Council Tax Arrears - partner's debt (where do I stand?)

[ths01]

My partner has Council Tax arrears from a previous address. I am prepared to help form a payment plan, and discuss this with the council (another council, not my council). I have recently contacted them and await a response.

She has lived with me since 2014, I remain completely up to date with Council Tax for any property I have lived in.

The property we live in together was purchased in my name. She moved in with me after the purchase. Could bailiffs have any claim to any possessions? As it is my house, purchased in my name, by myself only, all goods were purchased by myself when I moved in or before (or since where replacements have been necessary).

As we now live together, is any liability placed against me for any council tax arrears run up prior to us living together?

Thanks in advance for your help.

[ths01]

Re: Council Tax Arrears - partner's debt (where do I stand?)

Sorry to bump. Does anyone have any advice with regards to this?

Thanks.

[ploddertom]

Re: Council Tax Arrears - partner's debt (where do I stand?)

If the debt is from a time before you were together then she is solely responsible for it - unless sshe cohabited with another in which case they would be jointly & severally liable. Therefore your own effects should be safe but if push comes to shove you may have to prove that if it goes to Bailiffs and they gain entry. Best bet is to swear a Statutory Declaration over ownership - should only cost £10 or so at a Solicitor.

To speak to the Council you will need her permission to do so. Depending on the sum outstanding it should be feasible to set up an affordable payment schedule.

[Snoopy1948]

Re: Council Tax Arrears - partner's debt (where do I stand?)

What is acceptable here depends on the council concerned and how proactive they are to see reason.

If the bailiffs call, whether they are council enforcement agents or outside certificated enforcement agents ( their correct title nowadays ) they cannot remove anything that belongs to you although they will be forceful in insisting that its your job to prove it ( we have seen this on TV so much lately ). The best thing is simply to refuse them lawful access and keep all doors locked. However, if you partner owns a car and that is accessible, that can be a target unless you park it away from the property so that it cannot be identified.

I worked as an enforcement officer for a local authority for 23 years and recovered anything from council tax, business rates, housing benefit overpayments and even unpaid cess pit accounts. I and my authority were entirely reasonable in making an arrangement to pay. I was always prepared to accept funds being paid by another ( i.e. partner, parent etc ) as that was a win for the council without further complication. You don't say how much is owing as there is a big difference in attitude to a few hundred and a few thousand.

You say that you have recently contacted the council concerned and awaiting a response. Did you make a firm monthly offer? Under the new regs that came in April 2014 ( when I retired ) the council has an obligation to minimise costs to the debtor and you should be given every opportunity to fix and agree an arrangement prior to outside officer action being commenced. It's therefore important that you phone the council to chase up your position here. Visiting the council concerned may help but there seems to be a policy of not inviting the public to come in and discuss nowadays, although councils will vary in this.

[ths01]

Re: Council Tax Arrears - partner's debt (where do I stand?)

Ploddertom, thanks for your answer. I'll be sure to have some documentation handy in case bailiffs come knocking.

[ths01]

Re: Council Tax Arrears - partner's debt (where do I stand?)

Snoopy - thanks for your in depth answer.

I'm not aware of the sum, only there are arrears. Having gone through some debt letters, I believe there could be up to £3,000 outstanding. Not the few hundred I had hoped,.

Unfortunately due to health issues she isn't in a position to pay this off quickly. I've also drained my savings recently due to an ill pet and an insurance company unwilling to pay out (we're at the Ombudsman stage with that one...), but I digress.

This morning I sent a letter to the Council's tax recovery agency as I'm yet to hear back on my initial email. I have explained the circumstances, referenced the email, and made a small offer of £5 per week (I run a house, pay all of the bills at present, etc. and it isn't my debt) whilst my girlfriend is not bringing in an income. I have asked them to arrange a meeting for us both, and to provide us with full details of arrears.

My girlfriend has had issues with other debts in the past and is being helped with these by Christian's Against Poverty. I will be having a chat with CAP as this is a priority debt. Hopefully having them on side will show attempts are being made to make this right.

[Snoopy1948]

Re: Council Tax Arrears - partner's debt (where do I stand?)

Hi ths01 and thanks for the additional information ...

I empathise with your position and have met so many people in similar positions. The fact does remain that some councils are approachable and some are not, when it comes to negotiation. I was always the face of reason and would agree an arrangement based on what was realistic and reasonable but alas not everyone is like me. If the debt is around £3000, it is indeed substantial and will require a thorough presentation of your partner's status ( i.e. income and expenditure/other debts ). But I would also try and investigate if the charge is correct, i.e. dates of occupation, whether an single person discounts had applied, whether the council tax support ( benefit ) was applied and correct. However, I understand that is easier said than done ( I even had trouble and I had direct access to all departments ). I agree, a visit to the CAB done asap may help and get them to prepare the income/expenditure statements for you. Remember your income can be ignored if you are not named on the debt and any offer you personally make will be made in good faith. IF your partner receives some welfare benefit, it may be possible to request that deductions are made from that to service the debt so you will need that information to hand. Good luck with this one!