Council Tax Arrears....

[mrvex]

Re: Council Tax Arrears....

Well exactly and the fact they are doing this making things more fishy. The problem is they probably wont as in their eyes I am responding to them and trying to fix the situation, so there is no need for the other tenant in their eyes.. I am SEVERALLY liable whether they find him or not..There is no incentive for them..unless I vanish, but that may mean a summons and I do not want that.

[wales01man]

Re: Council Tax Arrears....

CC is right start paying your half this stops any further action or costs against you and at the same time make the council aware of the whereabouts of the other you could check the regulations and get them to quote them in writing.

Everyone agrees that the regs are not that clear to us mere mortals but they must state their reasons why they are only chasing you.

[mrvex]

Re: Council Tax Arrears....

Okay will do. They already know of his whereabouts and they are choosing not to acknowledge this which worries me

[wales01man]

Re: Council Tax Arrears....

They are covering themselves and I would expect they would not tell you what steps they are taking to get the other half of the debt.

[mrvex]

Re: Council Tax Arrears....

They are covering themselves and I would expect they would not tell you what steps they are taking to get the other half of the debt.

If this is the case why would they ask me to pay for the whole balance...Which is what they want..

[Kati]

Re: Council Tax Arrears....

If this is the case why would they ask me to pay for the whole balance...Which is what they want..

The way I see it is that if they can get the whole balance from you, they will not have to chase the other person for any. Meaning less work for them :tinysmile_hmm_t2:. I agree with CC on this - you pay your half, and keep informing them of his whereabouts. At least you have proved a willingness to settle the debt.

I'm not saying it will work, however, but it's a start :tinysmile_grin_t:

[wales01man]

Re: Council Tax Arrears....

The whole balance is owed by you them or both of you the Council care not who pays start paying then try to sort it out if you do a DD you can if you wish cancel it after paying half then wait for them to do whatever they can be prepared for more actions or costs if the other person fails to pay.

[mrvex]

Re: Council Tax Arrears....

Okay, but if I tell them I am going to do that then they will go sour on me. At the moment they want 400+ per month based on the whole balance. I cant do that currently.

[wales01man]

Re: Council Tax Arrears....

You need to talk to them not paying is not an option They must consider your proposals cant get blood out of a stone.

[mrvex]

Re: Council Tax Arrears....

Ok thanks for your input walesman. If anyone could help with the councils obligation (laws,legislation) to find the second tenant I would appreciate that..

Thank you

[Guest]

Re: Council Tax Arrears....

What has happened here is that you have both avoided this debt for more than 3 years. It's hardly surprising that the council don't want to help you after all this time is it? you've blanked it for 3 years & now that its caught up with you, you're looking for damage limitation. Sorry to sound harsh but I'd guess you'd have had more chance of co-operation if you'd notified the council at the time you left.

What has happened since is that you've received a summons (delivered to your previous address) and you have had a LO issued against you. Bailiffs have been engaged, have visited your old address (at least twice) and have returned the debt back to the council who have now traced you.

As I explained previously, a local authority may address the tax bill (demand notice) to any individual, OR ALL jointly liable people residing at the property. In practice, they will want as many names on the bill as possible, to cover for situations such as this. Moving forward, an authority may then take recovery action against any or all persons named on the bill. It looks from what you are saying, like the other liable person is "invisible" as far as the system is concerned so you are the one who will be coughing up.

If it were me, I would write a letter to the CEO, outlining the position and asking him/her to try to ensure that efforts are made to pursue the other person, on moral grounds, if for no other reason. This letter should not be a formal complaint as you have no right to complain. You should then go on to advise that the recovery department are asking for a very unrealistic repayment plan of £400 per month, which you cannot afford. You will be writing to your local councillor for help in this matter and shall be enclosing a copy of this letter. The guidance to local councils on good practice in the collection of council tax arrears, published by the DCLG, states that councils should be sympathetic to those in genuine hardship. Go on to offer what you consider to be a realistic amount that you can afford to repay. Advise that you will be paying this on the 25/8/14, as per the instructions in the latest letter.

Then write a letter to your local councillor, advising how you have been lumbered with this bill in its entirety. Inform him/her how you have given the council full details of where the other person is residing, how you are convinced that a LO has also been issued against him and how the council do not seem interested in pursuing this person for his share of the debt. Then go on to advise him/her how the council are demanding totally unrealistic repayment plans of £400 per month, with the threat of prison and further costs if you do not agree. Advise how you have written to the CEO for help (copy of letter enclosed) and that you now ask the councillor for help in resolving this matter.

As Wales #1 mentioned, you can also pursue the other person privately in the small claims court for his half of the debt as well. You can start by writing a formal letter to him, advising how you have been contacted by the council (which he will no doubt ignore) you can then continue up to a letter before action & then a claim against him. That's if you want to of course. You can do this yourself & do not need to pay solicitors to draft letters etc.

[mrvex]

Re: Council Tax Arrears....

Ok, so this is STILL going on as I have been paying 25-40 pounds per month on this old address (as I am currently paying full CT at my current address) the council have now passed this to equita demanding payment and threatening to visit my premises and take my goods. As they were demanding more and I couldnt afford it, they also sent me a letter saying to fill out an expense form and to fill it out in at my own convenience (no deadline mentioned). I wrote to the council asking why this had been passed over and there has been no response. I also payed another £25 towards the balance through London Borough Barnet website which is how I have been making my normal payments.

I might pay the balance remaining and then persue the other person at a small claims court but I do not have his home address, only his family business address...Will that suffice?

Thanks everyone...This is a nightmare for me and can only see that I will have to fit the entire bill.

HELP

[seduraed]

Re: Council Tax Arrears....

Is the family business a Ltd Company . If so the company has to publish the home addresses of directors . You may be able to find him via that route especially if he has gone back to his parents .

[mrvex]

Re: Council Tax Arrears....

I see,

Didnt know that. And yes it is a ltd company. i have already confirmed he is at the business address..

[Debt Camel]

Re: Council Tax Arrears....

I might pay the balance remaining

good move. This debt isn't going to go away and can only get bigger if bailiffs are involved. Annoying though it is, you are legally liable for the full amount.

and then persue the other person at a small claims court but I do not have his home address, only his family business address...Will that suffice?

Do you think he has any money? Any assets? If not, you are wasting your time and money if you sue him. Even if he does have assets you may get a CCJ and he may choose to ignore it