Girlfriend's Council Tax Liability Order (am I liable???)

[ths01]

My girlfriend has a liability order against her from local council for several addresses. This totals approximately £3,500. It is being pursued by Rossendales.

She has lived with me since 2014.
All Council Tax arrears are in her name and from before we lived together.
My council tax is up to date and completely unrelated to her arrears.
We don't have joint accounts, she isn't on the deeds to my property and I cover all other bills.
Rossendales contacted her in early November - we went back confirming her income & expenditure.
Today we contacted the Council Tax Advice charity. They advised the 'household' income should be assessed before an offer of installments is made not just hers.
My girlfriend is currently out of work and suffers with bipolar.
Her income is very small and she currently doesn't receive personal independence payments.

Is this correct?
I thought you couldn't be penalised for someone elses debt, so why should my income be assessed?
Where would I stand if bailiffs come - are my assets at risk including my car?

The Council Tax Advisers charity will call back on Monday 28th November.

Thanks,
THS

[lgfa92]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

You are not liable for any Council Tax arrears that are not in your name - even if you were living together at the time then you would have been jointly liable (although you would need summonsed and a liability order taken against you to enforce against yourself).

If she is living with you now then she is jointly liable for the Council Tax charge and should be listed as such - section 9 of the local government finance act 1992 covers joint liability of a partner or spouse (the fact she is not a joint owner / joint tenant does not affect this determination)

Any payment arrangement is made solely at the local authority/enforcement agents discretion so it is reasonable that they consider the whole financial situation fully before they make any arrangement. The enforcement agent cannot touch any goods which are solely yours.

Craig

[ths01]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

You are not liable for any Council Tax arrears that are not in your name - even if you were living together at the time then you would have been jointly liable (although you would need summonsed and a liability order taken against you to enforce against yourself).

If she is living with you now then she is jointly liable for the Council Tax charge and should be listed as such - section 9 of the local government finance act 1992 covers joint liability of a partner or spouse (the fact she is not a joint owner / joint tenant does not affect this determination)

Any payment arrangement is made solely at the local authority/enforcement agents discretion so it is reasonable that they consider the whole financial situation fully before they make any arrangement. The enforcement agent cannot touch any goods which are solely yours.

Craig

Thanks Craig.

Am I reading this correctly then in that although the debt was accrued by my girlfriend, I am not liable for it, and finances are quite separate, I will be penalised as my income and expenditure will be assessed too. I.e. As a household my cash will now be eaten into.

Don't get me wrong, I'm open to helping, but I already cover all bills etc. I fear they will want to eat quite heavily into my cash, thus I would be penalised beyond what I am willing to be despite not being liable.

Thanks,
THS.

[lgfa92]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

You are not liable for the council tax charge unless you were living with her at that time and you were also summonsed for the debt.

Craig

[ths01]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

Thanks Craig.

Why would they need to see my income + expenditure? Do you (or anyone) know if this is the norm?

If the details she sends are 'household', 99% of that is earned by myself who isn't liable. There will be 'disposable' income on that income + expenditure document.

Our finances are quire separate so I don't believe I should have to declare when I'm not liable and therefore be penalised. Could they lay claim to some of my limited disposable income despite me not being liable?

Thanks,
THS

[ths01]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

A couple additional questions:

Rossendales have applied a £75 fee for a number of accounts. I have read they "CANNOT apply the £75 fee. re Sections 4(3) and 4(4) of The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014." Is this true? All arrears are pre 2014.

Some 'accounts' just say various addresses. I take it Rossendales must provide the correct address, account and details of all fees?

Thanks again,
THS

[ploddertom]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

She should get on to the Council and ask:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

As for what Rossendales are charging then the chances are they are correct but we can tackle that at a later time. It is more important to find details from the Council first.

[lgfa92]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

A couple additional questions:

Rossendales have applied a £75 fee for a number of accounts. I have read they "CANNOT apply the £75 fee. re Sections 4(3) and 4(4) of The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014." Is this true? All arrears are pre 2014.

Some 'accounts' just say various addresses. I take it Rossendales must provide the correct address, account and details of all fees?

Thanks again,
THS

Section 4(3) of the transitional regs covered cases where a bailiff was already being used and the live case fell over the April when the changes were being made. It wouldn't apply simply because the liability order pre-dates 2014.

Rossendales' enforcement agents have limited information ( I used to use their IT system regularly) so they may honestly not have specific information if you ask for it. The local authority will have the information and so are best placed to answer specific questions.

Craig

[Debt Camel]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

Does she have any other debts? Because given her health and lack of employment, a Debt Relief Order may be a suitable way forwards for her, see http://debtcamel.co.uk/debt-options/dro/.

[ths01]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

Does she have any other debts? Because given her health and lack of employment, a Debt Relief Order may be a suitable way forwards for her, see http://debtcamel.co.uk/debt-options/dro/.

Hi DC. Yes to all.

We'll be visiting the Council & Citizens Advice regarding this. I'll update the forum once this moves forward. I'll also let you know what Council Tax Advisers say next. As noted, I don't believe my income+expenditure should come into, but I will try to help further than I already am financially (within a reasonable limit) should repayments be the way forward.

Thanks,
THS

[Debt Camel]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

OK, well if a DRO is a good way forward (and it may well be) then I would just regard any arrangement reached with the bailiffs via CTA as temporary for the few weeks until a DRO is organised. It's not really worth stressing too much about this, as you will probably only be making 1 of these payments...

[ths01]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

A quick update.

Problems with mental health and a suicide attempt during 2016 was cited to Rossendales. At present they have asked for a medical letter (we're collecting that on Friday 20th January) and evidence of income. I will refuse to provide details of my income as this is not my debt and therefore I should not be liable. My girlfriend and my finances remain separate in every way.

She have offered £80 per month, which is £40 from my girlfriend's limited income and a £40 contribution from me, with a view to increasing this once her income increases.

Thanks

[Debt Camel]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

I repeat my suggestion that she should consider a debt relief order. This is just one debt - she has others...

[Milo]

Re: Girlfriend's Council Tax Liability Order (am I liable???)

A quick update.

Problems with mental health and a suicide attempt during 2016 was cited to Rossendales. At present they have asked for a medical letter (we're collecting that on Friday 20th January) and evidence of income. I will refuse to provide details of my income as this is not my debt and therefore I should not be liable. My girlfriend and my finances remain separate in every way.

She have offered £80 per month, which is £40 from my girlfriend's limited income and a £40 contribution from me, with a view to increasing this once her income increases.

Thanks

You said in your earlier post that Council Tax Advisors were assisting your partner. Have they not been able to get a suitable payment arrangement in place?