Hous share and council summons

Pinktooth

This is very complicated.

Bought a house a year ago.

I own 20 percent brother ownes 20 percent
Super rich niece ownes the rest

They lent us the money so we could buy a house and not be homeless.

Brother worked abroad till November when he was unfairly sacked in which I was claiming single occupant of which I was.

I have been unemployed absolutely no jobs for the unskilled man in this town or near even the interviews I had I was unsuccessful and to this month I have got into debt with overdrafts surviving through the year on food and payign other bills and stuff. My brother has no savings really either.

SO council wrote saying they were waiting for what the bill would be as it was a new house ad they sent bill July I think so paid first 50 pounds of the 790 total for single occupant

Then there was a problem that our rich niece was on the deeds showing on the council tax bill

Dont even suggest we ask our rich niece to pay LOL you dont know them and they wont help us anymore with anything else. We hace to buy them out with the house eventually

So council said fill in a form to get niece off bill so we did that and this time it got to December.

As its personal that we have to give Niece name and address the council asked for we said thats personal and dont really at to give it and in the end we had to write to Niece to ask if she minded so the day after we got this court suoomons we had not paid all the bill only two payments, so putting

So we think this very unfair as I had gone to Citizens Advice asking them to ask the council if we could spread council tax payments for longer than six months and the council said they wanted our Niece address to think about it and verify our Niece was not living in this house.

My brother has just used his credit card I said dont get any more debts but he paid 200 pounds off the bill and he really can claim benefit as he is here unemployed however some horrible people at the council are trying to stitch him up for false claims which he innocently thought was OK AND WITHIN THE LAW to do with our Niece.
We dont even have carpets in the house and we said this to our 600 million pound niece and she said get a rug.

Sounds like we are grovellers but we assure you we worked 20 odd years and asked noone of anything.
IF you ask here are our savings e lost them investing our first house with remortgage in the credit crunch.
Honestly my brothers credit cards are full my overdfafts are full we are unemployed and we have no valuables or savings or things left to sell.

HELP US PLEASE

CIS

I own 20 percent brother ownes 20 percent
Super rich niece ownes the rest

As far as council tax is concerned, if you are all on the land registry records you are joint owners.

Then there was a problem that our rich niece was on the deeds showing on the council tax bill

She should not be on the bill if she is not resident. If the property is empty then all 3 of you are jointly liable.

So we think this very unfair as I had gone to Citizens Advice asking them to ask the council if we could spread council tax payments for longer than six months and the council said they wanted our Niece address to think about it and verify our Niece was not living in this house.

The council have a duty to ensure they charge the correct council tax. If a person is on a bill then suddenly , as far as the counil are concerned, is no longer resident then they will be suspicious - I see this happen every day in my job and unforutunately a large number of people who do this are doing it fraudulently (enough to cast suspicion even on the genuine cases).

There is no legal obligation for the council to consider a payment arrangement at this stage - any arrangement at this stage is discretionary.

In any case if there are 2 occupiers then her name on the bill doesn't affect the charge that is due, only who they can recover the money from.

Honestly my brothers credit cards are full my overdfafts are full we are unemployed and we have no valuables or savings or things left to sell.

Have you not lodged claims for council tax benefit ? - you and your brother will each be eligible to claim up to 50% of the council tax charge (only 33% as long as they think your niece is resident). This wont help too much against the arrears but will help the ongoing charge.

and the council said they wanted our Niece address to think about it and verify our Niece was not living in this house.

Under regualtion 3 of the council tax (administration and enforcement) regulations 1992 they can request information from you in order to determine who is actually liable for the council tax charge. In theory they can make a formal request for this information along with a penalty charge ( I've never heard of it been being formally used except against landlords - the threat of the notice normally works if a polite request doesn't.).

Pinktooth

Many thanks for the reply, however unlike the banks when your in debt the council does not seem to give a you know what, even hen you have the Citizens Advice writ to to them.

Seems its better to just be a lodger in UK

No wonder many people flock to other countries every year.
THanks again

CIS wrote: »

As far as council tax is concerned, if you are all on the land registry records you are joint owners.

