Chief Executive & Strategic Director Of Resources Rob Walsh

www.nelincs.gov.uk

Mr Xxxx Yyyyy

XY Xxxxxxx Yyyyy

Grimsby

North East Lincolnshire

AB12 3XY 21st December 2015 Dear Mr Yyyyy RE: Council Tax Account - 55015xxxxx

Thank you for your correspondence received 17th December 2015 the content of which has been noted. Firstly may I apologise that you have not received an answer to your correspondence received 10th November 2015. On the 13th November 2015 a reply to your correspondence was ready to send to you. I enclose this letter for your perusal. Unfortunately I was taken ill and did not return to the office until the 14th December 2015. Due to this the letter enclosed was not posted and I apologise that you did not receive it. At this stage the Council has not taken your correspondence as a formal complaint for the following reasons: This first part of your complaint relates to the late reply to your correspondence which I have explained above.

Chief Executive & Strategic Director Of Resources Rob Walsh

www.nelincs.gov.uk

The second part of your complaint relates to the Council allegedly obtaining a fraudulent liability order against you. This part of your complaint does not fall within the scope of the Councils Corporate Complaints procedure as the Liability Order was granted by the Grimsby Magistrates Court at a hearing that you were present at. Once again I apologise for the lateness of the reply and if the above and enclosed is not satisfactory then the Council will commence with a Stage 1 complaint. However, it should be noted that the main aspects of your complaint cannot and will not be addressed through the Corporate Feedback Policy for the reasons above. I hope that the above clarifies matters for you. If you have any further queries regards the above then please do not hesitate to contact me on 01472 325790. Your sincerely Neil Smith

Debt Management Manager

Chief Executive & Strategic Director Of Resources Rob Walsh

www.nelincs.gov.uk

Mr Xxxx Yyyyy

XY Xxxxxxx Yyyyy

Grimsby

North East Lincolnshire

AB12 3XY 13th November 2015 Dear Mr Yyyyy RE: Council Tax Account - 55015xxxxx

Thank you for your correspondence received 10th November 2015 the content of which has been noted. You correctly note that at present the balance of your Council Tax Account is £302.00. You state the following in your correspondence; '£120.00 therefore does not relate to my current year's council tax liability. £60.00 of that sum relates to summons costs from November 2012 which are suspended pending a high court appeal; the remaining £60.00 relates to a sum which NELC obtained in an attached claim of costs in a fraudulent application for liability order. ' With regards to the above statement I can confirm the following: The £60.00 which you state relates to cost incurred in November 2012 has already been paid by you. This was made categorically clear to you at your Liability Hearing on the 30th October 2015. This means that the £60.00 amount is for your current years liability and is an amount outstanding that needs to be paid to clear your 2015 / 2016 liability.

Chief Executive & Strategic Director Of Resources Rob Walsh

www.nelincs.gov.uk

The further £60.00 was for cost incurred in obtaining the Liability order on the 30th October 2015 for non-payment of your current years Council Tax. Again this amount relates to your current years liability. Given the information above it would indicate that the full £302.00 relates to your 2015/2016 Council Tax Liability and the reasonable costs incurred in obtaining the Liability for the period of the 01st April 2015 to the 31st March 2016. You further state in your correspondence; 'I am writing to make it categorically clear that any payment I make on my account (whether that sum matches an instalment amount) my express election is for that payment to be allocated to the current year's liability. This applies also to future year's, unless there are express instructions (in writing) to the contrary.’ The previous explanation above details the amounts outstanding for your 2015/ 2016 liability and cost incurred. You express your election that you wish for your payments to be made to your current years liability. As outlined above there are two parts to your indebtedness to the Council. Firstly the Liability outstanding, it has been proved in Court and a liability order granted that you had not made payment to your Current years Council tax as per the statutory instalments and as per the explanation above, it can be clearly seen that your liability still outstanding for this year is £242.00. This would be the amount needed to clear the actual liability. Secondly, as per the explanation above £60.00 of the £302.00 is that of reasonable cost incurred in obtaining the liability order on the 30th October 2015. I note that you make your election that any payment made is put towards your current years liability.

Chief Executive & Strategic Director Of Resources Rob Walsh

www.nelincs.gov.uk

In answer to your election I can confirm the following, as there is only the 2015/ 2016 plus cost outstanding the allocation /appropriation of the 2 payments you highlight in your correspondence will be made according to your election. However as these payments will not clear the 2015 / 2016 liability including costs you may incur further costs if North East Lincolnshire Council wish to pursue further avenues to recover the outstanding amount due. With regards to next years and further years Council Tax payments it is your responsibility to pay as per the statutory instalments outlined on your bill. At this point there may be more than one liable period outstanding so you will have to make your election at the time of payment as per the case authorities relied upon in your Liability Hearing on the 30th October 2015. If you fail to do so then statutory notices will be served in accordance with the relevant Council Tax legislation. However I must advise that if you do contact the Council on receipt of the notice then we will be pleased to action any election you make at the time. I am aware at this point that you have been sent a Special Arrangement Letter (I have enclosed a copy for your perusal) outlining payments to be made to your outstanding liability and costs and hope that you find the arrangement an amicable solution to clearing your outstanding liability. If you require any further clarity regards the above then please do not hesitate to contact me on 01472 25790. Your sincerely

Neil Smith

Debt Management Manager