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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think this is an attempt to cheat me but I don't know how or why

66 replies

elderflowerlemonade · 27/06/2015 11:06

I am in trouble, and I really need help which is largely the reason I am asking on here.

It is a little bit complicated but essentially I received notification in autumn 2012 that some council tax on a property I own hadn't been paid, and this had gone to the bailiffs Hmm - I paid it.

Then in August 2013 I got the shock of my life when the bailiffs turned up again and said I still owed money. I paid it. These two amounts equalled nearly one and a half thousand pounds in total - one was £700 one was six hundred and something. I know that'll have bailiffs fees as well. I asked if that was it - was told yes.

Another letter in February 2014 and I rang up and honestly just kept getting passed from pillar to post - council said ring the bailiffs, bailiffs said ring the council. This kept going on until April 2014 when they turned up and I paid them £800 otherwise they would have clamped DHs car.

I've just had ANOTHER letter saying I owe money - HOW?

I think - I just don't know what to think. Haven't been resident in this property for over 2 years now. Can anybody help?

OP posts:
Original poster
elderflowerlemonade · 27/06/2015 12:18

It's quite complicated but it wasn't empty to my knowledge. This letter doesn't say which dates I apparently owe money for but it was sold, perfectly legitimately and 'normally' in May/June 2013.

I have now paid over two thousand pounds in council tax. If it was legitimate why wouldn't they be chasing me for ALL the money I apparently owe?

I think there's either been a serious mistake or someone is deliberately trying to cheat me - I don't know why though.

OP posts:
Topseyt · 27/06/2015 12:18

If you had tenants in then tenants are responsible for their own council tax. When they move out you note the date and as many details as possible (forwarding address etc.) so that you can pass it on to the relevant departments if needed (do it anyway). You are NOT responsible for a tenant's unpaid council tax. I never have been.

If the property is empty or undergoing renovation you can get a council tax "holiday" of around 6 months, after which you will have to discuss the situation with them again.

Did you arrange any of the above with the council? How did they respond? There should be a paper trail of it all.

Original poster
elderflowerlemonade · 27/06/2015 12:19

I've never had tenant in it. It was just my house, that we/I lived in. Then we sold it ...

OP posts:
thecatfromjapan · 27/06/2015 12:23

I had a similar situation with Lambet Council years ago. I had paid but they just kept on demanding money. It took a letter from a solicitor, threatening legal action, to get it sorted out.

Luckily, I was able to get that letter through a free legal advice service. I don't know that these things exist any more. I also think CAB is only available to people claiming benefits(around here thst is definitely the case).
It sounds to me that you are in a very similar position to me, OP. I suspect your council have failed to update the records concerning the property. It can be stressful to sort out, partly because the pressure to get it sorted is on you, not them.
Good luck.

Bakeoffcake · 27/06/2015 12:23

You need to do what others have said and contact the council.

Spend this weekend writing down a chronological list of everything that has happened, so when you phone them you know exactly what happened when. Offer to email it all to them, the council should give you a statement of what was owed etc.

As the house was empty for two years, you probably had two yeas council tax owing. Have you told the council you no longer own the property?

SabrinnaOfDystopia · 27/06/2015 12:23

How did you pay council tax when you owned the property - DD?

Do you have the bills? Work out what the bills were for the time you owned the house, and work out how much you paid.

I would also go the the council offices in person - take every piece of paper about it you have, and your bank statements, ask them to sort it out.

PrimalLass · 27/06/2015 12:24

Have you googled Bristow & Sutor. They sound like scam merchants. Don't give them more money, and hide the car round the corner.

Bakeoffcake · 27/06/2015 12:25

You said you've paid two thousand pounds of council tax, over how many years is that?

Most people pay well over 1000 pounds a year for council tax.

thecatfromjapan · 27/06/2015 12:27

I spent a year contacting the council - to no avail - before I cracked and took the lawyer route.
I sent them exactly the same information that was sent via the solicitor.

I sent stuff by mail; I 'phoned; I went in person. I received spoken and written assurances that the situation had been dealt with.
Nothing was dealt with until I saw the solicitor.
It may be different in your situation, OP but I would recommend just seeing a solicitor.

Topseyt · 27/06/2015 12:31

Was it empty for a period? I have the impression that it was.

Did you notify the council and give updates every six months? What period have they specified that the council tax is/was for? Was that whilst you still owned the house, even if you were not living there?

