Council Tax Arrears - from ex - am I liable? bailiffs involved

[liam12345]

To all

 

I am writing this on behalf of a friend and would be grateful of any help as this has become an urgent and quite complex situation.

 

My friend's husband racked up some Council Tax arrears before they got together at a house that she never lived at or even visited.

 

They got married in 2008 and the council tax arrears was from 2005 - way before they even met.

 

They have now split up and the ex has moved back to Poland.

 

Post has now been re-directed to my friends house and she has received a letter from Ross & Roberts

- Civil Enforcement Agents acting on behalf of South Somerset District Council.

 

Bailiffs have also been to visit to recover goods but she didn't let them in.

 

She has contacted South Somerset District Council and explained that they weren;t even together when the debt was created

and they said that she is liable as his debts are now theirs as they are married.

 

Bailiffs are coming back demanding payment and a regular payment plan or to recover goods.

 

How can she be liable for a debt that was not hers against a house that she has never even stepped foot into let alone lived in

- this doesn't add up to me

- any urgent advice would be grateful as this has reached a serious situation.

Thanks!

[liam12345]

If this thread is not in the right place could a CAG administrator please move it to where I can get the best and quickest advice! Thanks!

[cerberusalert]

Post moved to the Bailiffs forum & title updated to reflect their involvement.

[Bazooka Boo]

Hmm, I'm guessing you ended up talking to a cleaner at the council....

Is the council local to you?

 

This is clearly wrong, they are wrong, a persons debts do not become someone elses liability!

[Leakie]

I would say that she is not Liable

Because it was before they met.

 

If this is for when they were together then she would be jointly liable.

 

Others with more knowledge than my self will be along soon.

 

Leakie

[dx100uk]

she is NOT liable at ALL.

 

tell the stupid bailiff he comes back she'll call the police

 

write the council and state in no uncertain terms

she is NOT responsible for ex's debt.

 

dx

[liam12345]

she is NOT liable at ALL.

 

tell the stupid bailiff he comes back she'll call the police

 

write the council and state in no uncertain terms

she is NOT responsible for ex's debt.

 

dx

Thanks dx - knew it didn't seem right at all! I will get in touch with the debt collectors and council on her behalf and sort this out!

[liam12345]

Thanks Leakie - I can't believe the council wouldn't know whose debt it was to start with!

[liam12345]

Hmm, I'm guessing you ended up talking to a cleaner at the council....

Is the council local to you?

 

This is clearly wrong, they are wrong, a persons debts do not become someone elses liability!

 

Thanks Bazooka - think it must have been the cleaner she spoke to - it will get sorted with one call from me Im sure!

[Leakie]

Liam

 

The council do not care who owes them the money

as far as they are concerned its the bailiffs problem.

 

In would say she may have a problem with the council,

but hopefully not

 

Leakie

[brassnecked]

@liam12345 post #1 "She has contacted South Somerset District Council and explained that they weren;t even together when the debt was created

and they said that she is liable as his debts are now theirs as they are married. "

 

As the debt accrued before they got together, the council better send their bailiffs on an abortive trip to Poland to trace the debtor, as if they press this it is maladministration at least by forcing a third party to pay someone else's debt under duress, or more easier to ground criminal harassment contrary to S1 Prevention from harassment Act 1997

 

1 Prohibition of harassment.(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

 

As she is not liable persisting in a now unlawful enforcement is harassment imho, and the defences at b and c will not apply. I'm sure oldbill and others can find other offences, but a complaint to OFT under credit fitness regarding the pursuit of a third party for another person's debt by Ross 'n Robbers is another option. As is a Formal Complaint to council Head of Revenues copied to CEO elected leader, councillor and MP.

[Bazooka Boo]

If the council won't budge, then a complaint to her local MP informing them that as the council is is deluded, if they fail to stop this course of action she will inform the Local Government Ombudsman to investigate.

[cerberusalert]

The bailiffs can do sod all in the absence of a Liability Order.

[brassnecked]

The bailiffs can do sod all in the absence of a Liability Order.

Yes we need to know if a liability order is in place, as if she is named on it it may become messy, as only the council can quosh a wrongful order, but if the relationship and co habitation precedes the dates of the debt covered, then Formal Complaints and eventual Ombudsman involvement will likely ensue before the council will budge

[liam12345]

To all

 

After a couple of phone calls it has been identified that there were 4 claims in total for the ex but only 1 of them is for when they were cohabiting.

 

The 3 that predated this have now been removed from my neighbour with their apologies.

 

However, the one that arose in 2009 she has received no previous notifications (think her ex changed his address so post did not arrive at her address once they had split up).

 

The council have stated that the arrears were not caused by miss-payments but were caused due to the numerous changes in her circumstances during that period

i.e leaving her job due to pregnancy, ex becoming unemployed then employed etc.

 

I believe that there is Court Order but she never had any knowledge of this or any arrears in the 1st instance.

 

The Debt Collectors have apologised for their conduct and have wiped of any extras from the debt

- visiting charge etc and have agreed to set up a payment plan of £15 a month and that their will be no baliiffs turning up to collect the money.

 

My neighbour is a single parent of 3 kids (one is only a few months old) on benefits who has had this landed on her because her (insert any swear word you like)

ex has racked up numerous debts and buggered off to Poland.

 

I can't see how this is fair and why she has to pay this and that he can't be chased for the thousands he owes on numerous things.

 

Please advise if there is anything she can do or if because she is liable she is better off just paying the £15 a month until it is cleared. Thanks

[dx100uk]

i wonder is she is classed as vunerable?

 

i certainly would not be paying any bailiff

 

old ctax debts are not a priority debt.

 

you keep saying debt collectors, i take it you mean bailiffs?

 

there s a VERY big difference in the terms and the powers each have.

 

dx