Hi peeps,

I have been reading this forum for a whie now but thought I had found all the info I needed until today. Today my housemate was somehow found guilty of Culpable Neglect despite not knowing anything about Council Tax.

I'll start at the beginning........ Two of us moved in to a property in 2005, we agreed between us that I would pay the bills including Council Tax and they would pay the rent as they both add up to a similar amount. We signed an agreement to this.

Shortly after I became ill and had to give up work due to several operations, The Council then paid 'some' of my rent and my share of the council Tax. I continued paying the bills from Income Support but at the time agreed with the council that as I had an arrangement with my housemate that the account would be put on hold.

3 years later in 2008, the Council wrote to my housemate asking for money or go to Court. They immediately offered £10 per week and made 1 payment. I then visited the Counci offices and explained the situation and produced our agreement. They were, at the time happy with this and placed the account on hold again.

Now, in 2010 without any notice they sent a summons to my housemate to appear at the Magistrates for a means enquiry. Today they appeared at the Magistrates and were found guilty of Culpable Neglect and received a suspended sentence.

At to time since 2008 has a Bailiff made any attempt to contact either of us, infact I have a record of all communication. Even prior to 2008 the Bailiffs only wrote to me which I foolishly ignored as I thought it was an error as it was supposed to have been paid for in Council Tax Benefit.

The Council already have an attachment to my benefits but argued that this was not enough to clear the debt.

I am really confused by this whole episode as my housemate has never had any dealings with this.

My point is how can my housemate be guilty of Culpable Neglect if they have not previously notified them and they have also agreed to the terms of them paying the rent and me paying the bills.

I should also say that we requested to speak to the Duty Solicitor but was informed it was a means enquiry and the Magistrate would not agree to this!!

Hope this makes sense, my head is spinning.

It sounds as though the two of you are jointly liable for the council tax, meaning the council can chase either one of you for all of the arrears, despite any personal arrangements you have with your housemate. So, because they can't get the full debt out of you they have gone after your housemate which, to my best knowledge, they have every right to do. If you have anything in writing from them stating they are willing to hold the account based on your and your housemate's arrangement then that may work in your favour, but ultimately I am not sure.

As far as the rest goes I'm afraid I don't really know, it sounds like a complicated situation which I hope you are able to solve

If the arrears are for a period when you are jointly liable then they can pursue either of you however they cant take two forms of action at anyone time with regards to the same liability order.

Hi peeps,

 

I have been reading this forum for a whie now but thought I had found all the info I needed until today. Today my housemate was somehow found guilty of Culpable Neglect despite not knowing anything about Council Tax.

 

I'll start at the beginning........ Two of us moved in to a property in 2005, we agreed between us that I would pay the bills including Council Tax and they would pay the rent as they both add up to a similar amount. We signed an agreement to this.

 

Shortly after I became ill and had to give up work due to several operations, The Council then paid 'some' of my rent and my share of the council Tax. I continued paying the bills from Income Support but at the time agreed with the council that as I had an arrangement with my housemate that the account would be put on hold.

 

3 years later in 2008, the Council wrote to my housemate asking for money or go to Court. They immediately offered £10 per week and made 1 payment. I then visited the Counci offices and explained the situation and produced our agreement. They were, at the time happy with this and placed the account on hold again.

 

Now, in 2010 without any notice they sent a summons to my housemate to appear at the Magistrates for a means enquiry. Today they appeared at the Magistrates and were found guilty of Culpable Neglect and received a suspended sentence.

 

At to time since 2008 has a Bailiff made any attempt to contact either of us, infact I have a record of all communication. Even prior to 2008 the Bailiffs only wrote to me which I foolishly ignored as I thought it was an error as it was supposed to have been paid for in Council Tax Benefit.

 

The Council already have an attachment to my benefits but argued that this was not enough to clear the debt.

 

I am really confused by this whole episode as my housemate has never had any dealings with this.

 

My point is how can my housemate be guilty of Culpable Neglect if they have not previously notified them and they have also agreed to the terms of them paying the rent and me paying the bills.

 

I should also say that we requested to speak to the Duty Solicitor but was informed it was a means enquiry and the Magistrate would not agree to this!!

 

Hope this makes sense, my head is spinning.

Hi, just a thought, this may be long resolved, but surely to be found guilty of Culpable Neglect one must have had the means to pay and have KNOWN one had to have paid it to have culpably neglected to do so?

JQ