Do I still have to pay council tax?

Zoey85

Sorry if this is in the wrong area of the forum.

After two-three years or trying to get out of debt, a year and a half ago I bascially gave up and was declared bankrupt. While I lost my house it felt worth it as I no longer had anything hanging over my head and could focus on my health which has been failing over the past three years rather than hiding from debt collectors. I moved in with my mother for a year and have just moved out into a friends house. Finally I have stopped being contacted by all the debt companies but I now have another problem.

The council contacted me last week about a council tax debt of £1200 for my mothers address. I called up and spoke to somebody who said they'd contact me within 48 hours to explain why i had to pay council tax. They called up today and said because my mother is exempt from council tax the council tax is handed to me as I was living there.
I explained that I was bankrupt and only claiming ESA to which the manager replied " Council tax doesn't fall under Bankruptcy (which I already knew) and You still owe £1200" and if I didn't pay they'll take me to court and send enforcement officers around. Now i feel as if I am right back where I started. he also said that there was a further 6 months (which i was living at my friends for) to be dealt with as well. When I explained I was not living at that address then he said that it was my own fault for not telling them and i'd still have to pay it.

is this true?? If so i don't know what I am going to do. I am utterly scared and have just been being sick all day with worry.

if it's not true what can I do?

Thanks for any help and sorry once again in advance if it's not the right area to post.

CIS

Are you in England, Scotland or Wales ?

The council contacted me last week about a council tax debt of £1200 for my mothers address. I called up and spoke to somebody who said they'd contact me within 48 hours to explain why i had to pay council tax.

Where you a resident joint owner or tenant ? The issue to consider here is one of council tax liability (which may or may not be straight forward and may require an argument over legislation). It does sound like you may have a battle with the council - that as well can be easy or hard. Some councils I speak with are very easy and will listen to what people have to say but others refuse to budge on anything,

They called up today and said because my mother is exempt from council tax the council tax is handed to me as I was living there.

Why is she disregarded (not exempt) for council tax - is she severely mentally impaired ?

I explained that I was bankrupt and only claiming ESA to which the manager replied " Council tax doesn't fall under Bankruptcy (which I already knew)

Council Tax can fall under bankruptcy - depending on the circumstances.

Zoey85

Thank you for replying.
Location
England, Birmingham.

Where you a resident joint owner or tenant
As a tenant but my mother, who owns the house, allowed me to stay rent free and i'd just give what I could to help out.

Why is she disregarded (not exempt) for council tax - is she severely mentally impaired ?
Short answer is due to her disability, house modifications and low income.
Long answer
This is a bit confusing. She was paying council tax up until Three years ago but a person from the council came around unannounced and said she no longer needed to pay due to her disabilities, low income and because the house had been altered due to her disability. I'd never heard of this before and called up the council thinking this person was a bit of a fraudster trying it on etc. However, it turned out to be true. However, they were vague on the reason why she didn't have to pay... I'd never heard of being exempt for the above reasons and ive spoken to a few people and nor had they. I called them again and they once again confirmed it. Since then she hasn't been sent tax bills etc.

CIS

If she was the resident owner and you were not (and you obviously were not a resident partner) then you cannot be jointly liable - legislation does not allow it (no matter how much the council wish to think otherwise). I deal with council's every day who try and make it up as they go or just don't bother checking out the true facts of cases - usually they can be brought around to listen but it's very one sided if you don't know the legislation and they profess to.

This is a bit confusing. She was paying council tax up until Three years ago but a person from the council came around unannounced and said she no longer needed to pay due to her disabilities, low income and because the house had been altered due to her disability.

It sounds more likely that they have awarded her Council Tax Support (means tested) rather than applied a disregard (disregards are limited in type and I don't believe one would likely fir here). That fact she receives Council Tax support does not alter who falls liable for any Council Tax charge which is due (for various reasons).

CIS

Since then she hasn't been sent tax bills etc.

Something is odd here - even if a person is awarded something which covers the Council Tax charge in full (for example an exemption or full Council Tax Support) they should receive at least one annual demand notice (plus a revised demand notice any time there has been a change in circumstances).

Zoey85

Once again - Thank you for replying and helping.
i'm Sorry, i should have said I had a stroke a few years back and sometimes I struggle with reading comprehension, especially when I am worried like I am now.
So just to make it clear in my very worried little head - What you're saying is from what i've told you i am not liable for the council tax and there has been a mistake somewhere?

if so, how would be best to proceed with sorting it out? The council don't seem to want to know at this point. I have reading writing a letter can help especially for somebody, like myself, who struggles to communicate on the telephone.
Once again thank you so much for your help. x

Zoey85

CIS wrote: »

Something is odd here - even if a person is awarded something which covers the Council Tax charge in full (for example an exemption or full Council Tax Support) they should receive at least one annual demand notice (plus a revised demand notice any time there has been a change in circumstances).

Yep, this is something else that worried me which is why i called the second time to confirm. I am just worried by me kicking up a stink that something is going to come back on my mother and she'll be faced with a HUGE bill.

debt_doctor

Hi,
I would suggest that you make a formal complaint to the council that you are not responsible for the Council Tax at that address.

The council should then respond with their thoughts as to why you are responsible, or that they have made an error.

Make it clear that if you are not happy then you will make a complaint to the Local Government Ombudsman.

DD

CIS

Zoey85 wrote: »

Once again - Thank you for replying and helping.
i'm Sorry, i should have said I had a stroke a few years back and sometimes I struggle with reading comprehension, especially when I am worried like I am now.
So just to make it clear in my very worried little head - What you're saying is from what i've told you i am not liable for the council tax and there has been a mistake somewhere?

if so, how would be best to proceed with sorting it out?
Once again thank you so much for your help. x

From what you say I don't believe you are liable for the Council Tax charge - if I saw your situation as one of my clients I would be saying straight away that the liability should be challenged.

The council don't seem to want to know at this point. I have reading writing a letter can help especially for somebody, like myself, who struggles to communicate on the telephone.

It's not so much writing a letter to the council, it's how you word the letter to try and persuade them to listen when they seem to have already made a decision on liability as you probably need to start challenging them on a legislation basis. Ultimately, if you can't head it off, the only way to deal with it would be via a valuation tribunal.