Historic Council Tax Issue

Irish_lad80

davidmcn wrote: »

Yes, it is just you. And the debt we're talking about isn't even yours! What's your friend's opinion about it?

No the debt is not but I was asked the question what would I do, hence my response.


Friend is still a bit shocked tbh. She is trying to find the others involved at the moment (but with little success) and to contact the council. Was on hold for over 20 min yesterday and didn't get through. She will give it her whole lunch break today to see if 45 min is enough time to get through and discuss. She, at this stage is willing to pay some of the balance outstanding, maybe even a third but does want to see all the records the council have first to make sure there have been no errors on the councils side.

Irish_lad80

AdrianC wrote: »

But they owe you the full amount...

But again common sense and payment history shows that it was being paid by a number of people not just one, while I now know legally they are deemed as one for the liability and I am within my right to only chase one and take the money from them. After this length of time I would look at the circumstances and payment history since, then try to negotiate a fair outcome from each of the people registered.
Think we can agree to disagree on this one as neither of us will change our opinion.

AdrianC

Irish_lad80 wrote: »

But again common sense and payment history shows that it was being paid by a number of people not just one

No, it shows it was being paid. Full stop.

Think we can agree to disagree on this one as neither of us will change our opinion.

The difference is that I'm telling you the actual reality, you're telling me what you want it to be.

You call it agreeing to disagree, I call it burying your head in the sand...

Irish_lad80

AdrianC wrote: »

No, it shows it was being paid. Full stop.


The difference is that I'm telling you the actual reality, you're telling me what you want it to be.

You call it agreeing to disagree, I call it burying your head in the sand...

Neither of us know exactly what the payment history/statement will show, but my friend has a recollection of it being paid on a card in the local newsagent and each person in the house doing it, not sure if that makes sense to anyone or not.


You gave me a hypothetical situation and asked for my opinion, therefore I can't be burying my head in the sand.
As for telling me how it is, the 4 people being counted as one and it's not the councils problem I can see and agree with. I thought/hoped as you did there maybe some statute of Limitation but clearly there is not. Without seeing any of the councils documentation so far yes the council is entitled to reclaim from the first person they find and the others get away free.
I was merely looking for advice for my friend, of which sadly there doesn't seem to be much available apart from get used to beans.
I also know across all walks of life negotiation can happen and rules not rigorously enforced if there are mitigating circumstances. I was hoping that councils would look at the overall situation, they may, or may not. Time will tell.

sheramber

Irish_lad80 wrote: »

Neither of us know exactly what the payment history/statement will show, but my friend has a recollection of it being paid on a card in the local newsagent and each person in the house doing it, not sure if that makes sense to anyone or not.

A council tax swipe card which could be used where Pay Point was available.

Was the full payment due paid or did she only pay what sh considered her share?

lincroft1710

Give this one up!

Your friend has been legally pursued for the debt, there are no "mitigating circumstances", no "negotiation" (except possibly on payment, but not amount). It is highly unlikely the council will have got the sums wrong.

Rich2808

Am curious as to how the OP's friend was tracked down after 10 years.

Were they the named person on the bill at the time - hence they accepted liability back then?

Normally when you move out you should notify the council you are moving - and your new council - and settle up whats owed. Not easy when you are sharing a place - but its a lesson learned.

I would check with the council - the burden of proof is on them. But you don't want your credit rating messed up - it could affect your ability to get mortgages and credit cards.

CIS

Council Tax does not affect credit rating.

The court have agreed the amount is outstanding and the council have determined liability. There is no further proof required by the council - if a debtor disputes liability the onus is on them to prove it by way of a valuation tribunal appeal.

00ec25

Rich2808 wrote: »

Am curious as to how the OP's friend was tracked down after 10 years.

Were they the named person on the bill at the time - hence they accepted liability back then?

granted the thread is now rather long but OP posted: a) all 4 are named on the bill and b) Op's friend lives and pays CT in "SE London". Anyhow, more importantly they do not have to "accept liability" by being named on a bill, statute law clearly defines who is liable for CT and it is not necessary to be named to be liable. read up on "hierarchy of liability", it will be listed on every council website across the Uk as it is the basis of everything.

Councils are allowed to share data between themselves and there is a whole industry within town halls devoted to "data matching" which will identify people moving around. There is of course also the whole suite of basic checks that any "tracing agent" (private detective!) can use such as phone books, NI numbers etc

as to why they have waited 10 years who knows, lets just assume that it is now a financial necessity that they collect old debts and maybe they have now got as far back as 10 years ago

phillw

00ec25 wrote: »

as to why they have waited 10 years who knows, lets just assume that it is now a financial necessity that they collect old debts and maybe they have now got as far back as 10 years ago

A friend of mine had collectors for a 2 year old council tax bill that she was somehow unaware of sent to her estranged half sister. We have no idea how they linked my friend to that address, it created fireworks.

By the time she found out about it they had passed the debt back to the council. I suspect they would have tried again eventually if she hadn't paid it.

I certainly wouldn't agree to a debt from 10 years ago. I'd start with I'm sure I paid it, but I no longer have details going that far back. Ask for evidence of the period that the council tax was due. Exhaust every avenue of getting the figure down, then appeal to their fairness and their desire to write the debt off and pay what share I owed. If all else fails then tell them you can't afford it and offer to pay £1 a week.