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Couples liability.

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  • Couples liability.

    Hello, why do the council bill us as a couple but summons us to court as seperate people. Same account /ref number.

    confused. Thank you. SH75
    Tags: None

  • #2
    It's just down to the way different parts of legislation work - a demand notice can be issued in multiple names whereas they are required to make a magistrates' court complaint for non-payment in each individual name. A court summons is then issued in respect of each name on the complaint. It doesn't alter the fact that a party is jointly liable.


    • #3
      So can they charge court costs to both aswell?


      • #4
        Originally posted by Stresshead75 View Post
        So can they charge court costs to both aswell?
        Each summons application will have costs, unless the council waive their application.


        • #5
          They found us liable anyway because we were a week late with payments, Held a hearing and found us liable for the year. Perpetual debt.

          Have to go to council to get this sorted. Thank you for your help. SH75


          • #6
            Unless there is a technical defence then it's almost impossible to defend against the liability order application. I've managed to prevent a few orders on the grounds of technical issues but it's a rare outcome.

            Apart from the court costs which have been added so far the council tax charge will still be the same. Are you able to come to a payment arrangement to clear by 31 March?


            • #7
              I will have to dig out the paperwork and get back to you, Thank you for your time. SH75


              • #8
                You must have been late paying on more than 1 occasion for it to have gone this far? Just make sure you avoid it being sent for enforcement.


                • #9
                  Late payment on one occasion can still result in a summons if the instalment was not paid within 7 days of the reminder being issued.


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