council tax

[Never-In-Doubt]

Re: council tax

Thread temporarily closed.

[Never-In-Doubt]

Re: council tax

Pawly - I'm sorry but there's a couple of threads now whereby the events you claim occur, don't add up. It's not a case of calling you a liar but you have to understand the posters responding to you (me included) have extensive knowledge of systems, processes and the law. On a couple of occasions your query is bordering ridiculous. This thread in whole, being one. As you've been told a council cannot and simply will not issue a CCJ for arrears of council tax when they can get a custodial sentence - so, it is with regret that until you can provide some form of evidence to back up your story that I'm suspending your membership to AAD.

I'm taking this action to stop my mods & site team wasting time here when they can be helping others. It's easy to force an apology from me; just email me a copy of the HCEO letter or the credit report entry showing the CCJ from your LA. This will stay confidential in line with our DPA registration.

Niddy

[PlanB]

Re: council tax

Didn't they used to swear the earth was flat.......

Isn't it?

[Pawly555]

Re: council tax

All I can say it what I know.
The above happened to us.
I don't understand it either as again we all know the correct procedure for ccj etc.
The council made a dumb mistake. That's not my fault. What I said. Happened.
Just because I say something happened that shouldn't have happened doesn't make me wrong.
The council grovelled lots.

Didn't they used to swear the earth was flat.......

[oscar]

Re: council tax

No paperwork WHATSOEVER

I am not lying!!!

Ccj in hubby name only!? Joint owners. Never moved. Been here forever.

Appeared on a Friday. Gone by Tuesday.

This just proves the corruption still goes on. The councils are corrupt.

Just because people like me have unusual problems this does not make us liars and cheats!!

N one said you were lying, no one said you were a cheat.

it is a fact that in order to gain a CCJ there would have to be a paper trail - whether you received it or not.

If it is a joint property, it would be joint liability and a joint CCJ.

Given that Credit Reference Agencies only update their records every 30 days - from information received, then I cant see how your hubbys file could be updated in less than two working days. In fact, there is no way it would be updated that quickly.

Again, I am not calling you a liar, but I have worked in the finance sector, dealing with Credit Files etc for over a decade .... many others such as Plan B and Never in Doubt are extremely well versed with court practices. Plan B is also extremely knowledgable on housing law.

It could well be that this was a genuine error, but with out any form of paperwork, it is difficult to say for definite.

[Pawly555]

Re: council tax

No paperwork WHATSOEVER

I am not lying!!!

Ccj in hubby name only!? Joint owners. Never moved. Been here forever.

Appeared on a Friday. Gone by Tuesday.

This just proves the corruption still goes on. The councils are corrupt.

Just because people like me have unusual problems this does not make us liars and cheats!!

[PlanB]

Re: council tax

Ccj was removed and we had letter from council apologising profusely and they just said it was done in error!!??

The council just had it removed. We didn't have to do anything with the court.

Council even confirmed they don't ccj for council tax so God knows what someone was thinking at the council.

In order for the council to have got a CCJ you would have been issued with a county court summons first.

If you didn't respond or didn't get the summons you would have received a Default Judgement which would have been sent to you by the court. The court doesn't grant a Default Judgement unless the Claimant (in this case the Council) requests one. The Council would have been involved in various legal steps in order for you to end up with a CCJ.

There are systems in place to prevent these things happening behind your back unless you move address, but you say it was on your husband's CRA file so I assume you checked the current address. I'm at a loss to know why you didn't get any of the court paperwork in relation to this summons and CCJ. Ditto the set-aside order.

I assume that you are living at the property with your husband in which case your council tax liability would be in joint names, which means the summons would have been in joint names as 1st and 2nd Defendant. Was this CCJ also showing on your CRA file as well as your husbands?

[Pawly555]

Re: council tax

Ccj was removed and we had letter from council apologising profusely and they just said it was done in error!!??

The council just had it removed. We didn't have to do anything with the court.

Very irregular. Still we don't care as long as it's gone. It's gone.

Council even confirmed they don't ccj for council tax so God knows what someone was thinking at the council.

[PlanB]

Re: council tax

Oh my God. Just rang court. It's a mistake they said. And a Proper Officer is just an admin person she said !!!!!!

No authority whatsoever. Plus she confirmed they don't do CCJ for council tax!!

Am relieved but furious as don't need that sort of inept behaviour.

It has already been set aside.

I've just seen this thread.

Can you update us on your council tax issue.

You say the council got a CCJ against you which has been set-aside. But Local Authorities don't issue county court proceedings for council tax so how could there have been a CCJ set-aside?

Also in order to get a CCJ set-aside it has to be either as the result of an application made by the Defendant to the court (which you obviously didn't make) or by both parties (the Claimant and the Defendant) consenting to a set-aside order which is rubber-stamped by the court. Whichever option took place you would have been sent a copy of the court order of the set-aside. Have you received that yet?

What really did happen in this circumstance?

[DarkAutumn]

Re: council tax

Glad to have been of help.

[Pawly555]

Re: council tax

Hello everyone.
Thanks for all your help. A lot happier now.

[Pixie]

Re: council tax

Glad you've got this sorted out Pawly but sorry you've had the worry.

Thank you for your input DarkAutumn. I've learned something reading your posts

[SA Gold]

Re: council tax

What a nightmare for you. Glad its sorted thou

[DarkAutumn]

Re: council tax

Oh my God. Just rang court. It's a mistake they said. And a Proper Officer is just an admin person she said !!!!!!

No authority whatsoever. Plus she confirmed they don't do CCJ for council tax!!

Am relieved but furious as don't need that sort of inept behaviour.

It has already been set aside.

Thank you for the support.

It is good to hear you clarified it all, as stated above, councils don't need CCJs to enforce recovery of the tax, they only need to obtain a liability order and that's with a magistrates court not a county court so it couldn't be a CCJ because that is a County Court Judgment.

Liability orders are not shared with the credit reference agencies so they do not affect your ability to obtain credit.

It was obviously an admin mistake somewhere along the line.

Good idea to have posted about it and to get it all sorted out.

[Undercover Elsa]

Re: council tax

Pleased it's sorted for you Pawly, well done