Just moved - TO THE OCCUPIER

daveiron wrote:The choice of course is yours ,but whatever you decide it will be
necessary to do your research .ignoreing everything is not an option
you should take. We can provide some links that may be useful .

alfafasprout wrote:I have a mortgage on the house. I see all these facebook groups and telegram groups with people who just say they ignore things and they even clawback direct debits from past utility bills and loans. Is this really a thing or does it get you in a mess in the long run? Thank you

alfafasprout wrote:Hello, I have just moved into a new house. I've been here a few weeks. I haven't contacted council tax, water company, electricity and gas. In the past I have called them up to register. What happens if I just don't register and they carry on sending letters to THE OCCUPIER to get me to sign up?

Any one with experience? Thank you

GeeJay wrote:

alfafasprout wrote:Hello, I have just moved into a new house. I've been here a few weeks. I haven't contacted council tax, water company, electricity and gas. In the past I have called them up to register. What happens if I just don't register and they carry on sending letters to THE OCCUPIER to get me to sign up?

Any one with experience? Thank you

Hi,

When they write to an Occupier, their is a presumption their is a relevant and liable Hereditament, if you study C Tax legislation and Rating case law you will find that until a Hereditament has been identified, Occupation cannot arise .... so their is a presumption and an offer all in one there, when they address the Occupier.

As for that DD Claw-back that has been promoted i would steer well clear if i was you, a certain unscrupulous chap behind a certain FB group called debtless, promoted that a few years back, since others that were on there have splintered off and promoted this and touted themselves as remedy guru's, having sniffed that easy money can be made off of desperate people who rather than study and investigate themselves are looking for a quick fix, placebo is a better word, most of the people i know who took that advice and acted upon it have ended up in a far worse predicament as a result.

If anyone tells you. that a Loan or Mortgage payment or even utility bills can be recovered by DD Claw-back they are taking you for a mug.

LionsShare wrote:WARNING if you are going for claw back or not ID-ing yourself for utilities THEY will go for charging order on property when no debt exists, that's if you can show return of consideration if the time arises.

With c'tax its simply - here's a bill! That will take some thought!

Ultimatley becareful.

LS

flyingfish wrote:In that case you will be traceable via the Land Registry. For Council Tax there is a list of people potentially liable, with the owner as the one ultimately liable if no occupier is identified. There is a risk that the Council will end up getting a charge on the house, or even an order for sale, if enough unpaid CT builds up.

For the other utilities there may be more scope, I don't know whether they can do the same but it is possible.

Regarding Direct Debit clawback that was a sudden craze a few years ago, and in my opinion frankly irresponsible.  It is perfectly plain that reclaiming a DD payment does nothing to negate the original liability and many people did find themselves worse off.  After the initial flurry, there were people popping up all over the place bitching about the action taken by creditors after payments had been clawed back. Another effect is that banks apply more scrutiny now, and will want to confirm that your DD claim is valid before making any refund.

alfafasprout wrote:what is a charging order?

I understand that the local government finance act says council tax is only for commercial property

flyingfish wrote:

alfafasprout wrote:what is a charging order?

A Charging Order is a restriction put on the title of the property to secure a debt which means if the property is sold, the creditor gets paid from the proceeds before the owner gets anything.  A charging order doesn't force you to sell, but the next stage could be an Order for Sale which does. These are mechanisms that Councils have been known to use. They have also been known to let it build up to £5,000 then go for bankruptcy.

I understand that the local government finance act says council tax is only for commercial property

I think you'll find it doesn't actually say that. I often see this claim but never seen anyone explain which exact bit they think has that meaning.

The bottom line really is that nobody has come up with a plausible way to get out of paying it, unless you can remain untraceable or have no assets or income that can be taken.

midnight wrote:Regarding CT. Food for thought and a dose of the reality.

https://rumble.com/vm0erp-council-tax-is-it-legal-yes-you-voted-the-british-in.html