HELP please

pyrorus

Ive just found out we are in arrears with our council tax. So obviously this has now become my main debt. But I am having problems talking to tht council about repayments.

We goy in arrears as our landlord decided he no longer wanted to pay the council tax and to add insult to injury he claimed back the money he had been paying since we moved in (Just over a year). I didnt think that was legal but as he didnt say the rent included the Council tax he could make that withdrawal.

The Coucil are now demanding we pay back £350 a month. Theres no way we can afford this so I contacted them and asked if we paid the £100/month normal council tax and then I will pay a futher £50 on to to repay the arrears.

The person on the phone flatly told me that if I didnt pay the £350 asked they would take us to court and refused any offer at all.

Can they enforce such a high amount or is there a way I should approach them to get the arrears repaid. I'm quite desperate as I had just arranged a DMP and The £50 was going to be tight any way and I didnt want to mess up the DMP which has literally just started.

Any advise anyone can give I would be very gratefull.

Rus

James&Shell

We got in arrears with our council tax and the council gave us plenty of time to work out a arrangement with them and we will be up to date by april ready for the new year.

If they take you to court he court will ask for your S.O.A and it will only make you pay what you can afford if you are willling to pay something they are unlikely to get the baliffs involved.

Why dont you ring your local CAB and see what they say and they might rin the council or write them a letter for you.

Good Luck

swampduck

Don't pushed into paying what you cannot afford.

Going back quite a few years ago with my now ex-hubbie. We were in a similar position but sent a cheque each month for the money we could afford, along with a letter saying what we were doing.
Each month they wrote and said we were in arrears but still cashed the cheque.
We went on like this for about 9months and never once were we taken to court, even though they threatened it - but any judge in the land will see that you are making regular payments and it all goes in your favour if you do end up in front of the magistrates.

Hold on - you are doing your best!!!


Swampy

Storm

If you've just started a DMP can you contact whoever has set this up for you and assimilate the council tax into it? As they will have done a SoA with you for the DMP you have no doubt cut back already where you can, and the £50 a month on top could push you over the edge.

Get some advice from PayPlan/CCCS/Citizen's Advice about the best way to play this - and make sure you only pay what you can really afford

pyrorus

Thanks everyone for the advise and probably letting me sleep a little easier again. I had just started getting a good nights sleep with the DMP in place and this lands at my feet.

Thanks again

Rus

lynzpower

hang on a minute

this cant be right

You signed a contract ( i assume shorthold tenancy) on the understanding that the LL would be paying the Council tax?

Does it say so in the contract?
What notice were you given ( written) that the LL would no longer pay the council tax and thus be in breach of that contract?

Storm

pyrorus wrote:

We goy in arrears as our landlord decided he no longer wanted to pay the council tax and to add insult to injury he claimed back the money he had been paying since we moved in (Just over a year). I didnt think that was legal but as he didnt say the rent included the Council tax he could make that withdrawal.

Following on from Lynz's post...

Have you checked through your tenancy agreement carefully? I can't see how he could actually get the money back from the council in the first place!

Presumably the bills were going to him and had his name on them, so I can't really see how he can now turn around and make you responsible for it - ask CAB for local solicitors that give free initial advice sessions & check this out before you make payments.

pyrorus

lynzpower wrote:

hang on a minute

this cant be right

You signed a contract ( i assume shorthold tenancy) on the understanding that the LL would be paying the Council tax?

Does it say so in the contract?
What notice were you given ( written) that the LL would no longer pay the council tax and thus be in breach of that contract?

Im already going after the Estate agents. Its a private tenacy but he used a letting agents to get the customers (us) and as soon as the contracts were complete the letting agents stepped out of the picture and it was just between us and the LL.

We were told by the letting agent that Council tax woudl be part of the agreement. We get a call then the other day from the LL the other week saying hes just realised that hes still paying the CT and hes not going to pay anymore.

I check the contract and it does not say in there about him paying it so its not his responsibility. (Yes i knoe i shuld have rechecked it before signing) So im gonna complain to the Letting agents and Im goona talk to CAB and see where I stand on the grounds were were blatently lied to.

But saying that in the time since we moved in we have found they lied and did what ever they could to get us in, so this doesn't come as much of a surprise.

But saying that the good news is that this afternoon while talking to them Ive managed to bully the local college into confirming my Girlfriends student status and so we will get the 25% discount and will be back dated. Long story where they didnt want to reopen last years registers and prove her attendance, quick mention of CAB changed there mind.

Rus

pyrorus

Storm wrote:

Following on from Lynz's post...

Have you checked through your tenancy agreement carefully? I can't see how he could actually get the money back from the council in the first place!

Presumably the bills were going to him and had his name on them, so I can't really see how he can now turn around and make you responsible for it - ask CAB for local solicitors that give free initial advice sessions & check this out before you make payments.

We got a council bill showing a minus figure ie added to amount outstanding. I phoned the council up to see what was happening and to explain it was part of the tenacy agreement and apparently he asked to claim it back and provided his copy of the tenacy agreement to show we had been living there as proof.

The council then refunded him and charged it to us. I didnt think they could do that but they have. Im gonna talk to CAB before I do anything else then my DMP arrangers so I have a full picture what I nned to do/say before I talk again.

Rus

Verbatim

Definitely sounds dodgy to me. If the agents said it included the council tax then that's your contract (verbal). Trouble is what did they tell the L/L? And if it's not written on the contract, assured shorthold?, it'll be hard to prove.

Must be worth a letter sent recorded delivery and keep a copy with the recorded slip explaining that this was the deal and the fact that the L/L continued to pay for x moths rather proves your story I'd say.

Presumably the council has taken the L/L's word for it. Can you get the agents to write to the council explaining that that was the understanding? If they said everything to get you in somehow I doubt it but give them a ring.