Council Tax Arrears....

[mrvex]

Hi All,

I lived in a property for a year and I found out that the property did not have any planning permission. Anyway I was young and the guy I was living with said he is not going to pay his council tax which left me in an awkward position.

Today I received an email from the council requesting full payment of £1800, this is for the account for which I and him were liable for (his name is also on the bill).

"Dear XXXX

Please note that liability orders have already been granted by the courts in respect of your arrears. As this is the case, legislation allows the Council wider powers of collection.

As liability orders have already been granted by Hendon Magistrates Court in respect of your arrears I must advise you that the Council intends to apply to the Courts for your committal to prison. This means that once your case has been listed, should you fail to appear before the Court a warrant will be issued for your arrest. Please note that any outstanding warrants will remain on both the Police and Court systems until the matter is resolved.

In the circumstances I suggest that you settle the outstanding balance in the next 14 days. Payment options are listed on the Barnet Council website. Please ensure that you quote council tax account number XXXXX when making your payment.

I trust that the above has clarified matters regarding your council tax account and look forward to your prompt payment.."

I called into the council and told them the situation, they are unable to locate the other tenant and therefore this balance all lands on me now. I have handed some details over to the council to try and locate him for the other half of the bill.

I am really worried that I am going to be left having to lose all.. I have told the council I am unable to pay this balance in the next 14 days as I am not in the financial position to do so. I am still awaiting their reply but I am VERY skeptical with councils and I am almost certain they will come back saying there are no other options but court.

Any advice would make my life easier....

Thanks in advance.

[Guest]

Re: Council Tax Arrears....

First of all, do not worry too much about threats of imprisonment. This is reserved for a very, very tiny minority of rare and extreme cases where a debtor stubbornly refuses to pay.

You could technically offer to pay £1 a week and the council would be then powerless to apply for your committal to prison as you would not be refusing.

I am guessing that this debt is from a long time ago and that bailiffs have been (unsuccessfully) engaged and the debt has subsequently been returned to the council.

You need to think about what you can realistically afford to pay regularly towards this debt. The council have the power to impose an attachment of earnings order to your wages whereby a significant amount would be deducted by your employer and paid directly to the council. Unfortunately, you have gambled and lost in avoiding this debt and the other tenant has gambled and won. You are liable for the whole lot.

You should write to the council offering to pay an affordable amount each week/month towards this debt. Advise the council that as you are now offering to pay, imprisonment is not an option. As such the council would be wasting taxpayers money in applying for a warrant of arrest, and/or a warrant of commitment. Furthermore, should you be imprisoned, the debt will remain unpaid which would be to the detriment of both the council and the taxpayer.

As you were jointly liable, there is nothing to stop the council only seeking half of the debt from yourself, you could ask the council to credit half of the arrears under Section 13A of the Local Government Finance Act, given the financial burden this debt is placing you under. It is doubtful whether the council will agree to this but it returns the serve of the threat of imprisonment nicely.

Ask the council to write, confirming your proposal and when payments should commence. In addition, you require the dates of all LO's issued against you, the amounts of these LO's, the amounts outstanding on each and the address that each is connected with. When you get this information, check it all adds up. If there are any bailiff fees added, we'll challenge them.

[mrvex]

Re: Council Tax Arrears....

The Starving Taxpayer,

Thank you for your response which is noted. I agree, However, whilst on the phone to the council they mentioned I could hand over the details of the other tenant and if located I should only pay half. I have confirmed the location of the other tenant is still at the same address.

Surely that is well within reach? They should take the same effort that they have with him surely as he is just a liable as me. I am worried the council are going to reject my offer of monthly payments and request ALL upfront leaving me with no option? Can they do that?

Thanks

[Guest]

Re: Council Tax Arrears....

If you haven't got half, they can't make you pay it in 1 go up front can they? As I said, the worst that can happen is they will apply an AOE to your wages (they can't do this if you're self-employed though). See what they come back with & post on here if theres a problem, although I don't envisage there will be.

More confusing is this other person. If he is still at the same address then the arrears for previous years will have flagged up straight away, he can't still not be paying tax surely? How long ago are we talking about for your debt? The council are legally entitled to pursue any or all persons named on the bill, technically, they can still go after you for the lot if it looks like you are going to be a softer target. You need to push the council to ensure they go after the other person, remember, all they want is their money & they don't care where it comes from.

