Legal help with council!!!

mookie

Well-Known Member
Joined
Jan 20, 2011
Messages
805
Reaction score
0
Over the last 3 years we missed 1 council tax payment, the council's automated service failed and they blamed us. Ever since then they seem to pick on us and rather than trying to talk to us they take us straight to court.

Long story short, January 2010 OH lost his job and we were on benefits until August 2010. during that time the benefits helped pay the council tax. OH was earning around £26,000 a year, he took a new job in August paying £16,000 so he has taken a massive pay cut. We are no longer on benefits but when job seekers signed OH off, they didn't do the paper work correctly, which left the council saying they had A- Overpaid us and B- We needed to pay them £1150 for the rest of the year.
As you can imagine with the pay cut thats a lot of money to find and it just wasn't possible. We pointed out the error and have been fighting it since September. In December the council received a letter from job seekers saying that they made a mistake and we were due some more money (which we never received).

Just before christmas the council sent a letter saying they were taking us to court for the full amount of council tax. Once again we called and explain, were told it was an error (on the councils part). We were told our account was put on hold and WOULD NOT go to court as the account was in appeal.
We have phoned the council repeated to be told they will make a decision soon and the account was still on hold and in appeal.

We arrived home yesterday to find a debt collectors letter (they had been to the house whilst we were out). They have been given a court order to remove goods from our house. To pay the debt they want £200 a month for the next 6 months which isn't possible as we don't have that sort of money spare!
The bloody council have lied and taken us to court without telling us! We never had anything in writing for the account being on hold as council refused.

Surely there has got to be something we can do, this isn't the first time the council have done this to us. Surely the council can't get away with behaving like this.
The house is going on the market monday as we just can't do this anymore, we just keep getting screwed over.
Please could anyone give me advice! I'm 10 weeks pregnant and very stressed xx
 
:hug: what you need to do is write all this from beginning to end in a formal letter. Stating that you would like to make a complaint about the situation you have been put in. Explain that you do not believe you owe ANY money and in fact you had a letter statingthey owe you money. Put a photocopy of that letter as an attachment. Send it to the council and C.c. it to the debt collectors.

Say that you are 10 weeks pregnant and are also requesting compensation for the stress caused by their repeated errors.

You have to have everything in writing from now on incase bailiffs come back, you will have something to show them
 
They shouldn't demand 200 a month off u either. Years ago I had collectors knockin at the door 4 council tax money and o had to offer them a payment (about 50 a month I think I offered) then was left an incomin/ougoin form that i had to fill in and send off b4 they agreed a payment of £62 a month.
 
Dont pay any money though. once you pay you have legally admitted to being responsible for the debt which you are not. once you pay you have no legal case to ask for that money back.
 
Thank you. I will start putting everything in writing today. The debt collectors have said the only option is to pay up and if we don't they will come back with the police and force entry and remove goods to the value. We explained to the debt collectors that this wasn't our fault and they said it isn't their problem xx
 
ring the counci straight away ask them to cancel the debt collectors as this is an error. ask them to send you a letter confirming this in case the debt collectors come back again. you cannot pay or you will lose your case.
 
Debt collectors have also told us we have to pay it off in six months. Apparently they said the law says so!
 
after the phonre call follow it up with a letter:

"I rang you today at (time) and spoke to (name of staff member you spoke to)

He/She confirmed that there is an error on my account and confirmed that I do not owe the council any money. He/She has agreed to contact the debt collectors immediately to prevent a further visit from them in error.

I am now awaiting a letter from you to confirm this.

Yours,

etc...."

Follow up every phone call like this saying exactly who you spoke to, time of call, and what they said they will do about it. Obviously keep a copy of the letters yourself.
 
dont deal with the debt collectors anymore other than to tell them that you are in discussions with the council as you are disputing the debt. Let us know how you get on when you ring the council, if they confirm that you do not owe them any money then you'll be up for some serious compensation for putting you under undue stress.
 
The council have refused to deal with us as the debt has been sold and it's not their problem anymore.
 
it is still their responsibility as they sold the debt in error. Insist that they look into the case. Say if they do not you will be seekng legal advice against them.
 
:hug: good luck. Might be worth seeing if a local legal office will do a no win-no fee case for you. A solicitor letter is taken a lot more seriously than one from us mere mortals :lol:
 
I'm really proud of myself!! My partner normally deals with all the calls to the council etc! I've phoned shelter and got an appointment with them regarding debt to sort out all of our problems AND I've phone the council and managed to get them to put the baliffs on hold!!! I have to get everything to the town hall on monday in writing and we then go from there!!!!!
 
thats fab! well done for sorting it out, you can relax over the weekend now :yay:
 
Thank you so much for your help!! I can't believe I did it!! I was so nervous and I'm sure I talked at 100mph! Thanks again! xxx
 
What a terrible situation for you to be put in - how stressful!! What I don't understand is how it went to court without you knowing about it?? If they have your address you should have been informed of the court date and had the right to attend to explain your case - in which case the judge would have hopefully looked favourably upon you given your co-operation all along and set a low repayment rate. I think you should seek legal advice - Shelter is an excellent start! Good luck! xxxx
 
hey hope everythings beginning to sort it self out.

1st) Dont open your door to the debt collectors! They are not allowed to force entry! the only way they are allowed to get in is through an open door or window so just keep em shut! They shouldnt have told you they will force entry as this is illegal! If they come again try and video them through a window or summin. If they tell you its illegal say you can do what you want from your own window just dont open it!

2nd) go to CAB! They will be able to help you out too. Dont try and do it all on your own! xx

Good Luck Hunny
 
Thank you! Currently the council have put everything on hold and we have given them everything in writing! Just waiting for a response now xxx
 

Users who are viewing this thread

Members online

No members online now.

Latest posts

Forum statistics

Threads
473,573
Messages
4,654,637
Members
110,020
Latest member
Nicola111
Back
Top