She should not be on the bill if she is not resident. If the property is empty then all 3 of you are jointly liable.

The council have a duty to ensure they charge the correct council tax. If a person is on a bill then suddenly , as far as the counil are concerned, is no longer resident then they will be suspicious - I see this happen every day in my job and unforutunately a large number of people who do this are doing it fraudulently (enough to cast suspicion even on the genuine cases).

There is no legal obligation for the council to consider a payment arrangement at this stage - any arrangement at this stage is discretionary.

In any case if there are 2 occupiers then her name on the bill doesn't affect the charge that is due, only who they can recover the money from.

Have you not lodged claims for council tax benefit ? - you and your brother will each be eligible to claim up to 50% of the council tax charge (only 33% as long as they think your niece is resident). This wont help too much against the arrears but will help the ongoing charge.

Under regualtion 3 of the council tax (administration and enforcement) regulations 1992 they can request information from you in order to determine who is actually liable for the council tax charge. In theory they can make a formal request for this information along with a penalty charge ( I've never heard of it been being formally used except against landlords - the threat of the notice normally works if a polite request doesn't.).

Pinktooth

Just wondering why we still have to go to court as the girl said yesterday that the 60 pound fee had been taken off and set back to some letters and Ipaid some money off however I have to wait now till next week fr my jobseekers surviving on a tin of baked beans a day also my brother.

however she said we have till February to pay off the final 370 odd pounds however another person later on that day to my brother said if we dont pay the rest the bailiffs will be on our door any day now.

So we dont know what to do to pay during the next few months or somehow get the money as really

there is nothing left we can sell and we dont even have any carpets since moved in the house and two crisis loan applications to pay council tax and bank debts were refused on grounds that it was not a crisis.

SO staying in a freezing cold winter house with no carpets last winter was not a crisis?

Also taking off 60 pounds then bailiffs asking for it a few days later is not on really is it?

CIS

Just wondering why we still have to go to court as the girl said yesterday that the 60 pound fee had been taken off and set back to some letters and Ipaid some money off however I have to wait now till next week fr my jobseekers surviving on a tin of baked beans a day also my brother.

Check with them as they may just waived the costs rather than withdrawing the court summons.

however she said we have till February to pay off the final 370 odd pounds however another person later on that day to my brother said if we dont pay the rest the bailiffs will be on our door any day now.

The bailiff cannot just turn up - the council need the liability order first and then give 14 days notice before a bailiff can be instructed.

Also taking off 60 pounds then bailiffs asking for it a few days later is not on really is it?

The bailiff can be instructed if the council wish (once they have the liability order and have given the statutory notice) in order to collect the outstanding council tax, the fact the council maydecide to waive their own costs has no bearing on the matter.

Pinktooth

What happens when it comes to the point the bailiffs come?

Because my brother and I, we have nothing whatsoever of value in the house, not even a TV set or even carpets? Only a microwave to cook cheap meals and a mobile phone (value £70 currently)

Also I owe a total £3,700 to the banks surviving on overdrafts the past year looking for a job in a jobless town even the city near has nothing I can do for unskilled.

The girl I went to see said all the court will do is ask how much can you pay a month.
IF the jobs are provided we can pay our council tax and not get into debt and mysery:T

CIS wrote: »

Check with them as they may just waived the costs rather than withdrawing the court summons.
I travelled 29 miles on two buses yesterday for a job position interview, however it took five hours total there and back thats wthout working.

However the buses or trains dont get to the job start time early enough so I have to look now for accommodation in the town if I am offered the job but of course accommodation room let landlords ask for deposit and advance rent so another hurdle to get through.





The bailiff cannot just turn up - the council need the liability order first and then give 14 days notice before a bailiff can be instructed.



The bailiff can be instructed if the council wish (once they have the liability order and have given the statutory notice) in order to collect the outstanding council tax, the fact the council maydecide to waive their own costs has no bearing on the matter.

CIS

If the bailiff return the case because they are unable to collect the money then ultimately the council may go for committal to prison. It is only at this stage the court can make any orders regarding payment.