CCJ for Tenants who have gone their separate ways 3 November 2022 at 10:48AM in Credit file & ratings 5 replies 252 views

The_Governor

My daughter lived with a friend for a year or so, and for reasons unknown they thought they could not pay their council tax. They've since parted ways, my daughter now lives with her boyfriend, her friend has gone off elsewhere.

Today my daughter received a CCJ addressed to both her and her friend at her new address for £1300 (the amount of council tax owed), my daughter can cover her proportion, but her mate is saying she can't (won't). Can my daughter pay what she owes and have the council chase her friend for the rest, or is my daughter liable for the whole amount?

Hopefully that's clear, I've never had to deal with CCJ's etc before...

MorningcoffeeIV

They're both jointly and severally liable. There is no 'share' or 'proportion'.

So the whole amount needs to be paid for it to be settled, whether that's by one person or split.

molerat

They are jointly and severally liable for the debt so your daughter can be held liable for the whole debt.  If your daughter thinks the friend has money then she could take her to court for her part.  What has she actually received in the post ?

The_Governor

Thanks guys, it's as I suspected to be honest. As it turns out the Council have said it's a Local Court summons, not a CCJ so as long as it is paid there's no adverse affect on credit ratings etc They've agreed to take £100 a month to clear it and my daughter will have to get her friend to pay up!

CIS

The_Governor said:

Thanks guys, it's as I suspected to be honest. As it turns out the Council have said it's a Local Court summons, not a CCJ so as long as it is paid there's no adverse affect on credit ratings etc They've agreed to take £100 a month to clear it and my daughter will have to get her friend to pay up!

Yes, council tax doesn't involve a CCJ. Council Tax uses a liability order via a magistrates' court instead - more immediate powers to the council for collection, but doesn't go on a credit record.

Was your daughter a joint tenant of the whole property  ?

macman

Once they have a liability order, this can then be used to apply an attachment of earnings order or deduction of benefits. More rarely, a charging order.
If the OP's daughter's friend isn't willing to contribute, there is no way to compel her to.