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Original poster

Council tax.... court summon

28 replies

Sky1992 · 18/12/2021 19:42

Quick bit of advice needed, has anyone been given a notice before action for council tax that they have managed to dispute and recieved the money back?

Long story cut short the council are trying to charge me for a month's worth of council tax for when I moved into my new property and the dates aren't even correct and when i requested for my previous reminding council tax from last property to be transferred they didn't bother replying or even doing it. I pay yearly normally and they have now suggested I pay for it the full amount which is £229 with some extra charges for court or whatever but im worried what if i pay for it and then they don't investigate it properly or even pay me back?

OP posts:
Mamamia7962 · 18/12/2021 20:15

Just send them a letter showing the date you moved into the property and ask them to do a revised council tax bill.

Clarinet1 · 18/12/2021 20:27

Is there nothing on the notice that tells you what to do if you think it’s incorrect? Or at least a contact number or email for queries? It may well be that the notice has been sent automatically but once your credit from what you have paid for the previous property is transferred over correctly everything will be resolved.

invisiblereally · 18/12/2021 20:37

It's a notice before court action.
So you need to write back to them that their information is incorrect and provide dates and advise they have failed to apply overpayment of council tax from previous property (if same borough council)

You should be sending this in writing to email letter came from and cc: copying it to borough councils complaints department. Remember most workers are WFH at the moment so emails work best.
Get your response in quickly to prevent it escalating to court

invisiblereally · 18/12/2021 20:39

To answer your question
Yes if you act quickly it doesn't go to court it gets resolved (if incorrect) and if need be , a payment plan drawn up

Sparklesocks · 18/12/2021 20:41

Can you show them the tenancy agreement/completion documents with the move in date on?

Original poster
Sky1992 · 18/12/2021 20:44

Yes i have emailed them and they ignored it I sent a lengthy one today and when I spoke to the advisor she said I should pay it and then get it investigated but I shouldn't have to pay when it's an error from them and I did send my tenancy agreement over and told them in several emails and calls the dates I moved in and out of the other property and this one and its the same Borough. Its stressing me out and I almost feel bullied by them when I probably only owe less than 10 because of the differences in council tax banding

OP posts:
Shmithecat2 · 18/12/2021 20:48

Did you move within the same LA area, or was your overpayment to a different council?

Original poster
Sky1992 · 18/12/2021 21:26

Same area same council. It's so silly how they aren't even resolving it

OP posts:
Shmithecat2 · 18/12/2021 21:54

That's ridiculous! What response did you get after asking them to transfer the overpayment from the first account to the new account?

Allllchange · 18/12/2021 22:01

Are the date your tenancy started and you moved in different? If so take all the evidence to court and if possible see Citizens Advice or equivalent before.

Thefuturestory · 18/12/2021 22:06

Lodge a formal complaint. It’s probably in a backlog of work and the complaint will get it sorted.

DoloresOnTheDottedLine · 18/12/2021 22:12

Agree with PP. I work for a local council. If you email it as a formal complaint, they will have to respond within 28 days. I’d send it direct to the CEO (their email will be on the website). If anything like our council, it will be plucked out by the CEO’s super efficient admin support and dealt with very quickly!

Samedaysame · 18/12/2021 22:58

Get i touch with your local councillor they should be able to resolve it

Original poster
Sky1992 · 19/12/2021 00:35

When i asked them to transfer over the credits they didn't even respond. Apparently the cut off date to pay before they take the next steps is on Monday. No way should I have to pay after iv called them dozens of times and emailed them to transfer over the credit. Its so unfair and I have proof of the emails that clearly state the date I left my last property and entered the new one. I also sent my tenancy agreement so I don't understand. Its having such a psychological stress on me im a student who's doing her pgce this year with 3 children and im stressed as it is! And now they ate threatening to take it to court but makes no sense i don't even owe anything minus less than a tenner for band difference. Its so unfair :( I have complained and wrote a long email but by the time they view it I will probably have a court summons coming up

OP posts:
invisiblereally · 19/12/2021 10:57

OP you have been clear given Advice
You look up complaints department for your borough council and who the chief exec is

You then send complaint to complaints department and also cc CEO

You need to deal with this complaint proactively

Original poster
Sky1992 · 19/12/2021 17:14

So I sent a complain to the Councillors that are local to me and I also sent a complaint to the council too I'm just hoping they investigate it soon without it going to High court

OP posts:
TakeYourFinalPosition · 19/12/2021 17:22

I’ve just moved within the same council area and had to pay the new council bill and get a refund for the old one separately - they weren’t able to transfer the payment from one account to the other.

Have you complained to the council following their complaints process?

mogsrus · 19/12/2021 17:29

If you can prove innocence, why get uptight? It’s the department that’s at fault , not you

alexdgr8 · 19/12/2021 17:34

if i were you i would pay it immediately.
it is going to be much harder to sort out if it goes to court, with extra costs etc.
forget about the rights and wrongs.
you don't want this hanging over you; next they will send bailiffs to restrain your goods.
you can't delay with council tax. it is the priority debt. just pay it and then try to sort out any overpayment.
it is going to cause you a lot more hassle and emotional angst to keep going the way you have been. be pragmatic. get them off your back.

Thefuturestory · 19/12/2021 17:49

Also is there a period where you are liable for council tax on both homes?

Most don’t discount now if the property is empty. You’ll be liable from start if tenancy not day you moved in.

Similar til end of tenancy - not date you moved out.

Boredoutmymind · 19/12/2021 23:48

A notice before action letter is part of the civil court procedures. You have given them information and made various attempts to contact the council. The council have failed to do so. If it does go to court and you lose then you can ask the judge not to award costs for the council as they have been acting unreasonable.

To take court action a person must prove that the claim couldn't be resolved out of court. As the council have failed to sort a simple thing out it would more than likely prove they have been acting unreasonable. They court process takes a long time.

From what you have said the council have made a mistake which they are not fixing. The county court (small claims) fee is minimal and they can't claim for solicitors fees.

Speak to citizen advice bureau or a free legal team if there is one that is available in your area. You may be able to get legal aid for this.

If the council are being unreasonable go to your MP.

Cupcakeschocolate · 19/12/2021 23:59

You can't transfer. Pay it then request refund on your previous account. Even if you get a court summons you can still pay the council before the court date. Had similar issues with business rates which is the same department as Council tax

Discustard · 20/12/2021 01:28

just a quick one op but if you are a full time student you should be exempt from council tax - if you are the only adult in the property that's a full write off and if there's 2 adults there should be a discount

Original poster
Sky1992 · 20/12/2021 02:23

Thank you everyone for the advice I will give them a call tomorrow first thing and if worst comes to worst I'm going to set up a low payment plan even though I can afford the amount I shouldn't have to. I don't want it to go to court but at the same time they have been unfair and on the phone they have said I can transfer the amounts over and I am now a student but wasn't at the month they are trying me for but now I am eligible for a discount as my partner works and earns a sufficient amount

OP posts:
RedHelenB · 20/12/2021 07:09

If you're in the right and don't owe the money, let them take you to court.

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