mine?

 

Please help!!

 

Laura

[dx100uk]

I take it the £3000 is a typo?

 

 

dx

[Conniff]

Was it in the tenancy contract that the tenant paid the CT ?

[piperx]

It is in the tenancy contract that the tenant pays CT.

The £3948.88 demand is not a typo, and has the same reference number as the other three demands, but it also has another unique ref number.

Hope this clarifies!

 

 

Some further snippets which may or not be relevant.

I was aware that Miss A, the first tenant, hadn't paid any CT. Id went down to the property to collect the rent as was normal. However it was obvious she had moved on, and there was about a weeks worth of mail, including a demand for Council tax. I contacted the council straight and advised them of the situation. They asked me for a forwarding address which I didn't have.

Whilst refreshing the property I came across Miss A's polish passport and docs. As luck would have it, Miss A contacted me to ask about her 3 deposit that she had paid at the start of the tenancy. We agreed an amount she would be refunded and I advised I would send her a cheque along with the passport. She gave her "new" address and the paperwork was sent. I also advised the Council of this address at the time. I distinctly remember the council spokesperson thanking me for the information, and advising that I wouldn't have anything to worry about regarding the outstanding debt, as it wasn't mine.

 

 

I never thought to have this put in writing or anything. When I mentioned this to the council following my last contact with them, they bluntly said that never happened, as they have no record of this!!!

[citizenB]

I never thought to have this put in writing or anything. When I mentioned this to the council following my last contact with them, they bluntly said that never happened, as they have no record of this!!!

 

Do you have your phone statements from that period - it would at least prove that you telephoned them.

[dx100uk]

cant see how you can owe +£3k in one year!

 

 

dx

[maroondevo52]

cant see how you can owe +£3k in one year!

 

 

dx

 

That's what I was thinking..............

 

http://www.westlothian.gov.uk/article/1990/Council-Tax-bands

[IdaInFife]

should be quite easy to sort,

 

just send the council the copies of letter you sent to them at the time of the changes and copies of the tenancy agreements.

 

also you only get 100% reduction on CT with empty properties that are unfurnished.

[maroondevo52]

should be quite easy to sort,

 

 

Aye

[piperx]

should be quite easy to sort,

 

just send the council the copies of letter you sent to them at the time of the changes and copies of the tenancy agreements.

 

also you only get 100% reduction on CT with empty properties that are unfurnished.

 

 

 

As previously said, I don't really have anything in writing regarding previous conversations with the council, as mostly done on the phone. They are now saying because the witness sigs on the letting agreements are people known to, or employed by me, they cant be accepted!!!!

Apologies - the £3948 figure is apparently the total owed to the council to date, not just one demand!