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council tax demand/court summons , Not in joint names

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i have recieved a summons to court to recover £128 council tax plus £55 costs

i have rang the council and they say that i can pay the total of £183 before the court date of 10 february and no further action will be taken
alternatively it can go to court and a further £40 will be added .

our home is owned in joint names , mr and mrs , our mortgage is in joint names also

why is the summons just addressed to one of us , surely it should be addressed to both of us?

i object to the £55 costs , i think it is unfair .
a cheque was posted to the council which they never recieved hence our present situation.
were i to go to court and dispute the summons only being in my name what would happen ?
i think the summons should have been adressed to us both and us both be liable for the costs , any advice ?
my favourite food is spare ribs

Comments

  • Mikeyorks
    Mikeyorks Posts: 10,377 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    why is the summons just addressed to one of us , surely it should be addressed to both of us?

    Joint ..... means you're both equally liable for the whole. So they issue it in one name to keep costs / confusion down.

    were i to go to court and dispute the summons only being in my name what would happen ?

    Generally they won't even let you go into the witness box. The Clerk will just tell you to take up any issues with the Council representative. The Court role .. at that point ... is merely to clarify the debt is still unpaid, not to start arbitration between parties.
    If you want to test the depth of the water .........don't use both feet !
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The summons is only valid against the name its sent in - just because you are joint owners doesn't mean that the council tax account is in both . I see many accounts each day that have been in one name instead of two for many years.

    You have no dispute over the summons being in one name, you are liable and such can be summonsed for the balance due. The fact that a notice may or may not have been issued to other liable parties does not negate any action that may be taken against you.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Council Tax is one of those you can still get sent to prison for not paying (unlike other debts. So If you can pay this before the hearing date.

    Did you get a reminder? The Council Tax (Administration and Enforcement) Regulations 1992 details the proccess by which they should enforce payment.

    In my case I sent a cheque, heard nothing more then got a court demand. I paid then begun the complaints proceedure first asking to see a copy of the origional reminder, which they had somehow lost (but insisted it was sent). I wrote a final letter to them stating to send a copy of the reminder letter or I would begin recovery. A few days later a cheque for £55 arrived.

    You should also note, the summons for my OH arrived about two weeks later. You are jointley and SOLEY responsible for the debt. Unless you can prove in court that the other party (mr or Mrs in this case) didnt pay up their half or whatever.
  • Mikeyorks wrote: »
    Joint ..... means you're both equally liable for the whole. So they issue it in one name to keep costs / confusion down.

    IIRC:
    If it was "Jointly and Severally" then you would be liable for the whole... If it is "jointly" then the liability is shared equally.

    But as others have stated for the purposes of Council Tax only one person per household is responsible.

    Regards,
    John
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IIRC:
    If it was "Jointly and Severally" then you would be liable for the whole... If it is "jointly" then the liability is shared equally.

    But as others have stated for the purposes of Council Tax only one person per household is responsible.

    For council tax purposes all occupiers with the same responsibility in the property (unless disregarded ) are 100% liable for the entire balance due although enforcement can only be taken against those who have been named on a court summons.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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