Council Tax - currently in shock!

mony

Hi,

I don't know if anyone can help me. I have just received a council tax bill for £600 for June-Nov 2005 ! I rented a place with an old work colleague back then for 6 months and they can see that I had paid my half by direct debit for those 6 months.
Both names are on the tenancy agreement and on the council tax bill.
They said that they cannot locate the other party so I am liable. I panicked as I don't want baliffs at my door and have paid.
Surely this can't be right as they could see I was paying my half and have always paid my full council tax on time.

Could I try and locate the other party and go to small claims to try to recoup the money. It just seems so unfair and so out of the bkue 5 and 1/2 years later.

Really appreciate any advice or just to let me know I am an idiot for paying immediately.

angelflower_2

unfortunately council tax is a joint liability and they dont work in 'shares'. Same as utilites (and normally rent too - you can check your tenancy agreement).

I agree that its horrible - especially so long after the due period but I am not sure you will have any come back. I think because you have paid it, you wont have any chance of getting it back - Sorry!

zzzLazyDaisy

Thats right. CT is a 'joint and several' liability. That means you are each liable for the whole amount and the LA can go after either of you.

Yes, if you can find the other person you could send a letter before action, and if he still didn't give you his share, you could issue proceedings in the small claims court. This will cost you money, and even though there is probably a fair chance that he'll ignore the court papers, so you'll get judgement against him easily enough, the chances are he will have moved again, or have no money or possessions. In that case you will never see your money.

dancingfairy

Nope I don't think you were an idiot - the only sensible thing to do in that situation would be to pay up immeadiately to avoid further costs etc. One wonders why they hadn't conntacted you sooner - perhaps they were trying to trace the other party or it just got put to one side but sadly you were both liable for all of it so if one person dissappeared then it falls to the other to pay it unfortunately - the council don't know or care the set-up between you - ie you pay the council tax and your partner pays the rent, or whether you pay 50:50 for all the bills or whatever - the bill is due and must be paid so you've done the right thing.
As you said you only hope is a small claims court but is this realistic? can you find the other person? can you afford the court fees and hassle? o.k the fees are probably minimal but given you've had to shell out for the council tax already it might be throwing good money after bad and if the other person has given the council the slip can you find them? will they have any money to chase - you might get a judegment in your favour but then have to pay to enforce it and if ex-business friend hasn't got any money or wants to play silly games then you are in for the long haul. Having said all this it has occurred to me that you will have difficulties proving you are owed the money - like the council the courts won't necesarily know how you decided to split your living costs between you unless you can provide some form of proof - ie a written statement saying I'll pay half of all bills etc - without that it is fairly obvious with bank records etc that you have paid your half but whether that will be enough to get a judgement in your favour I don't know.
In short I think you might have to accept the loss and move on
df

savingwannabe

The same thing happened to me when i lived in rented accomodation. I am sorry for you. If you ring them they should let you pay it in installments.

shikor

i moved to my current address 3y and 7 month ago. I lived in the same borough for 17 years. when i moved I notify the council, but they never send me a bill. last week i received one for £4610.00 and was asked to pay. I have huge debts and paying areras for rent. Can anyone advice? what are my options?

CIS

i moved to my current address 3y and 7 month ago. I lived in the same borough for 17 years. when i moved I notify the council, but they never send me a bill. last week i received one for £4610.00 and was asked to pay. I have huge debts and paying areras for rent. Can anyone advice? what are my options?

Did you not think of contacting them ?

They have 6 years from the date the bill is issued to obtain a Liability Order from the court - in real terms, if you don't pay the balance given then you'll have around 6-8 weeks maximum before they obtain the Liability Order.

Once a Liability Order has been granted the council have powers to recover the money - bailiff, bankruptcy etc