council tax from 3 years ago

grogol

Hi, I hope someone can give me some much needed advice.
This morning I received an email from Hounslow council, about an amount of £127 council tax arrears, for a period from 2006 to 2007.

Some backstory - I lived in a flat with 2 other people for that period, we all parted happily; me to move in with some friends, them to move to Australia. Before we left, we very conscientiously contacted gas, electric, water and council to give final readings and pay any last amounts.

Hounslow council confirmed that we had paid all outstanding council tax. Which is why I am deeply angry to be contacted THREE YEARS later by them about arrears. I accept that I probably have no way of proving this, as we confirmed that we had no more to pay by phone (I'm now older and wiser, and always demand things in writing).

So, if this new amount is correct, then fine, it's only right that the tennents (us) pay the council tax. But; I've lost contact with my flatmates (other than Australia, I have no idea where they are). My question is; all three of us were named on the council tax bill - am I going to be liable for the full £127, or can I send them a cheque for £42, and tell them to check out Australia for the rest?

I really am angry, first of all about being given incorrect information by the council, and secondly by the ridiculously long time it took them to contact me - I moved to the next bloody borough, so they really didn't have to look that hard to find me. Plus, I have just checked and the actual email is from a company called 'Liberata', I'm worried that without even trying to contact me for 3 years (this email is the first I have heard) they have referred this to some kind of debt collection agency. I'm terrified that this is going to have an effect on my credit rating (I'm the sort of person who always pays bills on time, never gets into debt and loses sleep over overdue library books!). I really could cry.

Apologies for such a long post, I'd be really grateful if anyone could give me advice on what to do next, or what my rights and responsibilities are.

Thanks.

dmg24

Ask for proof of the debt. If it is proven, you (and your ex flatmates) are joint and severally liable for the whole amount. Therefore if you send £42 they will still chase you for the remainder.

lincroft1710

If the council have obtained a liability order then they (or Liberata) will chase you for payment and can enforce payment by bailiff action. The £127 may well include court fees. If they are contacting you by email they may not know your home address.

CIS

Liberata are the outsourcing company running the Council Tax services for Hounslow so they are, in effect, Hounslow's Council Tax department.

As lincroft1710 has correctly pointed out you are liable for the entire balance due and are likely going to be pursued for the full payment.

TBH I have dealt with cases where I have taken part paymrnt from one liable party and pursued the other for the remaining balance but always with the proviso that the balance can be recovered from the person who has made the partia payment if the others dont pay. I wouldn't do this if a person was in Australia though.

You need to contact Liberata and determine how the charge arose and whether or not a Liability Order has been granted. They may have records of a phone call from that time which confirms your side of the story and they may go easier on you if that is the case.

DVardysShadow

As dmg says, get proof of the debt - including dates.

Councils and businesses are well into data mining these days, looking for any information which can be turned into a chase-able debt. For example, it could explain the 3 year delay if Liberata looked back at the property and found that no Council Tax had been paid from the time you left to the time that the next lot of tenants moved in or accepted responsibility for Council Tax. It may be that only in the last few weeks they have made a decision to try and sting you for the void when in fact no council tax is due form anyone. At a guess £127 might be 6 weeks, which would be right for a void.

If you get the dates and your payment record, you may find that you are not responsible for this period.