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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the local authority have been sending council tax demands

Resolved Question:

the local authority have been sending council tax demands to my sons house instead of to me by mistake i have notified them on four occasions and they have acknowledged in writing the mistake . this has been ongoing for two years and they are now sending bailiffs to my sons house to retrieve goods for non payment of council tax owed by myself. i have tried to explain i want to pay but have had no bill to my home the house that the council tax refers to. after two years and numerous visits and phone calls to try and sort this out I and my sons family have become quite stressed by the whole fiasco.
Can I sue the council ??
Many thanks Alan Ayris.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Do you accept that you are in arrears please?

Customer:

Yes I do.

Alex Watts :

So they were right to get the bailiffs - its just the wrong address, is that right?

Customer:

yes although they were informed of the wrong address last year

Customer:

I was told not to pay until I received the correct name and address on my bill I have not yet had that after two years of trying to set up a payment plan.

Alex Watts :

Indeed. How much are you looking to claim?

Customer:

I have to leave now sorry but if you could email your advice that would be appreciated

Customer:

many thanks

Alex Watts :

When you get back then you can see what I have written.

Customer:

thank you

Alex Watts :

However for you I am sorry to say its bad news. You accept that you were in arrears therefore the Council were right to send in bailiffs.

Alex Watts :

The only thing is they sent it to the wrong address

Alex Watts :

Therefore on that basis you can not sue the Council as you did not suffer distress as such because it was not your address.

Alex Watts :

Your son may have a claim but sadly not you given what you have said.

Alex Watts :

If your son wants to bring a claim he should first write to the Chief Officer of the Council and set out the complaint. The Council will then investigate it and provide a response.

Alex Watts :

If he is not happy with that then he can go to the Local Government Ombudsman. They offer a free, independent service and are available at: www.lgo.org.uk

Alex Watts :

Once you have their decision then you can decide whether it can be pursued in Court

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Only the fact that I have tried to pay but havent been able to due to the council telling me they were wrong and that they would submit new bills to the correct address

Alex Watts :

Sure, that can be part of the overall complaint but I do not think that is enough for you to successfully sue

Customer:

I will write again to the chief officer. many thanks

Alex Watts :

Happy to help - can I clarify anything else for you?

Customer:

no thats fine

Alex Watts :

Thanks. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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