How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Morning, I have received a notice of enforcement from the

Customer Question

Morning,
I have received a notice of enforcement from the bailiffs. This is for overpayment from the council housing and Council tax. To cut a long story short they have gone back to 2005 to 2012 i have been to county court and was found not guilty but the tribunal say i still have to pay. its approx £22,000. I really don't agree with this what are my options can the Council enforce this when the court found me not guilty and the tribunal say the have no legal power in their decision???
Many thanks
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
Not county court sorry Crown court with a jury. the amounts are £2671.78 council tax and £19,078.47 Housing Benefit. THe enfcorcements are seven separate ones all saying council tax totalling £4565.74. which is way higher than the original council tax amount. so they will send the other enforcement for the housing one if they have done one. The Council seem to be a law on themselves. Can i do nothing ???
Expert:  Jo C. replied 4 months ago.

Why haven't you paid ?

Customer: replied 4 months ago.
Because my separated partner gave me money the council said I owed the housing benefit back saying he lived with me. The Money was shown on my bank statements so the council could see what I was receiving in my bank. these were over three separate claims within the 10 years. They are reclaiming all benefit paid to me. I just feel it is unfair. I was cleared in court of any wrong doing but they say the Council want it all back. I do pay my council tax and other bills. Can the enforce the repayment ?
Expert:  Jo C. replied 4 months ago.

OK. So you didn't pay council tax for that period?

Customer: replied 4 months ago.
I worked part time on the times in question. as i was a single parent working part time and trying to set up a business. the council paid my council tax and money towards rent.
Expert:  Jo C. replied 4 months ago.

Ok. But they say that wasn't due because you weren't entitled to benefits because you were receiving money not disclosed?

And come what may, you did not pay?

Customer: replied 4 months ago.
No they are saying he lived with me.... Its to long winded to go into the case. I am asking you that if the crown court find me not guilty and the council tribunal say i do have to pay can they do this?? Can they enforce this?
Customer: replied 4 months ago.
In 2012 i have money stopped as living with partner. I have interview under caution I disagree. it goes to court 2013 and i plead not guilty it is sent to Crown Court. Early 2014 at Crown court found not guilty. a week later i receive letter from council demanding money back. I write to disagree as i have won case. I hear no more. then in 2015 i have a notice of enforcement from Bailiff. I ring the council they say you didn't appeal to council i said i thought it was all sorted at court. Was told it was to late to appeal. I take this to an independent tribunal who say its to late to appeal as its over a year. Dont hear anymore. Then late last year i get a letter to say council will let me appeal through a tribunal and a date will be sent. The appeal at the tribunal was July 2016 i lost. I have now received notice of enforcements again. so i need to know can they enforce this even when i was found not guilty of any wrong doing at courtnd
Customer: replied 4 months ago.
Hello are you still there???
Expert:  Jo C. replied 4 months ago.

Yes, the finding of the criminal courts does not prevent recovery.

Expert:  Jo C. replied 4 months ago.

The civil courts use a different standard of proof and anyway recovery is quite common.

Further, if there is an order then there is an order.

Expert:  Jo C. replied 4 months ago.

Certainly it is right to say though that just because you were found not guilty of a dishonesty based offence doesn't mean they cannot recover money unlawfully paid.

The civil courts would not be considering dishonesty but just whether the money is due.

Can I clarify anything for you

Jo

Customer: replied 4 months ago.
Ok thanks.
Expert:  Jo C. replied 4 months ago.

Np problem

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions