danny dyer 11:14 Mon Dec 21
Council tax experts?
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Tricky situation. They are claiming I owe from Jan '13 in the house I now live in. Only moved in in Sept '14 (but yes I do own the property). I was living in a different house in Jan 13 and paying council tax there.
BUT apparently the bird I was living with there was claiming single allowance or wotever thats called. I used to give her cash for food/bills etc and she'd sort it out by standing order. Turns out she was trying to save a few quid by telling the council she lived alone and that I left in Jan '13.
So how the feck do I get out of this? If I tell the council it's bullshit and I was still living in previous property from Jan '13 and paying council tax, they'll say I underpaid (right??) and hit me with an extra bill. And yes I've wiped my knob on the letter.
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Replies - Newest Posts First ( Show In Chronological Order)
Johnson
12:24 Wed Dec 23
Re: Council tax experts?
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She's done him up like a kipper.
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Brucies_Star_Prize
6:18 Tue Dec 22
Re: Council tax experts?
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If danny has a tenancy agreement, he can prove he was resident, therefore should have been liable for CTax at the address. The Council will make him jointly liable with his ex and remove the SPD, thus creating a arrears on the account that danny will be jointly liable for. Doing this will work out cheaper than paying the 19 months or so he is being billed for at his other address.
To claim a SPD, a declaration has to be made and this is usually done through an enquiry form, sent when the account is opened. As danny's ex has clearly made a false declaration, this could land her in trouble.
In short, danny can get his CTax liability period amended to accurately reflect when he moved into his current property, simply be providing the tenancy agreement, however he is unable to do this and also guarantee that his ex isn't punished for her crime.
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On The Ball
3:34 Tue Dec 22
Re: Council tax experts?
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Wouldn't it be his word against hers?
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Sven Roeder
3:30 Tue Dec 22
Re: Council tax experts?
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As I understand it the presumption is that two adults live in a property.
They will usually send a full bill to the person registered ( ie the Bird). She would then have to fill out a form and declare she is living alone to get the 25% discount applied.
All this can happen without danny dyer being involved and it's the Bird who has made a false declaration.
Her arrangement with dd for him to reimburse her for the loss of the discount or pay half I think is irrelevant to my mind.
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Curbs Little Helper
3:18 Tue Dec 22
Re: Council tax experts?
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Ok so who were you paying C Tax too?
If you are both in property and she was claiming SPD (single person discount), if you tell them you were in the property, they will say you owe more and in CT Law you are joint and severly liable. You could of course claim you were giving your GF the money although did you really not know she was claim an SPD?
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Mike Oxsaw
10:03 Tue Dec 22
Re: Council tax experts?
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Probably way over the top and far too geeky, but your mobile phone company will have records of where your phone was (down to about 100 metres) when it was used to make or receive calls/data.
You may need a solicitor's or court letter to get them released, but they will show a pattern of phone use/location that may help your cause.
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Johnson
2:17 Tue Dec 22
Re: Council tax experts?
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To be fair you WEREN'T paying council tax, you were giving money to someone who wasn't paying it on your behalf. And she didn't have to on account neither she or you for that matter didn't tell them you were living there.
You'll need to prove you were living at the gaff you claimed you were for all that time, otherwise they'll think you're dodging it.
If you have tenancy agreements or bills then you'll have a chance. If not you have to grass her up and hope for leniency. She'll just deny you were there I expect though.
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Brucies_Star_Prize
1:27 Tue Dec 22
Re: Council tax experts?
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Ok, that makes it easier for you as I presume you have a tenancy agreement. I've WHOmailed a more detailed explanation.
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danny dyer
1:07 Tue Dec 22
Re: Council tax experts?
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Bruce ; The first property [jan '13] was rented and in my name. Although she set up the CT standing order. The second property is owned by me but as mentioned wasn't used as residential til Sep '14. Does that make any difference
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Brucies_Star_Prize
12:56 Tue Dec 22
Re: Council tax experts?
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There is a hierarchy of liability:
- A resident freeholder (so for owner-occupied property the owner is liable)
- A resident leaseholder (this includes assured tenants under the housing act 1988)
- A resident statutory or secure tenant
- A resident licensee
- A resident
- The owner (this applies where the dwelling has no residents)
Presuming danny dyer's ex was above him in the hierarchy then she would be solely liable for the tax. The effect of danny residing in the property is that her bill is (or at least should be) 33% more expensive, but danny is not liable for anything.
The arrangement between danny and his ex is irrelevant, it doesn't matter whether he paid a contribution or not. It's actually nothing to do with him.
The only reason the Council would be interested in him would be if he was a student or could otherwise be disregarded, allowing his ex to legitimately claim a SPD.
Ordinarily the council would accept his statement as to when he moved into the concerted commercial property, it's only the illogically claimed SPD that is throwing a spanner in the works.
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terry-h
12:35 Tue Dec 22
Re: Council tax experts?
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Council tax bills are addressed to the householder,not all occupants. If the ex bird was making declarations to the council,her name must be on the original bill. Liability is on the person addressed by the council.
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FLIG
12:15 Tue Dec 22
Re: Council tax experts?
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Sven Roeder 11:22 Mon Dec 21
Re: Council tax experts?
spot on SR. EOT
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After8
12:09 Tue Dec 22
Re: Council tax experts?
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Right ok. Tell the council then. She's cheated them out of money. You've paid her.
You said it's on a standing order so get proof from your bank that you've been paying her and prove you were living there/ owning the property.
She's a tax dodging bitch.
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danny dyer
12:07 Tue Dec 22
Re: Council tax experts?
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You obviously havent read the thread A8. I was paying council tax. It's just that my ex=bird was claiming single person CT allowance [without me knowing] so they think i wasn't living at the initial property. But I was
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After8
12:05 Tue Dec 22
Re: Council tax experts?
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And drop the bitch in it. She's lied to the council.
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After8
12:05 Tue Dec 22
Re: Council tax experts?
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Well you aren't as you are skipping s year. I'm sorry but if you were living there since 13 then you should be paying taxes.
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Brucies_Star_Prize
11:59 Mon Dec 21
Re: Council tax experts?
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Unfortunately you have to make a choice:
Drop your ex in it or pay for a period you weren't living there. I'd go for the former as it is your ex who is in the wrong. I believe it's actually a criminal offence to falsely claim for a SPD.
You could of course explain the situation to your ex and ask for the money. If you can prove you lived in the property for the period - letters should do - then she is in a bad situation.
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danny dyer
11:53 Mon Dec 21
Re: Council tax experts?
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A8 ; it is a commercial property. That's right. It didn't have any residential aspect until sept '14 when I converted one of the old storerooms into a bedroom. Not tryin to duck any payments, quiet happy to pay CT from when I made that ajustment.
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danny dyer
11:51 Mon Dec 21
Re: Council tax experts?
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Bruce ; yes that's basically it in a nutshell. But I don't particularly want to drop her in the shit. Although obviously id prefer her to be in the shit rather than me
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After8
11:50 Mon Dec 21
Re: Council tax experts?
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Sorry it you were living in a business and not actually saying it was a residential property?
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