Council tax debt help, please

[siren13577]

Hi,

 

Firstly thanks in advance, for any advice.

 

The situation is that I owe council tax from 2004 for a property my husband didn't live in. Two liability orders were issued some time ago, I intend to obtain a copy of them.

 

The debt has been passed to Equita and I have spoken to the council and had a two week 'hold' put on the bailiffs. I'm now dealing with the council tax about this matter and have to provide an income/expenditure form, my question is that should I include my husband's income? I spoke to someone today at the local one stop shop and they said I 'should' include my husband's income. I am not working as we have two children three and under. The only 'income' I receive is tax credits and child benefit.

 

I don't want to take the council's word for including my husband's income as he isn't liable for this debt and it's in the interest of the council to tell me this, the person I spoke to didn't seem sure about this at all. It's not that I don't want to pay this debt but want to pay it at a rate I can afford.

 

Is there a letter I can give to the council if my husband is not liable and I can refuse to provide his income with this letter? I am under the impression (from my sister) that only a judge can compel me to hand over my income details? I'm not trying to be difficult, I just want to know what I can get away with legally.

 

I also understand that this debt is not a priority debt anyway, just priority arrears, is this correct? Does this have any bearing on my next course of action? I will prepare a financial statement for the council over the weekend and have said I will present it on Monday.

 

I won't give the bailiff access to my house or deal with them at all, I hope to make the council an offer and have the council 'take the debt back', which they have done on a previous occasion. Also my husband already has two attachments of earnings for present and previous address, so they cannot take more from his wages.

 

Phew, thanks for reading and any of the fantastic advice Caggers' always provide.

[siren13577]

Anyone?

[ploddertom]

The situation is that I owe council tax from 2004 for a property my husband didn't live in. Two liability orders were issued some time ago, I intend to obtain a copy of them.

 

Do I assume this is for a property thay you lived in before you were married? If so then your now husband has no liability for this at all. It is solely down to yourself or yourself & A N Other if there was one at the time.

 

PT

[siren13577]

Thank you so much!

[siren13577]

Deleted

Edited March 15, 2012 by siren13577

[ims21]

Hi Nicbbb,

 

I saw all of the stuff about the legality of Council Tax and other taxes levied on us illegally, it is fascinating and really appeals to the pedant in me, not to mention a feeling of injustice. How we haven't known all these things and that there are so many laws they choose to ignore but continue to use bailiffs, which themselves are an outdated solution, merely because they are old.

 

I admire you for not paying this tax and business rates, I've sent them an offer, but don't believe it will be met receptively as I have included my own limited income (from tax credits) and offered them £5 per week. I think they'll refuse that amount because I haven't included my husband's income. I requested the liability orders and read about them too, it's laughable the stuff we don't know about and happens. I'd say the councils should be ashamed but know better about my local council.

 

If I don't get a good response I won't pay at all, I think I might be brave like you and give the reasons for the council tax not being a legal tax. Thanks so much and good luck with your resistance!

 

Hi

 

the post to which your above response relates has been removed. Please do not act on anything you have retained from it

 

ims

[revshelp]

The Council Tax has been created by Parliament through the passing of the Local Government Finance Act 1992, and non-payment is enforceable in a court of law.

 

Once a liability order has been obtained, it can choose one of several means of recovery, including Bailifs, Attachment of Earnings or Benefits, Bankrupcy, Charging Order up to and including imprisonment. The council is empowered to ask you for information about your income, etc and the court can fine you if you do not provided it.