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At the end of last year my ex received a council tax notice of enforcement for a period in 2005 in which we lived together but this was sent to his new address.

 

The enforcement names both of us but was delivered to his address only.

I have not heard anything about this since we left the property in 2008 and thought it had been paid.

Obviously a decade has passed and now I can't prove if it was paid or not.

 

As a result I didn't find out about this until a fortnight ago.

 

On advice I have contacted the bailiff by email and told them I do not live at the property they have sent the notice of enforcement to and as a result I will be contacting the council directly.

 

I have contacted the council to ask if we do actually owe the amount and if so can I make arrangements.

 

I am a single mother of two children with long term medical problems.

I am on an income of around £780 a month on a very low self employed income and tax credits.

 

What else should I be doing and what should I be offering them monthly.

 

Also is correct that if the bailiff takes further action against me at a property I have never resided at that that would be wrong?

 

I'm worried that they will issue a summons for committal at either a court 150 miles from where I live and either won't know or won't be able to get there.

 

I don't want to give the bailiff my new address as the notice of enforcement has not been delivered to me.

although of course I will inform the council.

Edited by dx100uk
spacing

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theres no committal on CTAX LO debt unless you are a wont pay rather than cant pay.

and you say that to a judge in a court room

 

as for the bailiff he'll know your correct address pretty soon via credit files or voters so don't be fooled into not engaging with them.

 

you need to ask the council if there IS a LO outstanding and see if you can get relevant band statements for that period prove the payments...


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I was told by an advisor elsewhere that as the enforcement has been delivered to an address I have not ever lived at that they would have to issue one to me also so I was okay to inform the bailiff that I don't live there and contact the council directly to resolve rather than through them as if my ex had not been in contact with me in regards to our two children I would know nothing of this.

 

I have contacted the council with my address to ask to clarify if the two LO from 2005 are still valid, if we do owe it and to arrange payments.

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I've already emailed the bailiff and told them I don't live there.

Should I now be recontacting them with my address or am I okay to continue with contacting the council directly.

 

The enforcement sent to my ex at his address is at compliance stage.

Asking him to pay the amount outstanding or further action will be taken and detailing the liability order dates.

 

I have had no notice of this BTW since 2008 when I left the house and have lived with the same council for 8 of the last years under the same name for much of it so I am baffled as to how they have contacted my ex 150 miles away when they know exactly where I am.

Edited by dx100uk
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you are both equally liable.

 

the historic unit are not necessarily linked to the main CTAX unit regarding data exchanges.

 

check with the council but you need to avoid the knock at your door as that will cost you an additional £235


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Oh I know we are jointly liable.

I've contacted the council to query and arrange payment if still owed.

I know the liability order is still live.

What I meant is I was told that the new notice of enforcement to remove goods if payment arrangement is not made names an address I've never lived at and while I have been told that they can take action against me they would have to issue a notice of enforcement to my address too.

 

I assume that is incorrect?

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as far as i'm aware it matters not you are not resident at that address the enforcement notice was sent too.

you are named on it, it is enforceable against you.

 

don't panic too much

theres no forced entry

or anything nasty for CTAX.

just more fees


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At the end of last year my ex received a council tax notice of enforcement for a period in 2005 in which we lived together but this was sent to his new address.

 

The enforcement names both of us but was delivered to his address only.

 

On advice I have contacted the bailiff by email and told them I do not live at the property they have sent the notice of enforcement to and as a result I will be contacting the council directly. I have contacted the council to ask if we do actually owe the amount and if so can I make arrangements.

 

What else should I be doing and what should I be offering them monthly.

 

Also is correct that if the bailiff takes further action against me at a property I have never resided at that that would be wrong?

 

I'm worried that they will issue a summons for committal at either a court 150 miles from where I live and either won't know or won't be able to get there.

 

Given your current circumstances and your health problems, I can fully understand how worried you must be at the prospect of bailiff enforcement.

 

Can I just deal with the most worrying part of your query which relates to your concern that you could face committal proceedings. Whilst committal proceedings do take place, this is exceedingly rare indeed. For example, over 3.5 million Liability Orders are issued each year and last year, just over 20 people were sent to prison and I can assure you that you will not face this sort of enforcement action.

 

I am pleased to read that the letter that your ex partner has received at his current address is a Notice of Enforcement with a Compliance Fee of £75. As long as he deals with the notice during the 'compliance stage' (by the 'cut off' date displayed on the notice by when either full payment OR a payment arrangement must be set up) then a personal visit will be avoided and with it, an enforcement fee of £235.

 

You seem to be concerned that a letter may be sent to you as well. This is a possibility but first, you need to be making enquiries with the council.

 

It may well be, (and perhaps you can ask the council in the morning) that the Liability Order was only in your ex partners name. If so, then this could explain why the enforcement company are writing only to him. Please do let us know once you have spoken with the council.

 

Also how much is the debt that the enforcement company are seeking?

 

Is your ex partner employed or on benefits?

 

Lastly, is your ex partner expecting you to contribute towards this debt?

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what part does..The enforcement names both of us but was delivered to his address only. ..play BA?


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what part does..The enforcement names both of us but was delivered to his address only. ..play BA?

 

Correspondence is usually to the person named on the Liability Order and in most cases, only one party is named. It may be that both Mr & Mrs are named but again, we don't know and this is a common problem when we have a 'third party' posting (the thread below this one by Comebackjimmy is a good example !!).

 

Council tax is a joint debt but that is not to say that a enforcement agent cannot enforce against just one party (which seems to be the case here). Given that the enforcement company have correctly issued a fresh Notice of Enforcement to the ex hubby's current address, I see no reason to think that he would not do the same with the OP if it were the case that enforcement would be taken against her.

 

PS: Fortunately, the OP appears to still be on good terms with her ex so at least she is not being 'kept in the dark' about the steps being taken.

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