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council tax avoidance

Hi all.

I live in Scotland and have recently split with my partner who left me with a list of debt that she took out in my name. One of which is council tax, both our names are on this but my wages were arrested and I had a payment plan set up with a DCA which I have been paying alone. The DCA has said that they have written to her for the debt as well and because I am paying it and she isn't they can't comment on her part of it. Also if I didn't pay my part as she isn't with hers then I'm sure I would end up in court for not paying this. So why is she getting off with paying the joint debt? Is there any way i can get some of this back?

Thanks in advance
Remaining Debt - starting - £1609.44/current - £1457.73

Comments

  • Council tax is a joint and several liability which means the council can go after one or both of you for the whole outstanding debt.

    It is not split 50/50. There is no 'my half' 'her half' it's the whole amount.

    In this case they got you.

    If you know where your ex is technically you could send her a letter before action then raise an issue for the debt. But you would have needed to pay for it all as at the moment she probably owes you nothing.

    I'm sure others will be along to offer more advice.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • Kitten868
    Kitten868 Posts: 1,785 Forumite
    Sixth Anniversary 1,000 Posts
    Are you disputing that you owe money on these debts? Should you not have been named on the council tax? If so contact action fraud.
    Loan 1 £5200/£8000
    Loan 2 £300/£5800
    Total £5500/£13800
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If a couple are resident together then (in Scotland) s77 of the Local Government Finance Act 1992 makes them jointly liable for the charge even if the standard joint liability under s75 didn't.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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