Council Tax / Bailiff Help

Divorcing

Hi all

My estranged wife & I were trustees for a Trust where our children were the beneficiaries. The Trust owns a property and this transferred to us and held in Trust for them. We separated in 2012 and I have just learned that since then the Council Tax has not been paid. The Council have obtained a Liability Order and have instructed Newlyns bailiffs.

I'm contesting this as I do not believe I, personally, owe the money. This is a Trust debt and Trustees as far as I'm aware cannot be held liable for Trust debts. I've raised this as a complaint with the council. If anyone can assist with this that would be great!

If however Newlyns do come out I am well aware that they will not care or probably even listen to that! The only asset I have is a car worth about £3,500, which I use in the course of my work and have business insurance to prove this. Also my flatmate paid £600 of the £2,700 tp purchase it. She is named on the 'Trade Sale Invoice' bot not on the log book as as I understand it you are only allowed one registered keeper and besides I am the RK. Would the invoice be enough for them to leave the car alone?

I had an issue before with bailiffs and know how useless they are so was also thinking of a pre-emptive strike, emailing them to say the car is used for business, is part owned by someone else and as such they cannot enforce against it. Including of course the proof of this in the form of the receipt and if you advise my flat mates bank statement showing the payment for the car and my insurance certificate.

Any help or assistance on this would be greatly appreciated, thanks for reading!

CIS

My estranged wife & I were trustees for a Trust where our children were the beneficiaries. The Trust owns a property and this transferred to us and held in Trust for them. We separated in 2012 and I have just learned that since then the Council Tax has not been paid. The Council have obtained a Liability Order and have instructed Newlyns bailiffs.

Who is the legal owner on the land registry documents ?

fatbelly

Was anyone living in the property during the period in question?

Divorcing

We are named on the Land Registry documents but as I say we have no beneficial interest in the property.

No one was living in the property at the time.

fatbelly

I think CIS will confirm that you are liable

As regards the car used for business purposes, only items up to £1350 are exempt. Unless you can show it's completely owned by a third party, it will be at risk

If you are still at the compliance stage you should try to arrange a payment plan.

Divorcing

fatbelly wrote: »

I think CIS will confirm that you are liable

As regards the car used for business purposes, only items up to £1350 are exempt. Unless you can show it's completely owned by a third party, it will be at risk

If you are still at the compliance stage you should try to arrange a payment plan.

Thanks but there is no way I am paying this.

So are saying even though my flatmate owns part of the car they can still take it?

CIS

fatbelly wrote: »

I think CIS will confirm that you are liable

As regards the car used for business purposes, only items up to £1350 are exempt. Unless you can show it's completely owned by a third party, it will be at risk

If you are still at the compliance stage you should try to arrange a payment plan.

I will - under section 6 of the local government finance Act 1992 a non-resident owner is liable if no-one is resident in the property.

A beneficial interest is not necessary.

Divorcing

Right now I need to find out how I can remove my name from the title deeds without my soon to be ex Wifes permission! Anyone know how or even if this can be done?

MEM62

Do you really have such little regard for your children's assets? Being a Trustee comes with commitments. You cannot just drop your responsibilities and walk away from your obligations because they are now inconvenient. And I doubt very much whether you can just walk away and leave your ex lumbered either.

You need to discuss this with your fellow trustee and resolve the situation.

Divorcing

MEM62 wrote: »

Do you really have such little regard for your children's assets? Being a Trustee comes with commitments. You cannot just drop your responsibilities and walk away from your obligations because they are now inconvenient. And I doubt very much whether you can just walk away and leave your ex lumbered either.

You need to discuss this with your fellow trustee and resolve the situation.

Seriously you do not have the facts but seem to jump to Judgment, I find that is what with wrong with too many people here nowadays. It used to be a site where people asked for help, and that was what they got.

For your information both beneficiaries are now adult and entitled to run the trust. And as for lumbering my ex, don't even get me started there! But suffice to say she was fully aware of this for 2 years, ignored all letters and didn't even forward anything to me so lets say if she is 'lumbered' it is of her own doing.

[Deleted User]

Divorcing wrote: »

is part owned by someone else and as such they cannot enforce against it.

This is incorrect. They can enforce against joint owned items.

Divorcing wrote: »

So are saying even though my flatmate owns part of the car they can still take it?

Yes.