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I've searched through this forum to try and find a query similar to mine but haven't, so sorry if this is a repost.
I lived in a shared house from 7th August '08 - 7th March '09. I paid my share of the council tax on time, and have bank statements etc to prove this.
I received a court summons this morning as the other two girls that I lived with hadn't paid their share.
I spoke to the council thinking it would be easy to iron out, however they informed me that I am equally liable for the debt despite being able to prove my payments.
They told me that I should pay the full debt to avoid a liability order against me, and then try and recover it myself from the other girls. I can't afford to do this before the hearing date and also seriously doubt that the other two girls will pay. They told me that if I go to the hearing and try to disupte it it won't work, as the debt is still on the property.
I'd be very grateful for any advice, been in tears to the poor woman at the council! Are there any other options open to me? How do I avoid being penalised for something that really isn't my debt?
The council are correct, council tax debts work on the basis of joint liability, each person named as liable is responsible for 100% of the balance due therefore the council can pursue any of liable persons for the amount due.
I would enter a defence to the claim stating the evidence that you have padi - whilst you are all liable at least if you defend the court won't automatically assume guilt on your part - they will if you ignore the summons.
A Liability Order hearing is only to determine that you are the correctly liable person - which you are - the magistrate cannot make any other judgement based on the information he received - he has no lee way to refuse a liability order on the basis you have paid part of the balance.