Ok, I am usually quite up on legal stuff, but this has thrown me!
We got a letter from the council today sayin that our first court case was adjounred and its been rescheduled. This is for non payment of C.Tax.
Thing is, this is the first letter we have ever had from them and we have paid all of our C.Tax and have bank statments to show it.
Do they not usually send a reminder or something? I cannot believe that they can just send a letter after a first court hearing.
Anyone else had a similar experiance? what did you do?
I have just written to them, but am worried it will still go further.
2007-03-09 07:55:25 · 11 answers · asked by mrssandii1982 4 in Politics & Government ➔ Law & Ethics
Just to open it up a bit more....
If i prove we have paid, and it left our account, but the council dont have it, who is liable?
2007-03-09 08:02:05 · update #1
Okay, first stop worrying. You've paid your tax and can prove it.
Either telephone, or write to your council and demand an explanation:
1. Why has your Council Tax payment not been recorded?
2. Why were you not informed that you were being taken to court?
My guess is that the council didn't inform you because it hoped to obtain a court judgment against you without your knowledge.
They would then have immediately passed your 'debt 'onto a debt collection agency who now can order bailffs to come and kick in your front door and remove any of your property and sell it.
If I were you I would be very, very angry. So angry in fact that I would demand compensation for stress and anxiety caused by their ineptitude, and would invoice them for an amount of not less than my council tax.
When they didn't pay I would the make an online claim against them to the small claims court, and pass their debt to me onto a debt collection agency.
You can always sign the online Downing Street petition calling for the scrapping of the Council Tax review. You will find a direct link to the petition in the Nottinghamsire Times online magazine. www.nottinghamshiretimes.co.uk
2007-03-09 10:45:43 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the original hearing was adjourned then you will need to defend the case, or you may end up with a county court judgement. More appropriately you should apply to strike out the claim and make a Part 20 counterclaim for costs, in case you need to attend court (and take time off work) as well as the application fee.
The application to strike out should be supported by a witness statement and copies of your bank statements, highlighting the appropriate payments.
The court service site below should be helpful.
If you can show that the money has left your account, it is for the local authority to show that they have not received it. If the application to strike out does not cause the local authority to discontinue the claim then it might be necessary to join your bank to the application as an interested party.
2007-03-09 08:07:22 · answer #2 · answered by stephen.oneill 4 · 0⤊ 0⤋
I have seen this before. If you want to make an issue of it, call the local newspaper, tell them the story and that you will go to Court to expose the Council's stupidity. The paper will be delighted to report it. Make CERTAIN that all your evidence is intact and tell the Council 'I'll see you in Court'. My bet is they will find out what happened and drop it like a hot potato.
2007-03-09 08:06:03 · answer #3 · answered by MANCHESTER UK 5 · 1⤊ 0⤋
I had the same problem a few years ago.I had paid the money but they had not recieved it.Turned out that They had given me the wrong reference number and they found the money in an old c/t account that was still in my name.
One call to the council and it was sorted.
Alternatively take your information to them and get a sit down with a senior.
Do not panic you are in the right.
2007-03-09 08:52:05 · answer #4 · answered by coolkebab 4 · 0⤊ 0⤋
File a defence and negligence claim against the council don't forget to include shock, stress and suffering caused, and the cost of your time dealing with the paperwork and phone calls.
2007-03-09 18:12:53 · answer #5 · answered by Geoff E 4 · 0⤊ 0⤋
I wouldn't worry if you have proof of payment, it is probably a computer glitch and the letter sent to you in error.
I would have just phoned them and said you have proof of payment, and explained the letter you have received without any warning notification.
Naturally you will need your bank statements as proof if payment isn't showing on their records.
2007-03-09 08:04:07 · answer #6 · answered by Jewel 6 · 0⤊ 0⤋
yeah
its real simple go to the court on the dates shown then tell the courts u paid show evidence and the council will have to apologise
u may even get compo
2007-03-09 08:04:26 · answer #7 · answered by trigga01001 2 · 0⤊ 1⤋
Unfortunately, mistakes are made...too often!
If you have bank statements etc to prove you have paid, after they receive your letter, i doubt it will go any further.
2007-03-09 08:03:47 · answer #8 · answered by Amanda 6 · 0⤊ 0⤋
why write them get into the council offices with all your evidence and find out who is responsible and then report him to the Mayors office and get the monkey fired
2007-03-09 08:05:35 · answer #9 · answered by srracvuee 7 · 0⤊ 0⤋
this surely must be a case of mistaken identity
go straight to your citezens advice bureau on Monday with the letter & your bank statements
once they realise their mistake demand an apology
2007-03-09 07:59:34 · answer #10 · answered by Anonymous · 0⤊ 1⤋