My sister is in need of help... UPDATE

Merlot

I have spoken to my sister this afternoon, the story is as follows: she asked her husband (after 17years pure hell) to leave some months ago (council property), he wouldn't, so she did, she went to my brothers house with her two children, her husband threatened to kill her and the children, my sister got the police involved, they said they could arrest him or just speak to him, she chose for them to speak to him, anyway, he decided to move out of the property and he moved away and then she moved back into the house, got the tenancy changed over to her name only and instructed a solicitor using legal aid to start divorce proceedings.

Anyway, today the ex-husband to be telephoned my sister and informed her that he has a court date for non payment of council tax, they sent the letter directly to him, and not one to my sister, his name only on the letter. He phoned this afternoon and told my sister that she must pay this and he isn't, and that he has phoned the council and told them "the wife will pay this and not me". My sister is on benefits at the moment and has no way of paying this, she paid all of her share of the bills when they were married, i.e.the gas/electricity etc.

My sister spoke to the council this afternoon regarding the council tax bill, they wouldn't discuss it with her under the data protection act as she is not named.

What I am really asking for here, is a template letter to the effect that she does not acknowledge this debt and it is her husbands responsibility, he had the money but p*ssed it up a wall, obviously I can't use those words. My sister is very concerned that the court will make her pay cause her husband has told the council tax office "the wife will pay it". He has told my sister that he will not be attending the court hearing and my sister wants it in writing that she does not acknowledge the debt at all. The court date is on Monday of next week.

Any ideas what to put in the letter.

Any help most appreciated.

Merlot

pippo

Sorry Merlot, not sure where you go from here - a £5 for a half hour with a solicitor perhaps or Cab... I don't know but this reply may keep you 'bumped up'.
Pip

Merlot

I know pippo, she has phoned a few solicitors today, no appointments until next week available. The CAB is appointment only and again no appointment until a week on Monday.

pippo

bummer, I would have thought that if council won't speak to her re debt then she is not liable... but on the other hand i guess those living there should pay??
as I said no real advice to give, but good luck.
Pip

gilligansyle

If the letter is addressed to him at his new address, does it relate to the joint property. If so, they would surely have sent your sister a letter too. If the council won't discuss it with her, it seems likely that its nothing to do with her and he is just trying it on. Sorry can't be much more help than that.

Imagine if everyone who split up said ' the wife/husband's paying it' and just walked away!

poppett

Hi Merlot, you've advised me a couple of times so I hope I can repay you now. But this is only a thought and like the other replies I suggest your sister sees someone professional about this.... if the summons is in his name then I'm pretty sure he is the one who has to appear, he can't pass the buck if your sisters name isn't on there. Besides, you say your sister had moved out and the police were involved in incidents with her and her hubby....well surely if she can prove she wasn't at the address during the time he didn't pay his council tax she can't be liable for it surely? Hope she gets the right answers soon, it must be very worrying on top of all she has been through. Take the first available appointment, it will come round quick enough.

fermi

I believe Council Tax debts are subject to "joint and several liability" and are one of the few cases where anyone living at the address is liable for the bill whether named or not. But proving when you were residing at the address may make that important difference.

As others have said, it's vital to get some professional advice ASAP.

Maybe start with: National Debtline - Tel: 0808 808 4000

Merlot

Many thanks for your replies. She was only out of the house for 3 weeks, as after the police had strong words with them, he upped and left.

It is a difficult one, she has been to the council tax office today as well and they wouldn't speak to her again under the data protection act, as she is not named. I live a few hundred miles away from my sister so I have not
seen any documentation or heard the phone calls to her from him, but he is being a real nuisance harassing her all the time regarding money. My sister has paid every other outstanding bill on the property, and my father offered to pay this for her as well, but as I already mentioned she went to the C/T office today and they wouldn't discuss it.

I just wished I could sort this one out for her, or least reassure her that bailiffs will not come to the house. My father wants to put it in writing that she hasn't had any letters informing her of the outstanding debt, and that she isn't refusing to pay if the debt belongs to her as well, but as of yet has no acknowledgement of the debt from the council.

locutus2003

Merlot

Gosh I'm so sorry - what a dreadful situation for your sister.

I agree with the others - she really does need to get professional help. There must be something in the fact that if the council can't talk to her because of Data Protection she surely cannot possibly be liable for anything. I can't believe that she can be liable for anything that someone won't talk to her about. However, I really don't know for sure - but that might be an avenue to explore.

I also don't think a court could possibly just take your sister's ex-hubby's word for it.

I'm really sorry Merlot as I don't think I can help and you've been such fantastic support for so many other people here. I'm sorry I can't be more helpful - but I hope that your sister finds a resolution soon.

xx

catseyes22

I think I might ring the council tomorrow and tell them that my next door neighbour is going to pay my council tax for next year!

If the debt was in joint names then they would both be liable for the oustanding amount but I'm pretty sure that if it is solely in her husbands name then she is not liable for it, especially if the council are refusing to speak to your sister. She could always ask the council for a letter of confirmation that they are refusing to speak to her so that if for any reason it comes back to bite her on the backside she has the proof that she tried to sort it out.
Just an idea.

Merlot

Again, many thanks for your responses, I've just phoned and gave my sister the number of National Debtline. Hopefully this can be resolved very soon, I'll let you know the outcome.


Excellent advice Catseye, I will phone my dad just now to pop that into the letter he is handing into the council tomorrow.


Merlot