Can the council chase you for a council tax bill that isnt yours?

phenix86

I moved into a property with my ex in jan 2010. From January to june, I was a student and june to august claimed benefits because I lost my job in march and had finished studying. I then moved out by myself at the end of august because the relationship turned violent and i notified the council that i was leaving. I was told my council tax was in credit by £180 and they would send a cheque.
They then sent me a bill for £795 a month later as they said they never received any student notification for jan to jun (they lost my information, which is funny because I handed them in person). I have had to hand them in up 6 times (probably more) because they keep losing my information.

Then 3 days ago I received a notice of distress from bailiffs. I called harrow council and they said that because they cant find my ex I am liable for the bill even thought I was a student (and it even says on their website student don’t pay council tax), its was joint tenancy, and both names were on the original bill, so basically what they is taken 25% of the bill for single person discount (as students are disregarded) and put my name on the bill because they cant find my ex.
I really don’t know what to do because bailiffs are coming to take my possessions for a bill that isn’t mine, which I can’t pay as I am still on benefits and I have spent months trying to deal with this. Please help

Hannah_10

Something very similar happened to me about 4-5 years ago, I got visited by the baliffs for a council tax bill which was not fairly mine because I was easier to trace than the person it belong fairly and squarely to.

The advice I got at the time was from one of the charities (I don't remember who, National Debtline perhaps) and I was told it was legal, they could do this. I will be interested to see if anyone who knows the rules a bit better posts?

The misplaced Council Tax bill doesn't show up on my credit reference agency files now, even though it got as far as a baliff making a walk in possession order or similarly named (where they list your things).

Butti

Two things I would suggest.

1. The council are just following the path of least resistance. Do you have any idea where your Ex is? If so can you point them in the right direction (don't put yourself at risk though)

2. It might be worth contacting your local councillor and putting some pressure on them

B

woody01

Butti wrote: »

Two things I would suggest.

1. The council are just following the path of least resistance. Do you have any idea where your Ex is? If so can you point them in the right direction (don't put yourself at risk though)

2. It might be worth contacting your local councillor and putting some pressure on them

B

Why?
The OP was a joint tenant so has joint liability for the bills.

Whether they are a student or not in that time doesn't make any difference, as the only time there is zero liability is if the whole household is studying (which it wasn't).

amiehall

Blimey! Are you sure that's right? It seems very unfair. I've lived as a student with non students before and I'd hate to think I was liable for the council tax if they decided not to pay up. Where do you find out things like this?? I had a guide to council tax that I got from my uni and it didn't mention this at all. I've never heard anything like that before, where do you go to find out things like this?? It seems awfully unfair as I'm sure most people have NO idea that they could be liable for the bill and noway of informing themselves until it's too late.

I hope you can get this resolved OP. I'd see if you can hunt down your ex!!

Happytogetdebtfree

I hope this can be sorted, it might be an idea to locate ex if it's safe! Although her name was on the tenanacy she states she was a student and has proof nobody anticipates things jumping out to bite them in the !!! bit more gentleness wouldn't go amiss in here! Speak to cab, hope they cN help xx good luck

CIS

I moved into a property with my ex in jan 2010. From January to june, I was a student and june to august claimed benefits because I lost my job in march and had finished studying. I then moved out by myself at the end of august because the relationship turned violent and i notified the council that i was leaving. I was told my council tax was in credit by £180 and they would send a cheque.
They then sent me a bill for £795 a month later as they said they never received any student notification for jan to jun (they lost my information, which is funny because I handed them in person). I have had to hand them in up 6 times (probably more) because they keep losing my information.

Then 3 days ago I received a notice of distress from bailiffs. I called harrow council and they said that because they cant find my ex I am liable for the bill even thought I was a student (and it even says on their website student don’t pay council tax), its was joint tenancy, and both names were on the original bill, so basically what they is taken 25% of the bill for single person discount (as students are disregarded) and put my name on the bill because they cant find my ex.
I really don’t know what to do because bailiffs are coming to take my possessions for a bill that isn’t mine, which I can’t pay as I am still on benefits and I have spent months trying to deal with this. Please help

Ordinarily as a joint tenant you would be jointly liable for the council tax however a student (since 01 April 2004) cannot be held jointly liable with a non-student. If you had a higher interest in the property (e.g. you were the resident owner and you had a lodger) then are situations were the student can be liable but not in this case from what you posted.

There is however the period for which you were not a student during which time you were jointly liable for 100% of the council tax due. Did you make your claim for council tax benefit as joint claim with your ex ?

phenix86

CIS wrote: »

Ordinarily as a joint tenant you would be jointly liable for the council tax however a student (since 01 April 2004) cannot be held jointly liable with a non-student. If you had a higher interest in the property (e.g. you were the resident owner and you had a lodger) then are situations were the student can be liable but not in this case from what you posted.

There is however the period for which you were not a student during which time you were jointly liable for 100% of the council tax due. Did you make your claim for council tax benefit as joint claim with your ex ?

We both had equal interest in the property.

From jan to june i was a student and jul to aug i claimed benifits. The council told me that i had to make it a joint claim because its was to 2 people living in a 1bed flat and that it didnt matter that were no longer together. They said that if i tried to apply sepperately it would be concided fraud.

The council is only chasing me for the bill between jan and june (the time i was a student).
I really feel like im being made a scapegoat......

CIS

You are not liable for that period providing that you were a full time student for council tax purposes. The best is to contact the council and ask to speak to the Senior Officer or the principal officer in charge of the council tax section and advise you will issuing a corporate complaint if the matter is not resolved.