Council Tax HELP!!!

StaceyT_2 · 26 July 2013 at 11:51AM

This is a long story so will apologize but im in desperate need of help here.
I was living on my own at the start of September 2012 to October 2012 and was paying my own council tax. Then in October 2012 I had a room mate as finances were really tight. I notified the council of my room mate in November 2012. I never recieved a new council tax with mine and my room mates name on it but I was receiving still my own single council tax so I payed for my council tax from the period September 2012 til November 2012. I then just as I applied for benefits in January 2013 a big heavy bill with mine and my room mates name on the council tax and the next day was a threatening letter saying you pay or in 7 days this will go to court. I have rang my local council office several times stating its not my bill as I was paying my own council tax. The council keep changing there story..

story1) when you ring up and change your council tax you get a letter through the post (not in my case no i didn't yet they some how don't get this and this is the story they have stuck too)

Story 2) Its our fault as we never processed your new situation (only one person down they phone has said this and i believe this too be true)

I have prof only of the bills not the payment slips as my room mate decided to destroy most of my stuff.

I have been in touch with the CAB and they have said the need to provide prof that YOU owe this amount. But all I get is that from my single payment from September 2012 to December 2012 I don't owe anything and that account is now closed.. they also go on and say that not all council tax that is due on that month of for that month.. huh?? Then why send letters and threatening ones too.

All I get is being passed back and forth.

To top it of I called not long ago to state that I was homeless.. they said you HAVE to have a known address.. huh?? im homeless does homeless not mean anything to these people.. and then to be even more horrible and make me feel more small they want me to confirm this in writing.

I have been shouted at for no reason by these people.. made to feel low and small and they don't ever seem to want to listen more like talk above you and over you witch is very rude and not at all customer friendly in any part witch they should be.. they should listen to peoples cases but i don't think they know what listening means either.

Please HELP as ive had enothe of all of this now TBH.. In one way im like yes take me to court as I have no address but want it affect me on any other way?

Thank you

RAS · 26 July 2013 at 12:28PM

They are correct; not all Council Tax paid in a month relates to the month in question.

Most people pay CT over 10 months so after 5 months (August), they have already paid half the year (including September).

You have evidence that you rang them in November 2012 - you received a bill in both names in January 2013.

However by that time you were 4 months in arrears on the extra payments which triggered the demand for payment in 7 days; legally the whole amount was due in April 2012 and you lost the right to pay by installments when you accrued the arrears.

Go find out when your local coulcillors have their next surgery and take all the vediuce you have with you (preferably with photocopies to give them).

You and the room mate are jointly and severally liable for the remaing CT (you both owe the whole lot). Did the room mate pay any CT? DO you have any idea where they are?

paddedjohn · 26 July 2013 at 12:40PM

Don't forget, you were eligible for the 25% single occupant discount until your friend moved in. Are you getting any council tax support? Does your friend work?

StaceyT_2 · 26 July 2013 at 12:46PM

OK I have given them there addresses but its seems like its all on my head.. no they never payed any CT at all only I did. Also If that was true and I "owe" this money why was I give a CT letter in November and another CT letter in December with only my name on it as a single occupancy witch I payed.. also I forgot to mention I called them in January 2013 and thats when they gave me the letter and they have on there system they only "knew" about it in January 2013 even though one person looked back on all the files and said no its our mistake as you phoned us on November 2012 but I dont see why we didnt send you a letter out as the only confirmed letter was sent in January 2013. So I don't see why I should pay someone else CT when I payed in September 2012 to December 2012 but my room mates didnt. They said they want receipts for the CT I told them I dont have receipts so apparently I have no prof but shouldn't they provide me prof that I personally owe this money as thats what CAB are stating but CT want provide me prof of anything. So I fail to see how it would stand in court if they have no prof that I personally owe them money. and Its only me thats getting harassed for this money witch im sorry but I dont owe.

RAS · 26 July 2013 at 12:53PM

Go see your local councillor; when is their next surgery?

What you are not understanding is that there is a big difference between fair and legal.

LEGALLY you and your room mate are BOTH liable to pay the whole of the outstanding debt from October onwards and as far as the council are concenred you are both liable for the whole debt from Janaury until you left the property.

Agreed it is not FAIR that your room-mate did not pay her share but legally the Council can chase you for her share. That is what joint and several liability means.

There have been any number of horror stories about exs and BFs and GFs and co-tenants who have been responsible for payiung the CT bill, have taken monmey from the other householder and never paid the bill. Like the guy who gave his GF £700 and then found he still owed £1400 after she moved out.

StaceyT_2 · 26 July 2013 at 1:01PM

Thank you and thank you for understanding and no its not fair as im now having to pay triple the amount after ive already payed my share. TBH im glad there out of my life now.

Cate1976 · 26 July 2013 at 2:38PM

From what you've said, you're very angry about the situation which is understandable given the circumstances. It's going to be hard but I think you need to try & negotiate with the council in regards to getting an accurate figure of CT owed for the whole of 2012-2013 year ensuring that the 25% single person discount is applied for any periods you were the only occupant of the property and the correct amount of CTB has been applied for any periods you were entitled to it.

I agree with you going to see your local MP to help you with this. The first thing you need to do is negotiate with the council to agree the dates the property was occupied by you and your room mate. If you can't remember exact dates, then negotiate so if for example your room mate was there from end of October - Middle of January, you agree that the dates used are from the beginning of the last full week of October - the end of the week in which the 15th January was (Housing & CT Benefit week runs Monday - Sunday).

Obviously, for the period in which both you & your room mate were in the property, you weren't entitled to the single person discount. For that period you and your room mate should have paid half each but it sounds as though you've paid more than that. The council should have records of what you paid in 2012 - 2013 year and be able to access them. What I would suggest you do is negotiate with the council to pay what you can afford each week/month towards the arrears, but ask the council to do the following if they haven't already done so:

1) They try to trace your ex room mate in the hope of getting them to pay the half owed for period they were there. If the council achieve this, they refund you the difference between the half you should have paid and what you actually paid during the period.

2) If the council can't trace your ex room mate, then unfortunately, you'll have to pay the whole lot. With the help of your MP, the arrears should be calculated to take into account what has already been paid for the year taking into account single person discount for the period that it was only you in the property, and any periods covered by CT Benefit.

nannytone_2 · 26 July 2013 at 5:19PM

as the tenant, the council tax liability is solely yours.
the fact that you had a housemate meant that you were no longer entitled to the 25% discount, but the responsibility to pay was YOURS alone.
they wouldnt have billed your housemate independantly.

pmlindyloo · 26 July 2013 at 5:38PM

nannytone wrote: »

as the tenant, the council tax liability is solely yours.
the fact that you had a housemate meant that you were no longer entitled to the 25% discount, but the responsibility to pay was YOURS alone.
they wouldnt have billed your housemate independantly.

Very true, Nannytone.

What we don't know is whether the room mate was a joint tenant, both had single tenancy agreements, was a lodger or what!

Council Tax HELP!!!

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