Council Tax & HB over payment Billing Issue

[ice22]

Hello all.

 

I am new to this forum but have used advise on here for other issues.

 

I have 1 issue that I would like further advise on please.

 

Ok heres the backround info:

 

I rented a flat for a year and a half with a friend of mine and I paid him my share of the Council Tax. He then decided not to pay any Council Tax including my half.

I moved out and my friend continued to live at that address. I was unaware that he had not paid any Council Tax and shortly after moving out I get slapped with a liability order of the 1st years Council Tax.

 

I know that I am jointly liable and will have to pay.

 

The Council were chasing me for the 2nd Years Council Tax but no liability order has been issued for year 2. I challanged the bill as I only lived there for the 1st half of the 2nd year and sent my new tenancy agreement to proove it. The Council then write to me to say that they will amend my liabilty to the correct dates and send me an amended bill.

 

 

ISSUE:

 

I have recieved the new amended bill but there is an amount for £282.06 for a period when I lived there, extending to a period when It was confirmed I didn't live there. (hope that makes sense).

What concerns me is that the item is listed as "Benifit Overpayment". I have never asked for benifits in my life and I can only assume that this is my ex-friends doing.

 

Also the bill has been addressed to me and my friend and sent to MY address. This concerns me as he's gone off the radar and I know he will not pay anything towards his part of the Council Tax. I obviously don't want the Council chasing him at my address when he doesn't live here.

 

I have written to the Council about the above issues but they have just replied stating that I am jointly liable for the 1 and 1/2 year period and if I wish to discuss Housing Benifits then call some number.

 

Sorry for the long post but where can I go from here?

 

Thanks!

[id6052]

you and your friend were jointly and severally liable for the council tax

 

this means that the council can recover the debt from either of you

 

if your friend has failed to make any payments, then the council can legally seek the full payment from you (i have known one or two councils who were willing to split the debt 50/50 but they are not obliged to)

 

you may be able to try making a claim against your friend if you can find him

 

not sure how old you both are, but if you and your friend are young(ish) - i would suggest trying to guilt his parents into stumping up for their wayward soon

[id6052]

you may however be able to argue against the recovery of the benefit overpayment from you

 

am sure i have seen caselaw once on the issue - i will try to look it out for you

[ss002d6252]

you may however be able to argue against the recovery of the benefit overpayment from you

Council Tax Benefit is recovered by withdrawing the benefit directly from the Council Tax account - the amount then recovered is purely council tax which is recoverable from either, there is no case law against this.

 

The only argument against this would be to argue that the council tax benefit should not have been re-claimed in the first place but this would have to be done by the flatmate.

[ice22]

Council Tax Benefit is recovered by withdrawing the benefit directly from the Council Tax account - the amount then recovered is purely council tax which is recoverable from either, there is no case law against this

 

The only argument against this would be to argue that the council tax benefit should not have been re-claimed in the first place but this would have to be done by the flatmate

 

On the bill they have sent me the benifit overpaymet period extends to a time when it has been confirmed I didn't live there. Can I get them to amend this period and re-calculate the bill?

[ice22]

hi all.

 

Sorry for the long post but I have an issue that im hoping you helpful people at CAG can advise me on.

 

I rented a flat for a year and a half with a friend of mine and I paid him my share of the Council Tax.

He decided not to pay any Council Tax including my half.

 

I moved out and my friend continued to live at the address and was unaware the Council Tax had not been paid.

 

Shortly after moving out I get slapped with a liabilty order for the 1st years Council Tax.

Lesson learned and I know that I am jointly liable and will have to pay.

 

Council then chase me for the 2nd years Council Tax which no liabilty order has been issued yet.

 

I dispute the bill as I only lived there for 1/2 of the second year and send my new tenancy to prove it.

 

Council write back saying they will amend liabilty dates and send a amended bill.

 

THE ISSUE:

 

I have received the new bill but there is an amount for £282.06 listed as Benifit Overpayment; for a period starting when I lived there,

extending to a period when I didn't live there (as confirmed in the Council's Letter).

 

I have never asked for benifits in my life and can only assume this is my friends doing.

 

I sent a letter to the Council about the above issue and the replied saying that I am jointly liable and if I wish to discuss Housing Benifits to call some number.

 

Am I jointly liable for Housing Benefits I didn't claim and have no prior knowledge of?

 

Thanks

Edited September 12, 2011 by ice22

[Bazooka Boo]

IMO you wouldn't be liable for the HB overpayment, for one it wasn't in your name so quite how they honestly believe they can make this stick I don't know....

 

I would ask the council to once again look at the figures they are claiming you owe, and to supply you with another updated accurate bill, or a letter explaining and outlining under what Law they think you are liable for an overpayment you were never in receipt of.

[dx100uk]

three threads merged

please keep to one thread per issue

 

dx