Clawing back council tax.....

boxer69

Can any one help?

We set the council tax rate higher on the paper work to the OR due to having debt with tham at the time of the BR. Then when the new council tax yr started we increased the payments to fall in line with what we had told the OR.

We have now split and out of BR and she has challenged the council tax payments and been awarded a credit which has placed me in bedt with them. Although the council tax was in both names and fully paid up the council tax office has done this.... (they where not aware of the BR!)

Are her actions not fraudulant? and what advise could any one give me, as we both agreed to part with no debt and made sure every utilty bill was at zero when she moved out, and she is saying it has nothing to do with her.... and the council tax are threatening to take me to court if it is not paid in full...

Regards

boxer69

debt_doctor

boxer69 wrote: »

Can any one help?

We set the council tax rate higher on the paper work to the OR due to having debt with tham at the time of the BR. Then when the new council tax yr started we increased the payments to fall in line with what we had told the OR.

We have now split and out of BR and she has challenged the council tax payments and been awarded a credit which has placed me in bedt with them. Although the council tax was in both names and fully paid up the council tax office has done this.... (they where not aware of the BR!)

Are her actions not fraudulant? and what advise could any one give me, as we both agreed to part with no debt and made sure every utilty bill was at zero when she moved out, and she is saying it has nothing to do with her.... and the council tax are threatening to take me to court if it is not paid in full...

Regards

boxer69

Hi,

I'm sorry but this thread confuses me a little.

If you were both BR and living at the same address at the time, then a varying amount of c/tax would have been part of you BR, whether you put it on the BR forms or not.

This would be;
If up to date in the current year, all debts from previous years - no effect on current year.

If in arrears in current year but no final notice issued, then those missed instalments would be included, but still responsible for the remainder of the year.

Final notice issued for current year = full liability for current year in to your BR.

So they are the facts around your c/tax arrears at the time of your BR. You were not / are not allowed to pay any debts included within your BR.

The next bit gives me the confusion. What has happened since? Has your partner moved out but you remain in the property?

DD

CIS

I'd agree with DD - you need to clarify the issue.

What I'm guessing has happened is that your slightly ahead on your council tax and you've now separated. This would result in the account being closed and a credit being generated, this is the correct from of action for the council to take. Any issues over the credit would be need to be resolved between both of you however in most cases council's split any credits to try and stop any arguments.

and she is saying it has nothing to do with her.... and the council tax are threatening to take me to court if it is not paid in full...

It appears that they have raised a new account to you and you were expecting this to be covered by the credit. Unfortunately the council are correct in taking action if the monies are not paid, you would need to speak with your partner about any money.