Council Tax

[MartinBev58]

My father passed away on the 7th December. We lived in the same property but the council tax was paid by direct debit from his account.
I have contacted the council on many occasions by letter and e mail saying I require the single occupier discount and the bill for the rest of the year in my name.
The single occupier discount was granted early January but the bills just keep on coming in my fathers name.
I have also been in to see them at the Council Tax office and spoke to the manager on the 8th March.
I have now received a final demand invoice in Dad's name threatening to take legal proceedings if the bill is unpaid and to be honest I am getting fed up of it.
As far as I am concerned if somebody came from the council now and gave me an invoice in my name I would let them have a cheque on the spot.
I have also received a bill for the 2012 to 2013 council tax just now in Dads name an again if they put it in the correct name I would pay it now in full.
If the council keep on ignoring my requests to change the bill into my name does anybody know who would be responsible for the legal costs? as there appears to be nobody with common sense in the Council Tax Office and it looks as if the only way I will get any response is if the council takes me to court.

Martin

[boxtops]

Let them do it then, martin - if you've got copies of all the correspondence advising them of your dad's death, asking for single occupier discount, etc., then they haven't got a leg to stand on.

[jackthehat]

Whilst the issue regarding the names must be irritating, the fact remains that there is Council Tax to be paid on your property.

Simply pay it. Compose a letter about the change of name and send a copy to the Council Offices once a week/fortnight..........it might concentrate their minds.

[albaqwerty]

Firstly, sorry for your loss.

I'd go to the Council Offices in person and speak to someone face to face. IMO letters and phone calls etc, are put into some sort of system and are only dealt with when that person gets to it in the pile of stuff they have to process.

[Davethedog]

Sorry to hear of your troubles, I suggest you contact the local council ombudsman - http://www.lgo.org.uk/making-a-complaint/

You can try writing a letter to the council stating that you will contact the Ombudsman unless you receive a reply within 7 days.

I take it you have all the correspondence, so ring them and see what they say.

[Taxpayer]

Hi Martin.

I agree with jackthehat in relation to paying the council tax due for this year.
If the council does not get the name issue rectified I would pay your 2012 to 2013 council tax monthly.
I do not know if you intend to sell the house and move elsewhere but if the tax is paid in your fathers name you may have problems getting a refund if you sell say half way through the year.
I think you said it was a 4 bedroom detatched house in 1 of your other threads which is large for 1 person.

[bednobs]

Agree with Jack- while the wrong name IS annoying, why don't you just pay it, keep proof that you've paid it and then set about (again) getting it right. Going to court seems a completely unnecessary waste of your and other ct payer's money just because you are irritated by it.

[Johnblor]

I tend to side up with Taxpayer on this issue.
I think Martin should settle up for the 2011 to 2012 year now but only pay for the 2012 to 2013 year monthly in case he decides to move house in the middle of the year.
If he pays for all the 2012 to 2013 year now he may have problems should he need to obtain a refund for some reason as it would have been paid in his fathers name.

John

[Johnblor]

Martin

May I point out legal costs are normally awarded against the losing side but costs are generally at the discretion of the court and you may find the councils costs awarded against you.

John

[tonywiltshire]

As has been said you may be putting yourself in the wrong by withholding the Council tax from the Local Authority. Their first step will probably be to obtain a liability order against who they believe is responsible for paying the CT in the local Magistrates court, which will probably be rubber stamped if it is you named as liable, if your late father is named go to the magistrates court and explain the position. Before they can start civil proceedings, they need a liability order. I can recognise your annoyance with the apparent incompetence of the LA but stay squeaky clean and pay what is correctly due to the LA with a letter of explanation.

[themas]

Legally the tax is due from whoever occupies the property, whether named on the bill or not. So you would lose in Court & have to pay their costs.

However, what you should do is write a formal complaint letter to the Council Chief Executive saying that if they don't put the name right & apologise you will go to the Local Gov't Ombudsman with a complaint of maladministration. Keep a copy of your letter & either hand deliver it or send it recorded delivery.

[Dawfrank]

Hi Martin

As the council is being so stupid I think it would be best to pay up to April 1st and if your father is in a cemetery give them his address as the cemetery including the plot number and say they can send the bill to your father at that address.
It may make the person who is dealing with the matter think.
There again knowing some of the morons my local council employ probably not.

[factor-fiction]

Hi Martin. I know how frustrating these things can be- I had terrible problems sorting out water rates, insurance, council tax when my grandmother moved out of a council flat into a care home as they wouldn't deal with me but she wasn't capable of dealing with things herself.
Have you sent them a copy of the death certificate - maybe that is what they need, although I think the problem is more likely to be incompetence/poor communication within the council.
I agree that you need to pay at least what is rightly due and then try to sort things from there. If some of the money owed relates to when your father was alive (or before you notified them of his death) then that money should be paid from the estate rather than by you (although I recall you may have been the only beneficiary)

[MartinBev58]

Hi Factor 30

I had some problems with some financial institutions when getting the figures together for my father's probate.
Some were saying they would release the figures to me when I get probate but obviously I could not get probate without the figures.
Oddly some of the others gave me the money on presentation of the death certificate.
I am going into the Council Tax office today to pay the rest of the money for this year and then I will ask to change the address to send the bills to my father the cemetery.

[MartinBev58]

Hopefully this will make them realise what has happened and they might do something.

Martin

[MartinBev58]

Well I think giving the cemetery address has worked.
The woman looked up at me and I produced all the paperwork in relation to me trying to get the council tax changed into my own name.
She advised me just to pay the tax up until 31 March and she said it would be sorted in the next few days and then I can pay the 2012 to 2013 tax.
She also said that if I had paid the 2012 to 2013 bill in my fathers name delays could happen should a refund be necessary so it looks if Taxpayer was right.

Martin

[factor-fiction]

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