Council Tax - Any advice

Allyxia · 6th September 2006, 19:01

Basically me and my ex split up in 1997, whereby I moved out after staying with my parents temperory I move in to my new partners (now husband) house (with his parents). ( not that it matters but my ex was quiet voilent and I had to keep moving), So technically I had no fixed abode.

As my partner had run up mortage arrears on my old property the mortage company would not allow the transfer of deeds to get my neame off the the house. (iHave onlyjust recovered my credit worthiness after all this time)

Finally in 2001, me and my husband cleared the mortgage arrears and I transferred the deeds into my sole name whereby I quickly sold the house (like I want to live there with my husband).

Anway about a month ago the Council started to chase me for the council tax for the last 2 years because "they have been able to locate me" and "joint liabilty". I have given them all the info regarding where my ex is now living and working and basically its a case of now we have found you Tuff Luck.

Before you ask no I dont have any evdience of where I was living coz I dont keep records going that far back (curse me and my shredder) and basically I just kept moving around, thou I did send them a copy of solictors letter re transfer of deeds.

The thing is I currently have no income of my own, so technically can my husband be made to pay for a debt with I am jointly liable for with someone else and was defaulted before we got together as husband and wife and had no finacial assocation. I think what Im asking is can my husband be made to pay this debt.

I can assure you that understandably my hubby has no interest in paying my ex 's debts!!!

Any help would be mega appreciated as this council is hounded me to my hospital bed (Ive just had a baby).

buzby · 6th September 2006, 21:04

Congrat's on the baby! As I see it, the Council are being more than unsympathetic, as many will not pursue those who have baled out of abusive relationships. Each Council have their own policies, however, you cannot be jointly and severally liable if you assert you left the former family home. Additionally, many council's give a 50% discount if the house has only 1 occupant, so if your ex lived there in your absence, those past years could well be rebated. I think a visit to your local council-funded CAB is called for to explain the situation, you might be pleasantly surprised!

Rich44 · 6th September 2006, 23:05

25% discount for single occupancy

blacksheep1979 · 7th September 2006, 11:51

did you register your bank at any of the other addresses during that time or mobile phone or anything? - these companies may have kept a record of it.

Allyxia · 7th September 2006, 23:30

to be honest with you no i didnt. it was the last thing on my mind. This guy I was with, nearly cost me my job because he hounded me so much.

I was in so much debt as well I thought by re registering with bank etc would do me no favours. most of my letters kept going to my house whereby my mum picked them up.

Cant belive I was this person.

the trouble is in reflection I dont believe this myself - so dont expect council to really.

I mean lets face it it just sounds like a mega cop out excuse. However, I Know it happenedand paying the council tax was last thing that crossed my mind and cant belive that after 5 years its come to bite me on my arse esp as ive just got rid of the last CCJ I had with that guy.

Oh well - in one hand out the other I suppose

callumsgran · 7th September 2006, 23:49

Write and tell them the amount and liability is in dispute, it may give you a little breathing space and that may take you over the 6 yr limit for chasing a debt! surely if they are after the last 2 yrs that would take it back to 1999-2001 yes? well you wouldn't be liable for 1999-2000 anyway as its over the limit!

tim2718281 · 9th September 2006, 01:28

Quote:

Originally Posted by alyxsavage

Anway about a month ago the Council started to chase me for the council tax for the last 2 years because "they have been able to locate me" and "joint liabilty". I have given them all the info regarding where my ex is now living and working and basically its a case of now we have found you Tuff Luck.

Was there anyone living in the house for the period they want the tax for?

If so, the occupants may be liable for the council tax.

See

Council tax

Tim

tim2718281 · 9th September 2006, 01:32

Quote:

Originally Posted by okonski

however, you cannot be jointly and severally liable if you assert you left the former family home.

If her ex also left it, and the property was then rented out to multiple tenants, then I think the joint owners would be jointly liable for the council tax.

Tim

Allyxia · 9th September 2006, 13:04

nah my ex stayed in the property, until he trashed it just as the transfer of deeds went through.

But they dont care about that. its a case of becasue im on the land resgistery docs and deeds they found me and now they got me.

Its a bloody mess I tell you. My husband wrote to them to say Ive just had a baby and am not very well ( I fractured my pelvis - long story different thread Ha Ha), they said they dont care and I must start paying £50 per month. The trouble is my Maternity pay has just run out and Im on reduced sick pay, with an extra mouth to feed, and quiet rightly my husband said he aint paying for my ex liability.

tim2718281 · 9th September 2006, 14:21

I am not a lawyer, but my reading of the rules on Council Tax is that there is no joint liability, your ex is liable and you are not. The fact you are on the deeds and Land Registry is not relevant.

So I think your Council has got it wrong. The rules explicitly state it is the occupiers, not the owners, who are liable for Council Tax, except in particular circumstances (which do not apply to your case.)

I suggest you go and see the CAB and ask for help. Tell them you think you are not liable, because your ex was living in the property for the time in question, and you were not; and tell them you are prepared if necessary to say that under oath in court. The CAB should be able to talk to the Council about it.

Tim

Allyxia · 9th September 2006, 15:48

thanks. Got a couple of N1 to fill on mon and tues so will fight this battel after that.

Money in one hand first and all that

buzz · 9th September 2006, 16:57

Quote:

Originally Posted by cillitbanger

Write and tell them the amount and liability is in dispute, it may give you a little breathing space and that may take you over the 6 yr limit for chasing a debt! surely if they are after the last 2 yrs that would take it back to 1999-2001 yes? well you wouldn't be liable for 1999-2000 anyway as its over the limit!

I had a similar problem to this with my council tax.

I was also advised that council tax is exempt from the six year rule as it is a government department and that they can still chase you for it even twenty years down the line.
A lot of their debtors are traced via their national insurance number to their address or place of work for an attachment of earnings.
Thats how they traced me.

Buzz

buzby · 9th September 2006, 17:25

Quote:

Originally Posted by tim2718281

I am not a lawyer, but my reading of the rules on Council Tax is that there is no joint liability, your ex is liable and you are not. The fact you are on the deeds and Land Registry is not relevant.

Tim, I beg to differ, at least in Scotland, a couple that co-habit, common law or are married are deemed to be responsible as an either/or debtor, allowing them to pursue one or both (usually both, as it gives them 2 bites of the cherry).

Scotland had the Community Charge (Poll Tax) first which introduced personal liability. When this was replaced by Council Tax, it reverted to the old Rates system, however individual accountability remained. The pecking order was then based on firstly the occupants, then if they were not available, the debt fell on the property owner.

Allyxia · 9th September 2006, 18:02

Wat peeves me is I have given them my ex details (well as far as I know we split up 9 years ago and had our final leagl contact 6 years ago) but they making no effort to go after him.

Do they have a responsibility to at least in the first instance pursue the other party esp as I am disputing my liability?

tim2718281 · 9th September 2006, 18:02

As far as I can tell, they were not married and were not cohabiting ... they had ceased to live together four years before the years for which the Council is claiming the tax.

As for the pecking order: I thought that was to determine who was liable. I thought the first person in the pecking order is liable, and others later in the pecking order are not liable, regardless of whether the first person pays.

Tim

tim2718281 · 9th September 2006, 18:09

Quote:

Originally Posted by alyxsavage

Wat peeves me is I have given them my ex details (well as far as I know we split up 9 years ago and had our final leagl contact 6 years ago) but they making no effort to go after him.

Do they have a responsibility to at least in the first instance pursue the other party esp as I am disputing my liability?

Can I ask which councilk it is?

Most of them have web sites explaining Council tax hierarchy.

Tim

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