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Council Tax / Bailiff Question..


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Hello all thanks in advance to anyone reading this question! I'll try to explain this in a quick way:

 

Basically,

- About four years ago I lived in a flat (private landlord) with another guy

- I moved into a (private) house with my ladyfriend, don't know or care where my flatmate went (he was a little bit of an arse)

- The now council want around £1600 for outstanding council tax for that property

- They have referred me to rossendales debt collecters for the full amount

 

- I'm happy to set up an arrangement to pay my half, but I'm pretty annoyed that they expect me to pick the whole bill up when we (me and flatmate) we're both on the tenancy agreement. Is this lawful?

- Is it even lawful for the council to refer me to debt collecters when I've been telling them I'm happy to set up a payment arrangement (for my half) the whole time?

- Since they referred me to the bailiffs, I've been into the council tax payment office and made a small payment (I'm unemployed so more of a gesture than a significant amount). They accepted and gave me a recipt. Does the council have to start the referral process again, or is it still lawful for rossendales to enforce the original debt?

 

Thanks for your time

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- I'm happy to set up an arrangement to pay my half, but I'm pretty annoyed that they expect me to pick the whole bill up when we (me and flatmate) we're both on the tenancy agreement. Is this lawful?

 

Yes - as joint tenants you are both jointly liable for the full outstanding balance.

 

- Is it even lawful for the council to refer me to debt collecters when I've been telling them I'm happy to set up a payment arrangement (for my half) the whole time?

 

Yes - there's nothing in the legislation to say that they have to accept a payment arrangement and most authorities would not accept an arrangement on only 50% of the balance.

 

- Since they referred me to the bailiffs, I've been into the council tax payment office and made a small payment (I'm unemployed so more of a gesture than a significant amount). They accepted and gave me a recipt. Does the council have to start the referral process again, or is it still lawful for rossendales to enforce the original debt?

 

No they dont. They will reduce the balance accordingly with the bailiff but they dont have to withdraw it.

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As you are unemployed you may fall into the "vulnerable" category and Rottendales should hand the account back to the Council - it may be they can have an Attachment to Benefits whereby a small amount is paid every week before you get your money. To do this you will need to send proof of your circumstances to both Bailiffs and Council. Have a read of this:

http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

You may have to remind Rottendales they are signed up to these Standards - they are apt to forget. If you get any hassles click the little triangle and ask to be moved to the Bailiff Forum.

 

PT

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Thanks for taking the time to reply guys,

I just phoned the council and tried to make a repayment offer but they we're very stubborn about taking the debt back from rossendales. It's funny really because if you phone rossendales they tell you to speak to the council about the debt being taken back, but if you phone the council they tell you it's in rossendales hands.

I've sent an e-mail to rossendales stating that I'm unemployed and disabled requesting that they hand the debt back to the council.

I'd really like for rossendales to leave me alone, I don't even have anything worth taking other than a £50 accordion lol, but it still makes me quite uncomfortable. Is there anything else I can do to get them to go away so I can make an arrangement with the council? I've booked an appointment to go and speak with someone at the council tax office to insist that they take the debt back but I'm not totally sure how I'll plead my case yet..

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I've just tried again and the council are totally refusing any kind of repayment offer. Is it lawful for me to refuse to have anything to do with the bailiffs (bar the 2 small mandatory charges) and just keep going into the council and paying some money every week?

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Pay what you can online. At least that way it demonstrates that you are willing to try and pay the debt. Pity you don't know where youjr flat mate is otherwise they can start chasaing him also. I assume that the tenancy agreement had two signatures on it.

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Yeah it did, I understand the council should have a copy of that as well. I can find him on facebook and stuff but I haven't got an address or phone number for him. I can't pay online because I don't have a bank account let alone a card, but I'll keep going into the office every week and paying what I can find.

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I've just tried again and the council are totally refusing any kind of repayment offer. Is it lawful for me to refuse to have anything to do with the bailiffs (bar the 2 small mandatory charges) and just keep going into the council and paying some money every week?

 

In that case escalate this to a higher level. If you decide to complain to the Council address it to the Chief Executive and mark it "Formal Complaint". Also involve your local Councillor - it also seems the Council are forgetting that the Bailiff is their agent and as such they are 100% responsible for anything they do.

 

PT

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