Jacobs Council Tax

[bind]

Hi all,

A friend (genuinely, it's not me!!) has been getting text messages supposedly from Jacobs who are working on behalf of Bolton council to collect a council tax debt. 

 

They recently moved into their partners rented property in Bolton (the partner had been living at the address for a while), a few months later they decided to call an end to the relationship, my friend moved out and the ex partner stayed in the house.

 

My friend has recently been receiving text messages regarding an outstanding council tax debt, not sure if the text messages are genuine or not but assuming they are. They haven't spoken to the debt agency yet. They have spoken to the ex partner who has said they will take care of it but as yet nothing seems to have happened.

 

They have also spoken to the council and explained they are no longer living in the property (in fact no longer in the Bolton council area) and have provided them with proof of the date they moved out but they are still getting these text messages.

 

The ex-partner has said they have received no messages from Jacobs which seems strange as they are still living at the property that has the outstanding council tax. 

 

Any help on what they can do to get rid of the debt collection company? If the ex is still living in the property should they be the ones getting chased for the debt? 

 

Any help will be most gratefully received.....thanks!!

[Homer67]

Don't panic and don't contact Jacobs (yet, if at all), wait for the experts to advise you and remember there is no right of entry for Council Tax debts so the DCA is as powerless as a newborn kitten (but less cute). 

[brassnecked]

This is not a Debt Collection Agency, if Council Tax they will likely be acting as Bailiffs, so their involvement has added further fees to the debt.

 

Its important to find out exactly the amount of debt, what dates  and Council Tax years it is attributed to Whilst living at the property both would be liable for the debt so jacobs in effect can go after you both and they don't care which of you pays so long as someone does.

 

Contact the Council who raised the debt, and enquire as to what tax year its for, when any Liability Order was obtained and when it was passed to jacobs for Enforcement.

 

There should have been letter's from Council to that address so ex should have had notices, and a letter from jacobs stating they are handling the collection, at which point £75 fees would be added to the debt.  If and when jacobs call they will be able to add £235 in fees.  But you do not let the bailiff in they have no right of entry, but might take a fancy to and clamp any car on or outside the premises.

 

Other's will be along soon as I have moved this to the appropriate Forum where you can continue to post to the thread.

 

It's important to find out about the debt as Jacobs aren't going away for a while, and will persist, and do have the power to take control of yours or your Ex's goods remove and sell them assuming they get into your home or have a car they can snatch.

[bind]

Thanks for the reply....it is genuinely a friend and not me!

 

They've said they have contacted the council who asked for proof of the date they moved out of the property which has been provided. They have no car that can be clamped so nothing to worry about there - the ex does as far as I know.

 

The ex is also saying they haven't received any letters or notifications about this, so it seems that it's only my friend that is has been contacted and this has only been via text message.

[dx100uk]

when did your friend give the date of leaving to the council?

and has there been anything since then from the bailiff

other than silly text msgs ... that dont really count.!!

 

they need to find out the DATE RANGE of the Liability order too

if that range is outside of there residency and CTAX was being paid to that point, then nothing to do with your friend.

 

dx

 

 

 

 

[brassnecked]

Yes the date range as per DX, if the LO was for a period other than their residency then Jacobs are out of order and they cannot collect or demand a bean from your friend, althgh jacobs being bailiffs will carry on until they have that information.   Not sure that when sorted might be a GDPR claim against Council and jacobs for processing of data wrongfully as target not the debtor.  Other's will know more.

[bind]

I think they were talking to the council early last week and sent the information they requested in towards the middle of last week.

 

Since then they have had one further text message stating Jacobs had attended the property,

 

I assume they mean the ex's address not my friends new address as they had no visitors on the day of the latest text message although the ex also says they had no-one calling at their address either so don't know if that actually happened or not.

 

As I said the only contact my friend has had so far with the company is through text messages, they've not received any letters which I thought was a bit strange - and the ex is claiming they have received nothing at all.

 

I'll let them know they need to get the dates from the council and I've already said to them if they do get a visit to not let them in. 

 

Don't know if it's relevant or not but my friend was transferring money into the ex's bank account while they were living together in order to cover their share of the bills but can't say for sure that the bills were actually getting paid - the bills are all in the ex's name as they had been living there for a while prior to my friend moving in.

[dx100uk]

Need a copy of the liability order from the council.

 

Dx

[bind]

Ok I’ll tell them they need to talk to the council and get a copy of the liability order……thanks again everyone 

[brassnecked]

let us know as soon as you have the info, the date that was obtained and the council tax year(s) it applies to are critical, not unknown for Councils to obtain a LO against a new occupant for previous occupants arrears.

[bind]

Not much to update yet, waiting for the liability order to come through

 

however they have spoken to the council and it seems that when they moved in with their (now ex) partner and registered at the address instead of adding their name they took the partners name off their register and replaced it with my friends which I guess is why they are now being chased for it. 

 

I guess that will be come clearer once they've seen liability order.

 

Seems like the council made a mistake with registering the property occupants and now my friend is stuck with the debt and the bailiff fees.

[dx100uk]

If she wasnt there and doesnt owe it then she is not stuck with it!!

 

 

[bind]

Yep that's true. Just have to wait and see what the liability order says if/when they receive it..

[brassnecked]

You might have to get the council to remove you from the LO if such is possible and reissue it to the Ex living there.

[bind]

Bit of an update since it’s been a while.

They managed to get a hold out on things for a few weeks which at least stopped any further fees being added.

 

No sign of a liability order yet, am I right in thinking that a liability order is only issued if the council have applied to the court for one? So possibly it hasn’t gone to a court yet?

 

What they have received is a council tax bill and it is for the period they were living together so looks like they will have to pay it I guess? 
 

Is there any benefit to explaining to the council that as the letters sent out by the Jacobs were sent to the address after they had split up with their ex and moved out and they weren’t fowarded on they had no knowledge that the debt was due and see if they can do anything about the added fees?

 

As the bill is in their name and for a period they were living at the property can’t see a way of avoiding the council tax which although is very annoying they are willing to pay it if they have to but if something could be done about the added charges that would at least be something.

 

Thanks again for the help so far!!

[dx100uk]

Ask the council for copy of the liability order 

 

We can't move this fwd till we see it 

 

Dx

[brassnecked]

If Jacobs  are acting on a Liability Order it has been to court, as DX says get a copy and post it up.

[dx100uk]

only been asking for it for more than 2 months...

 

unless bolton are one of the very few councils that dont use bailiffs nor LO's and jacobs are purely acting as powerless DCA?

 

dx

 

 

[bind]

Can only go on what I’ve been told,

 

a liability order has been asked for and what was received was a Council Tax bill for the period when they were living in the property with the ex.

 

As mentioned earlier due to an error by the council when they registered at the address instead of just adding their name the council assumed they were now the sole occupier of the property 

[dx100uk]

a LO will have name(s) on it (its a court order/judgement)

if her name is not on it = no problem!!

 

it will also have the reason for the LO application giving times/dates of billing periods

 

dx