Yes there is some new president which is worth looking at, I think MM mentioned it on another thread.

The usage of stat decs needs to be looked at also, the importance of these in challenging enforcement is being given far to much weight by the loony forums.

There are a number of appeal cases re: s7 this was considered as not on topic mention so no longer post about it... as far as s7 goes you have to read with another part.... The quote in post #50 is what I am talking about... (purple)

I think that the one you posted was the latest and very interesting. It would be good to have a new thread which examined it, any other issues regarding delivery and section 7.

I think BA is starting one.

Only one Liability Order would have been issued in 2014 and the liability to pay rests on 'those in occupation' (i.e. Mr & Mrs). Accordingly, the debt is a joint one and the enforcement company can come after Mrs. If she pays the full debt, she has a valid legal claim against Mr for 50%.

 

All local authorities should first consider an attachment of earnings order but this route is very dependant on communication with the debtor at any early stage. If the local authority at the time of obtaining the Liability Order, are aware from their records that the debtor is receiving a qualifying benefit.....then deductions will be made. The problem with this particular case is that it would seem that when the Liability Order had been obtained, the step daughter was employed (she was previously a care worker). She had to hand in her notice when her ex hubby left.

Thank you for the clarification BA. At the moment we are unclear if the LO was issued before or after the couple went their separate ways. And it was because we don't know that I posed the question of what happens if the LO is issued after the split. is there still one LO issued and a copy sent to each since they may now be living in different parts of the Country and the Council may have to use two different bailiff companies. So the question of duplicate fees is a concern even if only one L/O issued.

This is factually incorrect.

When a council; tax is joinly billed both parties are individually liable to pay the bill in full.

 

But they are not liable to pay the bill and the fees twice which was my point in suggesting that the OP should contact the ex if her daughter could not.

 

"What happens if I am jointly and severally liable for the Council Tax?

 

If you are jointly and severally liable for the council tax you are, in fact, personally responsible for paying the whole of the council tax bill, and not just a share of it. If you pay your 'share' but the other person does not pay their 'share', we can recover the arrears from you, not just from the other person.

 

Any arrangements about who pays what percentage of the council tax bill are between the liable persons themselves, it is not the responsibility of the council to decide how much each person should pay."

I wouldn't expect the Council to decide who paid what and I'm sure the OP wouldn't either. But I do think that contact should be made with the Council to ascertain what if anything the ex has paid or has arranged to pay.

Dear All

I'm not sure when the LO was issued but I'm pretty sure it was issued after they went their separate ways. I don't know if he (ex) has contacted the Council regarding the fact that he's moved out - I know that they had some dealings with the landlord regarding the contract etc and she had informed the Council that she was now a lone tenant... I'll ask.

I'll ask her to ask her ex too as she's still in contact - he does have their son (my grandson) for a night once a week I believe.

thanks

you said this

"First, it is not only your daughter who is responsible for the Council tax, but her ex as well. [indeed when the bailiff mentioned a second Notice being issued, the other one may well have been sent to her ex."

Actually first of all the daughter is responsible for paying the whole of the bill as explained in my last post, secondly liability orders are not sent to either parties in fact, in the form you mean they do not even exist, they certainly are not sent to the debtor in any case.

If you mean notices of enforcment, these are sent by the bailiff not the council both would have been sent to the address

To the OP your daughters liability is to pay the whole amount to the council(or the EA now), as explained.

If she and her ex have some arrangement between themselves then it is for them to sort out after the debt has been paid, it does not affect the liability of your daughter to pay the enforcment agent the total amount due.

Dear All

 

 

I'm not sure when the LO was issued but I'm pretty sure it was issued after they went their separate ways. I don't know if he (ex) has contacted the Council regarding the fact that he's moved out - I know that they had some dealings with the landlord regarding the contract etc and she had informed the Council that she was now a lone tenant... I'll ask.

 

I'll ask her to ask her ex too as she's still in contact - he does have their son (my grandson) for a night once a week I believe.

It is good to hear that both parents continue to have a good relationship.

Just a quick note...as your step daughter is now living on her own, she needs to ensure that she has applied for single person discount (which is 25% of the yearly amount).

Has the matter of Chandlers now been sorted out?

I don't know.. i.e. I haven't paid it as her father (my husband) was going round there today when he finishes work. I'm waiting to hear from either of them but, after a discussion with my husband I'm not sure what it is he wants to do. As it's his daughter then I'm leaving it there - I don't want to feel that I've overstepped the mark if you see what I mean...

and yes, she has single person discount