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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I lived on my own from 2009 until 2013 and received council

Customer Question

I lived on my own from 2009 until 2013 and received council tax single persons 25% reduction on my council tax bill. The local authority have now removed the discount and have issued a summons to me of the aledged outstanding monies, without any written reason why.
I visited the local authority ( prior to the summons ) and explained I was living on my own and i hand delivered my letter stating that I was living alone but have had no reply except a summons.
At the meeting they indicated that they had found records of my daughter gaining credit using my address in 2012 and 2013, which I had no knowledge of. However, they never stated any specifics to this end. I swore that my daughter had not been living with me and asked them to review the matter. My daughter had left home around 2007 and never returned to my house.
I received a statement a month later asking aledged outstanding monies, apon which I rang them and was told to ignore the statement as this was computer generated and their on screen records showed the matter was still under review. Now I have a summons exact amount claimed, still without any written details as to why.
My neighbours are prepared to give witness that my daughter had left my home years before.
All council tax period they are claiming extra paid via a direct debit proving that i had met all the charges asked of me at the time, now some years ater they want more money, thus I believe I am entitled to a written explanation as to why, with specifics, I am being summoned.
please can you advise as to whether I should either pay up or challange the summons, as truly I was living on my own
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

When is the date you are to attend Court please

JACUSTOMER-jdevxyyz- : 22 Jan 2014
Alex Watts :

Ok, but have they ever issued a formal demand to you?

Alex Watts :

Or was it just a straight summons?

JACUSTOMER-jdevxyyz- : I had no formal account , the only thing I have received since my visit to the was a council tax instalment reminder. I can photo copy u if the system will allow.
Alex Watts :

No thats ok. Did that show a single person discount?

JACUSTOMER-jdevxyyz- : No, at no time has there been any paperwork indicating why the extra payment is due. It merely calls ' an overdue amount'
Alex Watts :

OK. Then you need to attend Court and oppose the liability order.

Alex Watts :

In order to get a liability order there should be a formal demand

JACUSTOMER-jdevxyyz- : On what groung
Alex Watts :

You never had this.

Alex Watts :

Therefore they can't summons you

Alex Watts :

When you get the formal demand at that point you can challenge uit

Alex Watts :

it

Alex Watts :

But within the demand how can you

Alex Watts :

They can't summons you bill you never had

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-jdevxyyz- : So to be clear if they have never explained why this is due in writing, despite indicating verbally at a meeting that it possibly was in relation to my daughter using my address to gain credit, that they cannot summons me?
Alex Watts :

Indeed.

Alex Watts :

It needs to have an official bill and then you can dispute it

Alex Watts :

Can I clarify anything else ?

Alex Watts :

Is that ok ?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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