Madelina

Hi folks! I have an unexpected issue rearing it's ugly head and biting me in the ar** so to speak!

Back in 2010 before I moved to the U.S, I rented a property for 6 months after I sold my house. I had been granted council tax benefit at my old place, and when I moved, I phoned the new council on the day I moved in, and they sent me the relevant forms. I completed them, and never heard a thing back. I figured it was all just continuing, as I never had a council tax bill.

Then, over 6 months after I moved to the U.S, my parents in the UK started getting threatening letters from the local council saying I owed over 600 quid. They even sent bailiffs around, but since my Dad is an Insolvency Officer and deals with those people every day he made short work of them However, the letters have started up from the council again, saying they are going to get a Commital order to have me sent to prison?!?!?!

Every phone call I make to the council is met with some really rude woman insisting I pay them, telling me they have no record of my applying for benefit, and ignoring me when I ask where the bills for those 6 months were then?!?

The thing is, i've had no official contact from courts or anything, it's all being sent from this borough council. Can they really apply for a warrant for arrest, as they say?? I don't have 600 quid to pay this debt I don't believe I owe anyway, but now my Mum is freaking out over her own credit rating, and she thinks I will be arrested the next time I set foot in England!!

Thoughts, anyone?

Maddy xxxx

Weeze

Let me check I read it right;
You claimed Council Tax Benefit (CTB) on your owned property.
You sold that property and rented.
You phoned the council and completed some forms, presuming you had nothing to pay as you never received a bill.

CTB could have been transfered over to your new address, but to do so they would have wanted to check your other changes in circumstances including capital from sale of your property. To do this they would have sent you a full council tax bill and then letters asking for evidence to continue your claim. After everything had been dealt with, you would then have received decision notices and a revised bill.

You having received no bill does not negate the need for you to pay it under council tax regs. How would the council ever know that you hadn't received a bill? If it had been no bill for electricity would you have presumed all was okay, or would you have contacted them?

You cannot claim CTB for a past period. If you think you did claim it at the time and the council had messed up, you could ask via the freedom of information act for details of what happened to your claim. Then if they had messed up, you could appeal.

If you lived alone you can claim single person discount for the period, even though the period has passed.

Madelina

To clarify, i was divorced, and my home was sold, part of the funds paid off the mortgage, then the capital was split between us. I had no job, I was taking care of two kids, but youre right, i wasnt sure what the new situation with CT benefits would be, so on the day I moved to my rental house, in a new borough council, I phoned them, and asked. they said they would mail me a new application for council tax benefits. this arrived in the mail, and i completed the forms showing all the relevant details, i/e money in the bank, income, etc and sent them off. That was the last I heard. At my old house i only received a council tax statement once a year showing a nil balance, so i assumed my claim was accepted and i would at some point get a statement for the year.

I'm not really asking so much about whether they are wrong or right, really i'm wondering if a) this can affect my parents' credit scores, as they somehow got my parents address and are using it as a c/o address for me.

and b) does anyone know what a commital order is, or if the borough council can apply for my arrest over this?!! I just phoned them again and they claim my rental management co told them i moved in, on the month i actually moved to the us!

I want to tell them to pee off and sort this themselves, but i dont want to be arrested next time i land at heathrow!!

mikelincs

Council tax is one of those debts you can be arrested for and taken to court, along with other debts owed to governments or local authorities. Not too sure what they can do, the usual recourse is to send the baliffs in, but they are only allowed to take items owned by you. Not sure about the credit scores though. I would suggest you write to the council concerned, not phone them, and explain as you have here, I would also send them copies of any documents you have showing the date you moved in and out of the property.

Jerseygirl

I don't know about your rights but I do know I would not want my parents harassed. We have heard of similar cases before...people leave the UK with debts thinking they have left them behind...then they find their elderly parents are the ones to suffer.

I would contact them...in writing...explain your situation and offer to pay the money back in small installments.

Weeze

a) no, but your parents may need to check their credit scores and write a letter stating they have no financial link to you.

B) a commital order is a court order and yes

If your capital was over $16k then you would definately not have qualified for council tax benefit. You can reduce the bill by 25% by asking for single person discount. Rather than have my relatives continue being hassled and the risk of further action on my returning to the UK, I would ask for a payment plan.

goldchoccycoin

Have a look at http://forums.moneysavingexpert.com/...play.php?f=187 I'm sure they will point you in the right direction