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EQUITA, council tax and my car

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135

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  • king100
    king100 Posts: 1,565 Forumite
    Ok read this it goes in order

    1)The person who is liable to pay council tax in respect of any chargeable dwelling and any day is the person who falls within the first paragraph of subsection (2) below to apply, taking paragraph (a) of that subsection first, paragraph (b) next, and so on.

    (2)A person falls within this subsection in relation to any chargeable dwelling and any day if, on that day—

    (a)he is a resident of the dwelling and has a freehold interest in the whole or any part of it;

    (b)he is such a resident and has a leasehold interest in the whole or any part of the dwelling which is not inferior to another such interest held by another such resident;

    (c)he is both such a resident and a statutory [F1, secure or introductory tenant]of the whole or any part of the dwelling;

    (d)he is such a resident and has a contractual licence to occupy the whole or any part of the dwelling;

    (e)he is such a resident; or


    So they are all liable for council tax.

    Answer my question

    What can a bailiff charge?

    If she transfers her car over to her partner it can still be levied on and will be levied on?
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • king100
    king100 Posts: 1,565 Forumite
    CIS wrote: »
    If you so keen why not ask Newcastle City Council or Gateshead Council directly regarding their policies ?.

    Why does it particularly matter which council I work for , which by the way , is not in my local area.

    im asking you your online an state you work in council tax recovery
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    from gateshead borough council
    Home
    Benefits & Council Tax
    Council Tax
    Bill and Band Charges
    Payments
    Payment Offices
    Discounts & Exemptions
    Appeals
    Benefits
    Refunds
    Missed Payments
    Moving Home
    Bereavement
    Online Services
    Contact Us
    Useful Forms
    valuation office contact


    Council Tax Home



    Contact Us
    Council Tax
    Civic Centre
    Regent Street
    Gateshead
    NE8 1HH
    Tel: 0191 433 3600 begin_of_the_skype_highlighting 0191 433 3600 end_of_the_skype_highlighting
    Fax: 0191 433 2066
    E-mail: [EMAIL="counciltax@gateshead.gov.uk"]Council Tax[/EMAIL]|



    Council Tax is your contribution to the many services the council provides such as:
    • education
    • libraries
    • street lighting
    • collecting rubbish
    • meals in the home
    • the police and fire service
    It also contributes to the running of the Tyne and Wear Metro System.
    Gateshead Council provides over 100 services. They are all paid for through Council Tax and Government funding.
    For further details on Gateshead Council's spending on services please see the 2010/2011 Council Tax Information Leaflet on the right.
    Who has to pay?

    Every home in Gateshead has to pay Council Tax. There is one bill for each home which is calculated on a daily basis. You are not responsible for another person's bill if you move home in the middle of a financial year.
    The Council Tax bill will be sent to the person who appears first on this list:
    • Resident Freeholder
    • Resident Leaseholder
    • Resident Tenant
    • Resident Licence Holder
    • Resident
    • Owner
    For example - if you own the property and live there it will be your name on the bill.
    More than one person may have to pay the bill, for example joint owners or joint tenants. Husbands and wives and couples living as man and wife are jointly responsible (as of 1st April 2006 Civil Partnership couples will be jointly liable). Special rules about joint accounts apply when someone suffers from a severe mental impairment or where a full time student lives with someone who is not a student.

    Direct.gov.uk
    Who is responsible for paying the bill?

    There's one Council Tax bill for each home. Usually the person living in the property has to pay the bill. Spouses and partners who live together are both responsible for paying the bill.
    The person at the top or nearest to the top of the following list has to pay the bill:
    • lives in the property and owns it
    • lives in the property and has a lease (this includes 'assured tenants' under the Housing Act 1988)
    • lives in the property and is a 'statutory' or 'secure' tenant
    • lives in the property and isn't a tenant but has permission to live there
    • lives in the property (for example a squatter)
    • has a lease of six months or more on the property, but doesn't live there
    • owns the property but doesn't live there
    You can't be responsible for paying the bill if you're under age 18.
    If you're still unsure about who is responsible for paying the bill, you can contact your local council and they'll be able to help.
    Visit the Council Tax pages of your council website
    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.
  • king100
    king100 Posts: 1,565 Forumite
    Spouses and partners who live together are both responsible.

    Hmmm have a lost something here, exactly what I said.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Spouses and partners who live together are both responsible.

    Hmmm have a lost something here, exactly what I said.

    Which has never been disputed providing they have been billed as such.

    However unless the spouse/partner has been summonsed and a liability order granted then they cannot enforce bailiff action against that individual.
    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.
  • astraea
    astraea Posts: 155 Forumite
    edited 29 September 2010 at 10:07PM
    king100 wrote: »
    Yes they can. Make sure that you do not park your car in the driveway if you have one park it away from home. They will 1stly clamp your vehicle to try and get you to pay then they will tow your vehicle away to try and make you pay next they will sell your vehicle.

    May I ask a couple of questions.

    What do you owe in total?

    How much was the liability order from the council?

    Do you know what fees the bailiffs are charging?

    Have they ever been in your property?

    How much roughly is the car worth?

    How much do you owe?

    Are you on any benefits, classed and vunerable have an illness?

    Have you ever signed any paperwork from bailiff company?

    Hi sorry it has took me a while to reply.

    I will try to answer the questions.

    In total i owe about £1600
    I think the liability order is for all although i am not 100% sure. it s several smaller bills that have added up and i got in a mess with it all.
    I dont think there are any fees on there yet.
    They have never been in my property
    the car is worth roughly £1500
    No HP or anything on it
    I am on working tax credit, childrens tax credit and housing benefit (i am also a student)
    I dont have an illness, but my daughter has epilepsy.
    I have never signed anything from them.

    What would i email themt o try and set up a plan? how can i get out of this big fat mess i am in?

    thanks
    vikki
  • astraea
    astraea Posts: 155 Forumite
    edited 29 September 2010 at 10:14PM
    I have also today recieved a FORMAL NOTICE? from them stating that from previous visits they have identified property to reove? i have never let them in my home and they have never hand put anything through my door?

    The bulk of the debt (around 1200) is in my name only and the remaining £400 is in both mine and my husbands name. if that makes any difference??
    how would i put the car in hubbys name? i can get the money together to pay off he joint debt but not the rest all at once!! i have a little money from backdated housing (a couple of hundred) so could pay that bit off put the car in hubbys name and then not let them in???? will this work. the rest of the debt is in my name only?

    thanks
  • king100
    king100 Posts: 1,565 Forumite
    CIS wrote: »
    Which has never been disputed providing they have been billed as such.

    However unless the spouse/partner has been summonsed and a liability order granted then they cannot enforce bailiff action against that individual.

    But they will still levy on the car on the driveway regardless who owns it.

    Whether that levy is valid or nor the bailiff will still use it against the LO to charge a levy fee!!!
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    (i am also a student)

    Are you still a student ?. What course etc are you ?.
    The bulk of the debt (around 1200) is in my name only and the remaining £400 is in both mine and my husbands name. if that makes any difference??

    What periods are the arrears for and what periods have you been jointly/singly billed ?
    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.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But they will still levy on the car on the driveway regardless who owns it.

    They may do, they may not. That would depend on the bailiff.
    Whether that levy is valid or nor the bailiff will still use it against the LO to charge a levy fee!!!

    Again your assuming what the bailiff will do. Not all bailiff's will levy wrongly or illegally.
    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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