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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i was assessed for £12,000 in council tax arrears for a period

Resolved Question:

i was assessed for £12,000 in council tax arrears for a period of 20 years; and since january 1914 have been paying off at the rate of £486/month, the amount originally requested. the council now wish to increase the payments and are threatening me with a Court Order for the full amount.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

How long have you been paying off the arrears over please?

Alex Watts :

On what basis do they want an increase?

Alex Watts :

I assume they agreed to the original £486 a month?

Customer:

they sent me an original demand in December 2013 while i was in Spain i started paying by direct debit in january 2014; they now claim the £486/month was not agreed despite issuing bills for that amount and agreeing they have been receiving payments.

Alex Watts :

So they have issued bills for £486 per month and you are not behind on any installments?

Customer:

correct

Alex Watts :

Ok - well in that case if they tried to get a liability order then you could contest it

Alex Watts :

You have a right to pay by installments and if their bills say £486 they cant change it

Alex Watts :

If it went to Court then you could oppose it

Alex Watts :

The Court would want to know if you had defaulted the bill and you would say no

Alex Watts :

Therefore the Court could adjourn the application or dismiss it all together

Alex Watts :

It is unlikely if you turned up at Court that the court would grant it on the basis you have been paying and in any event the arrears would be discharged after 2 years

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

i will be back in spain; do i have to attend in person?

Alex Watts :

Or instruct a Solicitor to attend for you

Alex Watts :

It seem wholly unreasonable that if you are paying what they said that they can take you to Court.

Customer:

many thxs

Alex Watts :

In the interim I would write to the Chief Officers office

Alex Watts :

That office handles complaints on behalf of the Council.

Customer:

i thought so too

Alex Watts :

Set out your position and why you think it is wrong.

Alex Watts :

I also would write to your local Councillor

Alex Watts :

It just seems harsh for someone that is paying

Alex Watts :

Can I clarify anything else for you/

Customer:

will do

Customer:

all satis.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

i lived in a property that was only granted planning permission for use as an office/workshop for a period of 20 years and eventually was granted a Certificate of Lawful Use at the end of 2013. i was then assessed by the Council as being due for Council Tax arrears for the 20 years. as i was occupying the property without approval was it a 'dwelling' i purchased the property which was an ex M.O.D. shed in a sealed bid process.

it had no previous planning use.

Customer: replied 2 years ago.

i lived in a ex M.O.D. property that had no previous planning permission until i was granted
use as an office/workshop for a period of 20 years, and eventually I was granted a Certificate of Lawful use at the end of 2013.in a contested hearing. I was then assessed by the Council as being due for Council Tax arrears for the 20 years. As I was occupying the building without approval was it a 'dwelling' under law.

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