Council Tax Enforcement Notice Advice Please

Hi Caroline,

I am assuming you have to proof the letter was posted or received by the Council.

However, did you register for Council Tax straight away at your new address and did the new tenant at your old address register fairly quickly?

I think then you have pretty conclusive proof you are not a council tax dodger.

Hi, I did not send the letter by recorded delivery so it is essentially my word against theirs. I send dozens of letter on the same day to different agencies using the same template - no problem with any except this. They also have my email on file but never used this once. The phone number they used (this was declared void in my letter as I was moving overseas) was used by them and their response when I challenged them was essentially we tried to ring you and that is going above and beyond our duty as all we have to do is send a letter to the property.
I did not register elsewhere as I moved overseas but gave them a UK forwarding address of a family member who has been emailing us scans of all mail received. If nothing else my biggest lesson from this is always get proof of all correspondence/ receipts / emails as you cannot rely on their records. They will always say that every aspect is up to the individual not the council to prove.
Thanks,

I think you should dig your heels in and keep restating your case. Write to the local MP about how difficult they have been to deal with and cc them in. It sounds like incompetence and jobsworth behaviour on their part to me. I had something similar with a utility company and they did waive the charges in the end.

pls name the council

Hi Caroline,
As with most things governmental it is made as complicated and intimidating as possible. With property owners/landlords we get hit whenever we cannot prove any other liability existed.
If you can prove that you held no stake in the property, your tenancy had ended and you were no longer resident at the address and that your monthly DD was payment in advance you are NOT liable for the CT bill for any period beyond that date . Any costs the council have incurred chasing a debt that didn't exist are entirely their responsibility. Do not be bullied by them.
I would suggest you speak to citizens advice and produce a letter confirming your position also advising that if the action continues and/or if your credit rating is adversely affected you will counter sue for harassment and damages.
Good luck Mike

With hindsight I think the lesson here is to always get your post redirected when you move.
However organised you think you have been it is easy to miss an account or a utility - or as in this case them to 'miss' your notification. For a few pounds it really does save a lot of problems.

I'd advise as above; if you're in the right don't give in.

You must be firm with the corporations, government and anyone else trying to action something that just isn't acceptable.

I've experienced so many issues with so many different things since getting into property and I love nothing more than winning the battle. Even ones that last over 2 years. Persistence always pays off.

Maybe that's why I chose to get into property properly, so many challenges...so many learnings.

Let us know how you get on, best of luck.

Reply to the comment left by "Sue P" at "16/02/2017 - 09:33":

I agree with Sue, however, redirecting mail overseas is very expensive, redirecting to a trusted relation or friend can be a cheaper alternative. Most new tenants and agents will not waste time forwarding mail to former tenants.

Hi,

If you can prove the date you moved out the liability ends there.

Standard council response whereby they say they haven't got your letter I am afraid. Send by recorded, or email with a read receipt. Get names of people you speak to, keep copies of all letters, start making notes of conversations, with whom, times etc.

The first liability is with the tenant or occupier, however the landlord is ultimately liable for CT. If you left before the end of your term, and this hasn't been agreed you may be liable for the CT. If it was agreed that you left at the end of the fixed term then, as I say the LL is responsible.

I echo the sentiments of others here, don't take any rhetoric from the council, they are very fond of putting on extra charges.

Council tax issues are held in the Magistrates Court, hence you can be imprisoned for failure to pay, and is not the same as a normal civil debt. If you have any concerns over the credit history issue then get a copy of your credit history, try "Noddle", free for life.

Stephen