Council tax headache!

Havoc88

Hi all,

I need some advice about a council tax issue that’s become a real headache. Between 2016 and 2020, I was living with my wife at X. We separated, and I moved out in January 2020. At that time, the council tax account was a joint one in both of our names, but when I left, the account was closed, and a new account was opened in my ex-wife’s name because she stayed at the property.

When I left, I made sure to leave her money to cover council tax and other costs like the deposit, and she assured me she’d sort it out. From what I understood, she did take care of it. She later filed for an IVA (Individual Voluntary Arrangement), and this included the council tax debt from our old account.

Fast forward to 2021, and I started getting chased by the council for unpaid council tax from the old account. Her name had been removed from the bill, and somehow, I was now being held responsible for everything. I called the council back then, explained that I’d moved out in January 2020, and said it didn’t make sense. I told them I was going through a divorce and would look into it. After that, I didn’t hear anything for a while.

Now, out of the blue, they’ve sent me another bill for the same thing, saying I’m the only liable person. I called the council to ask for the original bill from 2018, as I’m sure both of our names were on the account. Meanwhile, I got my ex involved again, and she confirmed that this council tax debt had already been included in her IVA. CreditFix, the IVA company, even sent an email to the council back in 2021 requesting the necessary details to process the payment. The council, however, didn’t respond to that email or fill out the required paperwork, and instead, they put the debt in my name and started chasing me.

CreditFix has now sent another email to the council requesting the same information, but the council hasn’t responded to this either. My ex is willing to ensure this debt is fully covered through her IVA, as I already paid her to cover it when I moved out, but the council is refusing to cooperate.

What I don’t understand is:

• Who authorised her name being removed from the bill in the first place?

• Why didn’t the council respond to the IVA paperwork in 2021, and why haven’t they responded to the latest email?

• How can they hold me solely responsible when it was a joint account, and I moved out years ago?

Any advice on how to resolve this would be greatly appreciated. It’s so frustrating to feel like I’m being unfairly targeted.

Thanks!

lincroft1710

The problem with a CT account where there are 2 parties (especially husband and wife) is "joint and several liability". This means that if the council cannot get any money from one of the parties they can legitimately chase the other party for the whole amount owed


Sorry but cannot help with your other queries


If you are continuing to hit a brick wall with the council suggest you get your councillor involved

penners324

Name removed because of the iva.

They'll still be blaming covid

As above.

You are liable for debt upto the date you moved out. But they're admin is terrible.

penners324

If you gave your ex the money for the council tax and she didn't send it to the council that is an issue between you and her. Which you need to include in the divorce proceedings 

uptdale

It seems pretty clear that the OP is liable for the whole of any unpaid liability for the period up to January 2020 when he was living in the property.  That applies whether or not the council has claimed or received anything for that period in the IVA.  That is the way joint and several liability works.  But he might be able to claim in the IVA if he has to pay more than his fair share of the liability.

But it also seems clear that the OP cannot be liable for any period after he moved out in January 2020 (unless he owned the property and the wife had moved out).  Joint and several liability only applies to two or more people living together in the property, and after the OP moved out the only person liable would be the wife, whether or not she could pay.