Council Tax Question

by daveystoat Mon Jul 19, 2021 2:08 pm

Hi All

A friend has the following issue: He lives on his own, and always has done. His son registered to vote using his address, without living there, he also used it as a postal address.

My friend has now received a letter from the local authority saying they think his son has been living there, please confirm the dates he was there, give us a load of other info - like where he lived before (he was a student), his relationship to you, whether he has moved and where to etc.

I have written the following letter to be posted later, any other advice gratefully received:

"Thank you for your letter dated 14th July 2021 requesting information regarding (name).

I can confirm that (name) HAS NOT EVER resided at my address, as given in this letter. He has used it as an address to receive postal mail, this included registering on the Electoral Roll in order to vote at the last general election, as he did not have a permanent UK address at the time.

I can also confirm that, apart from myself, there have been, and are, no other adults living at my address.

Accordingly, my single person discount still applies, so there is no requirement to recalculate my Council Tax bill.

Please note that I will only deal with this matter by letter, and therefore will not be supplying an email address or telephone number. I trust, though, that this letter provides you with the answer to your questions, and as a result no further correspondence will be required."

by **daveiron** Mon Jul 19, 2021 2:56 pm

Thats looks ok, If the aggro continues i would do it in the form of an affidavit.
the onus will then be on them to rebut it point by point.
(of course make sure any affidavit is factually correct)

by daveystoat Mon Jul 19, 2021 3:03 pm

Thanks Daveiron. As I see it, they would need to prove his son actually lived there (they won't be able to, because he never has), and this letter is an attempt to scare him into admitting it (it contains just enough threat), and get a load more info out of him. He's a nice chap, but not overly bright, so asked me.

Hopefully my letter will do the trick and they will leave him alone.

by Tom Bombadil Mon Jul 19, 2021 7:00 pm

This is typical of a 'body' trying to get the individual to quote themselves into trouble.

Seen from another angle, I would like to know how many snowmen have been living at that address too! I want dates and time, forwarding emails etc.

Just because someone saw a snowman at the address doesn't mean that they were living there, also at the same time it was noted that a fat bloke in a thick red winter suit was seen there one night. Also the postman noted that letters addressed to a "Mr Clause" were delivered there over time.

UDATE NOW!

by **assassin** Tue Jul 20, 2021 3:18 am

A corporation cannot make a claim, only a human being can make a claim, so if this is a corporation making a claim and its unsigned it is unlawful and invalid.

If you send your response and they contact you again then simply tell them to prove their allegations with prima facie evidence and tell them if they contact you again you will deem it as harassment with the letters as evidence, you will then charge them for your time and a compensatory amount for the emotional stress they have caused by making vexatious and fraudulent claims against you.

by daveystoat Tue Jul 20, 2021 2:28 pm

Tom Bombadil wrote:This is typical of a 'body' trying to get the individual to quote themselves into trouble.

Seen from another angle, I would like to know how many snowmen have been living at that address too! I want dates and time, forwarding emails etc.

Just because someone saw a snowman at the address doesn't mean that they were living there, also at the same time it was noted that a fat bloke in a thick red winter suit was seen there one night. Also the postman noted that letters addressed to a "Mr Clause" were delivered there over time.

UDATE NOW!

My thoughts pretty much exactly

Assassin wrote:A corporation cannot make a claim, only a human being can make a claim, so if this is a corporation making a claim and its unsigned it is unlawful and invalid.

If you send your response and they contact you again then simply tell them to prove their allegations with prima facie evidence and tell them if they contact you again you will deem it as harassment with the letters as evidence, you will then charge them for your time and a compensatory amount for the emotional stress they have caused by making vexatious and fraudulent claims against you.

Yes, I told my friend that if they take if further, they would need to prove their case, they can't as there would be no evidence. He was all up for paying it, I told him not to under any circumstances.

We did soften the phrasing in the final version of the letter - took out the bit about not having a permanent UK address and just said "He may have nominated this address as a correspondence address", and the last paragraph was a bit softer - against what I thought, you can't be too firm with these people, but it wasn't signed by me, so my friend had to be happy with it.

Thanks for all the help everyone :-)

by **daveiron** Tue Jul 20, 2021 3:30 pm

I think you need to impress upon your friend, that if he does not
follow through and get this sorted.They will be claiming back any discount
they have given & no doubt a flag will be placed on his account. Its believed
that these members of staff are incentified to claw back what they can,often
from people who are rightful claimants but are too scared to argue with what
they perceive as someone in authority.

by daveystoat Tue Jul 20, 2021 3:35 pm

I have done exactly that. He was up for paying it, I made it clear he shouldn't under any circumstances, and that as and when he gets a response, to let me know pronto.

by **daveiron** Tue Jul 20, 2021 4:42 pm

Well done mate.

by **assassin** Wed Jul 21, 2021 3:43 am

He doesn't need an address as the law actually states he can use any address as long as they have service, this may be any address including any NOMINATED address.

Turn this around, why do debt companies use PO boxes, because this is their nominated address.

by flyingfish Wed Jul 21, 2021 10:48 am

Just a quick clarification, although going off topic. Neither a PO box nor an accommodation address are valid for service. That's why we always write to a company at their real address. There's case law but I don't have it to hand at the moment.

Actually in a way this helps, as the son's use of this address for correspondence doesn't in any way prove that he resides there.

by daveystoat Thu Jul 22, 2021 10:31 am

flyingfish wrote:Just a quick clarification, although going off topic. Neither a PO box nor an accommodation address are valid for service. That's why we always write to a company at their real address. There's case law but I don't have it to hand at the moment.

Actually in a way this helps, as the son's use of this address for correspondence doesn't in any way prove that he resides there.

Good to know. The other half was chased a few years ago by HMRC who thought her ex was still living with her. No utility bills in his name, no evidence of him living there. She got the phrase "He may have nominated this as a correspondence address" from somewhere online. Did the trick.

by **assassin** Fri Jul 23, 2021 3:39 am

flyingfish wrote:Just a quick clarification, although going off topic. Neither a PO box nor an accommodation address are valid for service. That's why we always write to a company at their real address. There's case law but I don't have it to hand at the moment.

Actually in a way this helps, as the son's use of this address for correspondence doesn't in any way prove that he resides there.

It does in their legal system and doesn't under the lawful system and thats the contradiction and this is the reason you can nominate an address under legal.

by **assassin** Fri Jul 23, 2021 3:43 am

For a corporation things change as they are a dead entity so perhaps the cemetary is their service address?

An address is NOT proof anyone resides there and under the legal system (which they try to operate under) it means an address correspondence can be serviced.

For a corporation it becomes their REGISTERED address or the address the business is registered at as many companies use solicitors and other similar places as their registered office.

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