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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70417
Experience:  Over 5 years in practice
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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: 1 year ago.
Category: Law
Customer: replied 1 year 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 1 year ago.

Why haven't you paid ?

Customer: replied 1 year 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 1 year ago.

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

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Hello are you still there???
Expert:  Jo C. replied 1 year ago.

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

Expert:  Jo C. replied 1 year 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 1 year 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 1 year ago.
Ok thanks.
Expert:  Jo C. replied 1 year ago.

Np problem

All the best.