Hi, Wonder if anyone has any advice on this rather annoying situation. I've been made liable (apparently) for council tax debts relating to a property I lived in over 5 years ago. This would be fine apart from the fact the property was shared between 5 people and I was claiming council tax benefit while I lived there (to complicate matters). Somehow my name was left on the bill (I thought the bill had been paid when I moved out and didn't realise it was in my name) and bills were being sent to the old address which I never received. Eventually baliffs were brought in, found my new address and sent me letters relating to the old address. I spoke to the council and explained but they weren't much help but suggested I wrote to them and obtained tenancy contracts etc. Luckily I managed to get hold of the contracts from the estate agents we rented from and I sent them to the council explaining the situation (it was one contract for the whole house). They still weren't much help and said they wanted forwarding addresses. I only have the address of one person I shared with so I sent them that but they are still sending me bills in my name! Now it's got to a magistrate's letter. What should I do? Can I defend myself in court and get it thrown out? Should I contact the council before the court appearance and try (yet again) to get them to do the right thing? I can't afford to pay other people's debts and refuse to do so on principle. If anyone has any advice about what to do or what legal position I'm in I'd be extremely grateful. Very angry with Bham City Council over this, outrageous behaviour! Thanks.

Sorry about the mass of text. I used paragraphs but the site won't show them for some reason

Unfortunately the Council can go after anyone who lived there and who may have been liable to pay. The only decision that is made is whether or not CT was due to be paid -it's a simple yes or no answer. The fact others are involved does not come into it and yes they can make you pay the whole lot.

PT

Unfortunately the Council can go after anyone who lived there and who may have been liable to pay. The only decision that is made is whether or not CT was due to be paid -it's a simple yes or no answer. The fact others are involved does not come into it and yes they can make you pay the whole lot.

 

PT

That's outrageous! Is there anything I can do? The bill is about £700, no way I can pay that nor will I (I'm happy to pay my share of it). Would it be worth me turning up at court to make my case? Thanks again for advice.

I was claiming council tax benefit while I lived there (ask the council for a copy any letters sent to you regarding this benefit

ask by phone e-mail and recorded delivery letter

wouldn't it be classed as a HMO if 5 people lived there

do you if your council administrate there own council tax or do they outsource it to an agency

I know you can go to court but as plodder says the money is owing and i don't think the judge looks at anything else (could be wrong)

but you do not owe this debt so personally if it was me i would try and gather up as much info as you can in short space of time you have and go to court and when the judge asks if you owe this debt you can honestly say NO

Very strange. Just rang the council again and I've said the summons has been withdrawn and my name has been taken off the bill? Couldn't get a clear answer as to why but it might be because I was claiming council tax benefit for the whole period. They've put the other peoples' names on the bill but I don't know if they've got forwarding addresses etc (they were not clear on that). I asked if I'd get more bills to my address and they said no. Very odd, should be pleased but given how muddled this all is I wouldn't be surprised if I got another summons again. Also confused as to why they haven't sent a letter telling me the summons has been withdrawn. What a mess. Any advice about what I should do? Nothing? Or ask for some written confirmation etc?

^ Not if they all were on the same contract. If it were a HMO then all the tenants would have seperate tenancy agreements and it would be the landlord who is paying the CT, not the tenant IIRC.

Sciarrino - Unfortunately there isn't anything you can do about it. You were all jointly liable therefore you are all equally liable to pay the whole balance. There is no point in turning up at court because it won't change the fact that you lived there and your name was on the bill, which is all the courts are there to ascertain.

One thing to check out is the period which the bill covers - make sure it only covers the period that is stated on your tenancy agreement/when you were living there, because obviously you don't pay it when you're not liable. Have you mentioned to the council that you were on council tax benefit? That may possibly work in your favour but if the council can only get hold of you then they are totally within their rights to chase just you for it. FWIW they won't make you pay the whole amount in one go, you'll be able to pay it off in instalments.

they have either decided its a HMO or they have looked and can see that you were in receipt of council tax benefit therefore not responsible

however because you are attached to that house you name may come up again especially when it gets passed to the bailiffs

In your position i would send an e-mail and recorded delivery letter asking for written confirmation within 7 days of receipt of e-mail/letter if you don't get it get on the phone to them and e-mail them everyday till you have it in writing that you do not owe council tax for (address) for the dates xxxxx

print a few copy's and keep them handy put the original away safely you may need in years to come

Not if they all were on the same contract. If it were a HMO then all the tenants would have seperate tenancy agreements and it would be the landlord who is paying the CT, not the tenant IIRC.

AH so thats the diffrence

Thanks Hallowitch. Think that's what I'll have to do. This is somewhat confusing issue. Thanks again to all for advice, most helpful

 

In your position i would send an e-mail and recorded delivery letter asking for written confirmation within 7 days of receipt of e-mail/letter if you don't get it get on the phone to them and e-mail them everyday till you have it in writing that you do not owe council tax for (address) for the dates xxxxx

 

print a few copy's and keep them handy put the original away safely you may need in years to come

Some Councils are notorious for saying they have withdrawn and say you don't need go to Court etc. Next thing you know is your local "thug" turning up and threatening all sorts. This is why HW's advice is so invaluable.

PT

they have either decided its a HMO or they have looked and can see that you were in receipt of council tax benefit therefore not responsible

The receipt of CTB would not remove someones liability for council tax - they are still jointly liable regardless of claiming CTB.

It seems odd that they would remove you from the bill if you were living there, regardless of your benefit entitlement (although this certainly makes the situation more complicated!), which is why I strongly agree with hallowitch and ploddertom to definitely get confirmation of the summons withdrawal in writing. Like ploddertom said, I wouldn't put it past them to suddenly start trying to chase you for it again.

Not if they all were on the same contract. If it were a HMO then all the tenants would have seperate tenancy agreements and it would be the landlord who is paying the CT, not the tenant IIRC.

 

AH so thats the diffrence