Ex flat mate refuses to repay her share of Council tax arrears, anything I can do?

Nybor123

So, ill start from the beginning as to make more sense. I had been contacted by a solicitor initially regarding council tax arrears which had been passed over by the council (due to issues with landlord I couldn't set it up straight away, thus arearrs).
I was happy to pay this amount and had direct debits set up with solicitor monthly in order to repay. I had thought I'd paid my last monthly payment and then another one came out my account, so I contacted them to query this (as now £158 above agreed amount had been paid) and they advised it was another account with them from a previous arrears from another occupancy with joint tenant, let's call her Lisa, that I was now due to pay off- note that her name is also on this request for repayment not just mine but they had no contact info for her. This had came from 2014 when myself and Lisa had council tax arrears (which admittedly I shouldn't have avoided but live and learn) that had also been sent to the solicitors without my knowledge due to the letters being sent to my old address and not passed over to me. I have tried to contact Lisa for her share of the arrears however she has ignored all attempts to contact and has since blocked me from every method I.e Facebook WhatsApp l. She is aware that we owe this money and I have written proof of this from 2014 while discussing these arrears. The solicitor say as it's joint liability and I have already set up an agreement with them(note the notification of it being added to my direct debit was sent to wrong address and it was therefore not aware, and now automatically in agreement to repay it) they basically don't care who pays just as long as the balance goes down by one of us that's all that matters really. I got Lisa's address and place of work and provided the solicitor with this. They say they will be contacting her to advise for the debt however if she decides to ignore/not contact/not pay then unfortunately as it is joint liability the rest of the payment will fall to whoever details they have - which is me. So my question is, is there anything I can do via council/solicitor/any other means to ensure she pays her half (not small claims as this still will cost me money I don't have) or am I basically just stuck with it if she refuses to pay? That was very long winded lol thanks very much for any reply

paragon909

Normally council tax is only liable to persons named on the lease or tenancy agreement... if the council or debt collect agency wish to trace or take action again "lisa" that's up to them. You could pay the full bill then sue her for the difference by going to small claims court... If you don't pay they can arrest your bank accounts and or wages etc.

Nybor123

Thanku! Thing is, as I had paid some of the debt already due to the direct debit that had previously been set up without my knowledge, I can't come out of that otherwise they will arrest my wages. Only thing I can do is try to get in contact or hope that the letter scare her into paying what she owes. Do you by chance know if they will arrest her wages if they manage to get in contact with her place of work? I'm happy to pay my half and will but don't want to pay hers also

Nybor123

Edit: her name is on the tenancy agreement, all council tax bills/letters and the solicitors repayment is addressed to myself snd her, only they never had her address which they now do. Just wanting to know whether they will arrest her wages like they had threatened to me or if they just advise her of the debt owed and I'll just have to hope she pays up.

TELLIT01

As it's a joint liability and they already have your details the council will almost certainly simply continue to pursue you for the outstanding amount. The only safe way forward for you is to pay the remaining balance and then consider suing in the Small Claims court. Your credit rating will also be affected all the time the arrears remain, and for a period afterwards.
I accept that £160 is a substantial amount of money but I really don't see any other way forward for you.

HappyMJ

Credit rating is not affected by council tax arrears.

Council Tax Liability orders also do not appear on a credit report.

Even if the debt goes to bailiffs, solicitors or whatever then it still will not affect the credit rating of the debtor.

CIS

Simple answer, as pointed out above is that your both jointly liable and can each be pursued for payment of the full balance.

Providing she is in a location where they can enforce action then they could do so against her rather than you but equally they could continue against you instead.

Voyager2002

A slightly curve-ball suggestion, but local Councils take their orders from elected councillors. I suggest that you go to see you local councillor and explain that you have a joint liability for council tax, and that the other named person is not contributing. The councillor could encourage the collection team to contact her, although there is nothing anyone can do to stop them seeking to take the full amount from you (Councils are under a legal duty to collect all the tax that is owed to them).

NLW

Sounds like one for Judge Rinder.

paragon909

Councils can issue CCJ's against council tax or the debt collection agency.. I know because I had one on my credit file for years without a DOB and they wouldn't remove it. was due to my dad and having the same name.

Guest101

Nybor123 wrote: »

So, ill start from the beginning as to make more sense. I had been contacted by a solicitor - Debt collector, a solicitor would cost more per hour than your arrears... initially regarding council tax arrears which had been passed over by the council (due to issues with landlord I couldn't set it up straight away, thus arearrs). - Really? I don't think so...
I was happy to pay this amount and had direct debits set up with solicitor monthly in order to repay. I had thought I'd paid my last monthly payment and then another one came out my account, so I contacted them to query this (as now £158 above agreed amount had been paid) and they advised it was another account with them from a previous arrears from another occupancy with joint tenant, let's call her Lisa, that I was now due to pay off- So there are two properties where you didn't bother to pay? note that her name is also on this request for repayment not just mine but they had no contact info for her. This had came from 2014 when myself and Lisa had council tax arrears (which admittedly I shouldn't have avoided but live and learn) that had also been sent to the solicitors without my knowledge due to the letters being sent to my old address and not passed over to me. - I presume there's an order against you as well? Lucky bailiffs haven't been round. I have tried to contact Lisa for her share of the arrears however she has ignored all attempts to contact and has since blocked me from every method I.e Facebook WhatsApp l. She is aware that we owe this money and I have written proof of this from 2014 while discussing these arrears. The solicitor say as it's joint liability and I have already set up an agreement with them(note the notification of it being added to my direct debit was sent to wrong address and it was therefore not aware, and now automatically in agreement to repay it) - Well you can just cancel direct debits (and get the money back via your bank) they basically don't care who pays just as long as the balance goes down by one of us that's all that matters really. - yes that's their job... I got Lisa's address and place of work and provided the solicitor with this. They say they will be contacting her to advise for the debt however if she decides to ignore/not contact/not pay then unfortunately as it is joint liability the rest of the payment will fall to whoever details they have - which is me. - correct So my question is, is there anything I can do via council/solicitor/any other means to ensure she pays her half (not small claims as this still will cost me money I don't have) or am I basically just stuck with it if she refuses to pay? That was very long winded lol thanks very much for any reply

Your ONLY option is small claims - how much are these arrears?