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Council Tax Dispute...Advice needed ASAP!!!

Hi I'm not sure I've posted in the right forum but couldn't find anything else that was suitable.

Ok, loooonnnng story! A few years ago I used to live with a friend, whilst I stayed there we never paid council tax :( After 9 months of living together, I moved out and he said he'd go in and see the council and set up a payment plan and take my name off of the register. That was the last I had heard/thought of it. Since then I've lived in about 7 different houses, everytime I've been staying with friends/family and since they had always paid full council tax and my stay was only ever temporary no one ever registered me on their CT "/
I've recently received CT bills for 3 years at that address for about 4 grand. I've been in touch with my old flatmate to come and see the council with me to get it sorted and obv take my name off the bills I don't actually owe. He's been fobbing me off with stuff like not being able to get away from work blah, blah, blah... But I now Know he doesn't want to go in as he owes them other money from his ex council flat (last I heard he was being threatened with eviction) so I can only assume he owes rent/CT for that and has left hastily. He did tell me that he's now staying in a private let in someone else's name and doesn't want to give out his new address. I know the council aren't just going to take my word for it if I tell them when I moved out and any bills etc with other addresses on it won't provide as evidence.
Fortunately our old landlord works in a local doctors surgery so I have left a message asking him to contact me. I'm hoping he can write me a letter stating when I moved out that way I can clear my name with the council with it. My old flatmate once again left this flat hastily and owes him quite a bit of money too. He hasn't got back to me yet and I don't want to pester him at his work but this is my only lifeline and I don't see why I should be paying all that money for him to get away with it.
I know where he works, don't know his current home address but I could easily find it out, should I tell the council this information?
Any advice on what I can do if I don't get that letter off the ex landlord or is that my only hope?
I'd like to set up a payment plan to get my share clear but I read somewhere online that if several people owe on the one account when one person starts paying it the council won't chase the others, I really don't want to pay anything for him! I'm already payment off a 500 quid phone contract which I stupidily got in my name for him then he bumped it :(
Any advice would be greatly appreciated...I'm going out of my mind with stress!!
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Comments

  • My OH had a similar problem (the landlord should have been paying but didn't). I offered the council to pay her share but they said if her name is on the bill they would accept the money but if they couldn't get money from the others on the bill she'd still be liable for the rest.

    The council will go after the easiest route so if you start paying and he doesn't they'll most likely come to you for the rest.

    You need to prove to the council exactly when you lived there and as your flatmate doesn't sound like a very reliable friend, if his name is also on the bill and you don't want to pay both halves for your 7 months there, then yes tell the council where they can make contact.

    Worse comes to worse you should only be liable for your actual time at the property.
    In the game of chess you can never let your adversary see your pieces
  • Thanks, I'm gonna have to get that letter off the ex landlord. I'm hoping that if I tell them where he works they can arrest his wages for his half that way, not sure how that'd work though.
  • Okydoky25
    Okydoky25 Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts
    Where you never registered on an electoral role at a dif address or where you bank accounts etc never moved to new addresses? Both of these can prove you don't live at the address for the 3 years they believe.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    th council will require proof of you moving out however while wating on this they wont stop enforcement

    you should e-mail /write (recorded delivery only) to the council informing them when you lived there when you moved out and inform them that while the remainder of the debt is in dispute you will pay £xxxx per month TO BE PAID BY THE END OF EACH CALENDER MONTH for the 9 months council tax you owe

    be aware that regardless of most of the debt being in dispute it wont stop enforcement and the council will send the debt to the bailiffs
    you must make sure you do NOT under any circumstances let a bailiff into your home to levy goods and if you have a vehicle don't park it near your house

    DO NOT UNDER ANY CIRCUMSTANCES SPEAK TO THE BAILIFF UNLESS YOU CAN RECORD THE CALL
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • Okydoky25 wrote: »
    Where you never registered on an electoral role at a dif address or where you bank accounts etc never moved to new addresses? Both of these can prove you don't live at the address for the 3 years they believe.


    I was never registered on an electoral role and my bank account was at my mums address the whole time along with my work,phone bill etc.

    I'm just off the phone to the council and they said that he never removed my name from the CT register until he moved out and the landlord removed us both therefore no other paperwork will work anyways. They can chase him at his works address and if he doesn't reply to the letter then his wages will get arrested.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have no idea if this would suffice but its worth a shot

    A statutory declaration is a legal document and it may be worth checking with a solicitor if this would be sufficient to give to the council

    basically you are saying under oath that you moved out of address xxxx on date and moved to address xxxx

    there is a very good poster on here who works in council tax recovery who may be able to help you with the answer to this also and I'm sure she will be along soon as she is on here most days
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • Thanks Hallowitch...When I spoke with the council they suggested I started to pay something towards the debt so no further action was taken and when I get the evidence I need to them then the account can be altered.
  • Azari
    Azari Posts: 4,317 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'm just off the phone to the council and they said that he never removed my name from the CT register until he moved out and the landlord removed us both therefore no other paperwork will work anyways. They can chase him at his works address and if he doesn't reply to the letter then his wages will get arrested.

    His wages may be garnisheed. :)
    There are two types of people in the world: Those that can extrapolate information.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've been staying with friends/family and since they had always paid full council tax and my stay was only ever temporary no one ever registered me on their CT "/

    You fell in to the common trap of not notifying the council of when you vacated the property and they have therefore continued action under the belief that you were still resident.

    They now have to look at it from the point of view that a person, who they show owes money, now claims not to. On this basis they will, quite correctly, ask for supporting evidence before making any changes.

    You have helped the council by providing contact details for your flat mate so that does go in your favour but the best thing to do is to try and get your ex-landlord to contact the council or provide a letter to you.

    In principal the council can use regulation 3 of the council tax (administration & enforcement) regulations 1992 to request the details from the landlord but they don't have to do the chasing.

    I'd like to set up a payment plan to get my share clear but I read somewhere online that if several people owe on the one account when one person starts paying it the council won't chase the others
    All liable parties named on the bill are each liable for payment of the full balance and can be pursued for this at the council's discretion.
    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.
  • Thank you CIS for the reply. Hopefully I can get him to contact the council without the need to enforce anything.
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