[mrvex]

Re: Council Tax Arrears....

I know, I just dont want to be paying for the other person! Will do.

He is not at the same address, I have located him elsewhere where he spends a lot of his time, the debt is about 3 years old. My old landlord didn't tell the council I had moved so told the council and they took off the 5k that I didn't owe as I was no longer at the property.

The problem is he didn't register himself there at that address on his credit file/bank or anything so the only person they can trace is me as I registered everything there. (valuable lesson learnt there).

I will definitely make sure of that but I cannot prove they are and they may just lie and come back to me because they will know I will pay. To stop further action I have just put a small payment in...This should help my case.

[mrvex]

Re: Council Tax Arrears....

An update here:

They are completely ignoring the information I have provided about the other tenant to track him down, haven't even mentioned it......


Dear Mr XXX

Thank you for your reply dated Xth August 2014.

I write to advise you that I am prepared to put a temporary hold on your account providing that that the debt of £1XX7.38 is repaid in the next 4 months. Please note that by completing the payment arrangement below that you will also avoid further court and local authority costs of £305.00.

The summonsed payment arrangement set up on your account is as follows:

£4X5.3X due on 25/08/14
£4XX.00 due on the 25th of each month September 2014 to November 2014 inclusive

Payment can be made using the options listed on the Barnet Council website or by contacting the council tax office to set up a direct debit on 0208 359 2608. Please quote council tax reference number XXXX with all payments.

Yours sincerely

[wales01man]

Re: Council Tax Arrears....

If they can chase you for the debt and are doing so why would they waste effort chasing someone else on your say so ?
If legally you are liable you should pay then pursue the other person yourself for their share Bailiffs and Councils will aleays take the easy option

[mrvex]

Re: Council Tax Arrears....

Sure,

But I called in, they mentioned I could provide the collections team with his address and they would enforce, I thought they were obliged to do so. I am alarmed.

[wales01man]

Re: Council Tax Arrears....

You will have to find out if they are obliged as you say

[mrvex]

Re: Council Tax Arrears....

Maybe some of the big guns can chime in shortly..

[wales01man]

Re: Council Tax Arrears....

There are Council tax collection rules/laws take a look from what I read they can chase both of you or just you for payment .
From a small gun LOL

[mrvex]

Re: Council Tax Arrears....

Sorry didn't mean to be patronising, but I have heard there are some extremely knowledgeable people/CAB employee's around..

[Crazy council]

Re: Council Tax Arrears....

There are Council tax collection rules/laws take a look from what I read they can chase both of you or just you for payment .
From a small gun LOL

lol, size does not matter ( that what i have been telling myself ). Its the accuracy. and as usual, walesman in 100% on this.

And if walesman is a small gun, am a bow and arrow...

But I called in, they mentioned I could provide the collections team with his address and they would enforce, I thought they were obliged to do so. I am alarmed.

Although this may seem a harsh statment from the council, if they was not as strick on this, everyone would be claiming someone else lived there and try only pay half. Start paying your half and send them an emil ither giving his forwarding address or declaring that you dont know it. give them the date s he left

[mrvex]

Re: Council Tax Arrears....

lol, size does not matter ( that what i have been telling myself ). Its the accuracy. and as usual, walesman in 100% on this.

And if walesman is a small gun, am a bow and arrow...



Although this may seem a harsh statment from the council, if they was not as strick on this, everyone would be claiming someone else lived there and try only pay half. Start paying your half and send them an emil ither giving his forwarding address or declaring that you dont know it. give them the date s he left

I am not claiming. His name is on the council tax bill as well as mine....Apologies walesman..How I get the council to do this and ensure it is happening is another matter

[Crazy council]

Re: Council Tax Arrears....

Hi

dont worry, everyone on here understands how council tax depts can make things confusing. If they would just word there letters correctly explaining everything people would not get confused. I only chipped in because of one particular angle that am dealing with at the mo. Council Tax dept have to make reasonable endeavours to make sure there charging the correct person, the correct amount.

What that term meens is law is up for debate at the mo, buit for your case. As i said, start paying your half, write a formal email, iether giving his new address and date he left, or declare you do not know were he has moved to.