Beyond The date of the sale you are, of course, no longer liable as it would have passed to the new owners, so the council should also have that on record. If they don't then tell them yourself. Provide proof of the sale. Even if you don't have the name of the current owner, your name can be removed from it and resulting errors wiped out/refunded. They will then simply write to the current "Occupiers" of the house and you should hear no more.

PrimalLass · 27/06/2015 12:32

The 'charge' your £235 just to come and knock on the door.

NRomanoff · 27/06/2015 12:33

If you didn't live there, didn't have tenants and it wasn't empty. Whoever lives there owes the money.

Show the council proof of your moving out and who was living there.

The council tax needs to be paid, so find out how much the council tax is per year and work out what you have paid. What is left will be what you owe. They keep chasing I assume because it's for different periods across the years.

ProfYaffle · 27/06/2015 12:34

thecat CAB definitely not just available to people on Benefits. Some branches have arrangements with local solicitors to offer free legal advice, these are not dependent on clients being in receipt of benefits either.

OP - are there are community legal services in your area? They usually offer a limited amount of free legal advice. Also, if CAB in your area are busy try one of the other debt advice charities. The starting point for dealing with debt is to establish whether you are actually liable, they should be able to help with that.

LadyCuntingtonThe3rd · 27/06/2015 12:38

I think that council hasn't updated their records and as far as they know, you still live at the property.
You need to call them and before explaining something, tell your name and old address. And see, whether they will say that you're not on the record for this address. If not, they have failed to update the records and you can threaten with legal action and claim ALL of your money back. Including bailiff fees.

wowfudge · 27/06/2015 12:49

If you sold that house and you are still being chased for CT relating to it then the obvious thing is to check with the Land Registry who is the registered owner.

It sounds to me as though the transfer of ownership might not have been registered. Go online to gov.uk/land registry and use the search tools to find the details. Then you pay £3 for an instant download of the 'title register' and this will show who is listed as the owner. If it's still you then you need to get on to the solicitor you used for conveyancing pronto to find out why the transfer has not been registered.

FabULouse · 27/06/2015 13:06

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ASettlerOfCatan · 27/06/2015 13:13

We had a house empty for 2 years before sold. Council had our new address and we were charged nothing for 6 months. Normal rates for 12 months then double after that.

Look up the council's policy on empty houses and work out what you should have paid compared to what you have paid. I suspect they are still chasing you thinking you still own the property.

throwingpebbles · 27/06/2015 13:15

Look. Speak to the council. If you don't get prompt answers from the council tax people then contact the chief exec. And/ or the leader of the council. Or your local mp

Make them give you proper answers and stop paying money over without an answer!

You do have to pay council tax whether you live in the property or not

throwingpebbles · 27/06/2015 13:17

Seriously, I work in a local authority. If you aren't getting answers then escalate and people will start jumping to answer your questions

Did you tell them when you moved out?

throwingpebbles · 27/06/2015 13:17

(I mean when you sold it not moved out!)

RandomMess · 27/06/2015 13:18

Go to your local MP for his help if you cannot get the council tax department to respond to your letters.

Fingeronthebutton · 27/06/2015 13:24

I had this with the last property I owned. I received a summons. It took me until 3 days before the court hearing to sort it. The byers Solicitors hadn't registered the property with the land registry office. So it was still in my name.

Jenoftheweek · 27/06/2015 13:28

I had exactly this problem with my Council. They were allocating my payments to the business under our flat. I rang them and they confirmed their details were correct. The business rang them and wrote asking where were their rates bills. The Council ignored everyone and just insisted they were correct.
Eventually we located every statement and proved our payments had not been allocated to the correct account. The bastards made us wait a few weeks before refunding £2000 and the fuckers still deducted the bailiffs fee. How I laughed! The council worker told me it had to be paid by someone! I would so have loved to punch her but I didn't. I wish I could have.
Check your paper trail and put everything in writing as in my case I did it all on the phone and the lying bastards denied everything.

throwingpebbles · 27/06/2015 13:30

Seriously, escalate your complaint don't just pay money unquestioningly!

Fizrim · 27/06/2015 13:43

If you own the property, you are liable for council tax. Not all councils give a discount when it is empty, so you will be liable for the council tax when it is empty.

Do you have a CCJ against you - usually if the bailiffs are involved it's because a court has made an order. If you know that you were not paying the council tax during 2011/2012 and 2013 then you would be liable for it. Do you have the council tax bills from that year? How did you normally pay it, monthly by DD?

From what you have said, you haven't been paying the council tax, it's gone to Court and the fees have been added on. Did you notify them when you sold the property? Write to them again with the date you sold the property and ask for a written breakdown of the current amount owing.