Erroneous Council Tax liability order?

Erroneous Council Tax liability order?

UK coins on a council tax statement with a question mark sign
12:01 AM, 28th May 2025, 11 months ago 5

We have received two Notices of Enforcement for unpaid council tax, which came as a complete shock, as at no point did we receive any bills or a court summons, so we had no knowledge of the debt as they have been sending documents to the wrong address. The notices of enforcement state that a Court Liability Order was issued on 30th January 2025.

I have no problem with paying the council tax bills, which they finally sent to us today (by email!), but I’m not happy about being expected to pay the various court fees and bailiff fees which they insist must be paid.

The Council (the same one that obtained the court liability order) actually bought the properties from us last September. We notified the council tax department immediately after the sale that they (the council) had purchased them, by email and by letter via 1st class Royal Mail. The email didn’t include our postal address, but the letter did.

I rang the council today, and they denied receipt of the email and letter. When I informed them I had a receipt for the email, the person then managed to find it but continued to insist that they had not received the letter and as the email didn’t state our new address, they had sent the Council Tax Demand and Court summons to our old address. The person also stated that they don’t send Council Tax Bills/Demands by email. I’m not sure this is true, as they have done so previously (and finally sent us the bills in question by email today). Do I have to prove that they received our letter, or is first-class mail deemed to be delivered after a given time has lapsed? It seems rich that they can deny receipt of correspondence from us, but it’s ok for them to obtain a court judgement without our knowledge.

I’ve also checked council tax bills for other properties and can see we did provide them with our new address for those properties. Is it necessary to prove we gave them up-to-date address details individually for every property we own in their borough or is it reasonable to expect them to carry details across?

The email and letter also made it clear that the Council had purchased the property from us. The Sales Contract clearly shows our up-to-date address, but the person I spoke to said they wouldn’t check that. I appreciate council tax is a different department, but I did highlight to them that the council had purchased the property. The sales contract evidences that the council were in receipt of our up-to-date address, even if we cannot prove they received our letter.

We feel that having emailed them and written to them as well as notifying them of our change of address for other properties, that we took all reasonable steps to provide them with up to date address details (not to mention the property sales contract), and that their own ineptitude is the cause of this problem, but they are insisting the onus is on us and they are within their rights to send the bailffs to our home.

Any advice on whether I’m bashing my head against the wall trying to argue about the added fees or whether I should just pay up would be appreciated. If anyone feels we should fight this or apply to get the Liability Orders overturned, advice on how to do this would be greatly appreciated.

Thank you in advance for any advice given.

Gerry


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Comments

  • Member Since March 2018 - Comments: 182

    2:07 PM, 28th May 2025, About 11 months ago

    The council should need to prove they performed due diligence when investigating non payment of tax, and it appears they did not in this instance, as the contact info was available to them in their own systems. Would dpa rules stop them from investigating their own records, or is this just incompetence?

  • Member Since November 2020 - Comments: 136

    8:09 PM, 28th May 2025, About 11 months ago

    I had a similar situation a few years ago, during Covid. I had no tenants and the council was sending mail to an empty house, even though they had my correspondence address.

    I only found out when bailiffs came to my correspondence address, funny how they were able to do that but could not send mail.

    As soon as I found out I paid the tax (which was based on an empty property) but refused to pay the extra court fees. A conversation with the council, conducted via email, resolved the issue and they cancelled all charges.

    Hopefully a comversation with your council will have the same result.

  • Member Since May 2025 - Comments: 2

    6:04 PM, 29th May 2025, About 11 months ago

    Reply to the comment left by Peter G at 28/05/2025 – 14:07
    Thank you Peter. I share your views and will continue to push my point.

  • Member Since May 2025 - Comments: 2

    6:22 PM, 29th May 2025, About 11 months ago

    Reply to the comment left by SimonP at 28/05/2025 – 20:09Thanks for your comment Simon. This particular council are rather vague but appear to take the attitude that it is the responsibility of the landlord to notify them of the change of address for each property individually. I requested over the phone that they update our address details last year and this was actioned for a few of our properties but perhaps a lunch break stopped play! The fact that I started getting Council tax bills for properties sent to the correct address led me to conclude they had updated all records as asked. It appears I should have used my psychic powers to determine this was not done properly. I’m not sure how I could have done this other than by calling back and asking them to check each property while I was on the phone but even then I would only have their word for it. I certainly would have though when I sent them a list of properties we’d sold that they would have cross checked the mailing addresses and realised they weren’t all the same.
    I’ve now submitted a Data Protection Subject Access Request to see precisely what they did or didn’t do and I may lodge a complaint with the local government ombudsman although I somehow doubt they’re unbiased.
    In the meantime I settled the bills including the added court and bailiff fees but put in writing that I don’t accept liability.
    I’m still not sure whether I’m wasting a lot of time for nothing as Councils seem to get away with more or less whatever they want.

  • Member Since July 2013 - Comments: 1266 - Articles: 1

    4:15 PM, 31st May 2025, About 11 months ago

    My council has a portal where the bills can be seen and will send by email on request

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