can my partner be made to pay a debt of mine from before we met? - Jacobs Bailiffs

scaredofdebt84

Please help.

I live with my partner and our 11 month old. I'm currently on maternity leave but not returning to work as childcare costs more than my salary and we are not eligible for assistance.

I met my partner in 2012 and we moved in together in 2013. I moved into his house that he already owned, bought 7 years before.

Last week I got a letter saying there was outstanding council tax on a property from 2009/2010 (so way before I even met my partner) and that Jacobs were going to come.

I called them up and explained that I have no income other than child benefit but that I wanted to set up a payment plan. They said I had to fill in an income and expenditure form.

I filled it in, but things like the mortgage cost I do not know as its not my house , i dojt know his income and we have no joint accoints or finances and so I put this down explaining so. It had a section to suggest a repayment amount so I suggested £5 a month.

I have received this reply:


Thank you for your email and attached Income & Expenditure form.



I note your comments on the form with regard to your partner.



Unfortunately, as you live as a couple now and quite clearly rely upon you partner financially, you will need to complete the form as a couple.



Please resend the completed form by 28/05/2015 to prevent Jacobs progressing with their recovery where you will incur further costs.



Yours sincerely


Can they do this?? I am really worried and don't want my partner to know about this. Surely he can't be liable for my debt but they are threatening me with bailiffs unless I tell them all his details??


Please help I feel like running away.

-taff

Your partner has no liability for your debt at all. no matter what they say.

Someone else will be along soon with more advice.

abbiesmom

Partner isn't liable for your debts. Can you get this bill passed back to the council?

My suggestion would be to write to them again setting out your payment plan of £5 per month including the first payment.

Council tax is a priority debt but they can't have what you don't have to give.

scaredofdebt84

This is the council! I'm worri d they're just going to pass itb o bailiffs like they're threatening.

-taff

Even if they do pass it ot the bailiffs, the cannot enter your home if you don't let them, and they cannot take what's not yours.

dancingfairy

Have a look at this page from the national debtline here:
https://www.nationaldebtline.org/EW/information/debt-types/Pages/Council-tax-arrears.aspx
Are you sure this debt is yours?
Do you agree with the amount owing?
Have any relevant discounts been applied (such as single person discount if you were a single person).
Do you have any proof of telling the council that you had moved out and given them a new address? (I doubt you would from that long ago but you might have).
Assuming you are not challenging the debt or the fees I would write (hard copy not email) to the bailiffs and the council and state the facts. You are a stay at home mum, you rely on benefits and you can only afford x per month. Email is fine for speed but should be followed up with a hard copy.
If you are struggling do seek reassurance from National Debtline or Stepchange but hopefully once you have read the factsheet linked to you will feel much more in control of the situation.
df

sourcrates

Hi,
They are basically saying that as you live as a couple, they require you to provide them with your joint budget commitments.

They are not trying to suggest anyone, other than yourself, is liable for the debt.

scaredofdebt84

Yes but by asking for details of his income and expenditure (is his disposable income) and taking that into account, and basing how much I can afford on what his income is that is in a round about way expecting him to pay isn't it? Otherwise it wouldn't matter what he esrns. I gave them a brakfown of what my income is and what my expenditure is.

sourcrates

scaredofdebt84 wrote: »

Yes but by asking for details of his income and expenditure (is his disposable income) and taking that into account, and basing how much I can afford on what his income is that is in a round about way expecting him to pay isn't it? Otherwise it wouldn't matter what he esrns. I gave them a brakfown of what my income is and what my expenditure is.

Yes I understand what your saying, remember, you are under no obligation whatsoever to provide them with any personal information, you can tell them you are not prepared to divulge that information to them, or to anyone else.

DorisTrousers

Without entry, Bailiffs are little more than glorified debt collectors and have less legal power than they would have you believe.

Couple of questions though. Do you own a car yourself? Do you have any other debts that you are trying to deal with or are outstanding?

National_Debtline

Hi there,

There have been some really good tips on this thread already, so I just wanted to add a few extra bits. Jacobs is a bailiff firm, but –taff is right, they can only come inside your home through open or unlocked access or if you invite them. So from now on, until the debt is dealt with, you will need to keep the house locked and secure and make sure no one lets the bailiff in (you may need to tell you partner about the debt so he knows this, because if he does let the bailiffs in there may be an issue of needing to prove who owns what inside the house – which can be very hard – it is much simpler if no one lets them in at all).

And if you have anything of value outside (such as a car), make sure that you hide it – preferably on private land to prevent risk of clamping. If your partner has a car make sure he has a receipt to prove it is his, otherwise he may need to hide his to. It is important to take the right precautions against bailiffs so you can try and negotiate more effectively.

They may have asked for a household budget to make sure the household bills are split fairly, but if you do not wish to divulge this you can refuse (as the debt is in your sole name). Re-send your budget and offer, if they continue to refuse your offer then save the money to one side at home until you have enough to send to the bailiffs, or until the bailiff warrant runs out. I hope that helps,

Laura
@natdebtline