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  • #1

    Council tax liability order

    Hi people,
    I've recieved an order from the council for money owed on a period of 6 months before my house was repossessed. The house was empty for the period.
    It started out them pursuing my ex for 12+ months, this is from the time she moved out, to the time sold.
    I court date was set for the 12+ months alegidly owed in her name.
    I got involved stopped the court hearing and provided relivent is info to council and got this reduced to 6 months.
    This didn't get paid.
    Now I got taken to court and issued with the liability order and my ex hasn't.
    So can I appeal this in any way??
    Any advice most welcome
    Thanks
    Tags: act, address, advice, april, con, contact details, council, council tax, court, date, details, homes, house, liability, money, order, owed, paid, people, properties, repay, repossession, scrapped, summons, tax, tps
  • #2
    Re: Council tax liability order

    hi Peter,
    Presumably you've informed the council that the house was empty for 6 months pending repossession? Have they not offered any discount?

    Unfortunately since April 2013 the 6 months grace without paying council tax on empty houses was scrapped and each individual council makes their own decision about whether to give a discount

    https://www.gov.uk/council-tax/secon...pty-properties

    Comment

    • #3
      Re: Council tax liability order

      Hi Elsa,
      Yes, it got discounted and only liable until it was repossessed.
      The thing that's bugging me is, the council pursued my ex until I stepped in to sort the mess out, which I willingly did as I except that there is liability for us both equally.
      Why have the council taken me to court and not her? That's what I don't understand?
      The first summons was to my EX as they didn't have my contact details because I hadn't lived in the house for 4-5 years.
      Once I sorted this mess out they had my address too, but only took me to court?
      Confused :/

      Comment

      • #4
        Re: Council tax liability order

        I'm no expert but I'd assume that both you and your ex are liable however they can and usually do go after just one of you. Usually the one who they feel would be in a better position financially to repay it.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: Council tax liability order

          This is what I'm thinking sxguy thanks, but wouldn't it be better to take us both to court?? as they have the power to take money at source.......

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          • #6
            Re: Council tax liability order

            Plus, they have no idea of my financial situation?

            Comment

            • #7
              Re: Council tax liability order

              Maybe not yours. But how did you get them to stop chasing your ex? Did you give them a hint that your ex isn't financially able and thus a waste to chase? By way of deduction they may have took that as a green light to pursue you instead.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Council tax liability order

                I Never mentioned a thing, I always agreed there was money outstanding between us, just wanted to get to the true amount, which we finally did.
                I've ended up lumbered with it, so,
                Is there a way I can dispute this?

                Comment

                • #9
                  Re: Council tax liability order

                  Maybe it's just a case of their were getting no where with your ex but when you stepped in their had a point of contact so went for you instead. As I say it happens. Don't really know how you get out of it. Hopefully someone else may.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: Council tax liability order

                    Ok, thanks SX.

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                    • #11
                      Re: Council tax liability order

                      Hi, Anybody know if I can dispute this?

                      Comment

                      • #12
                        Re: Council tax liability order

                        The council will have an appeals process. Which council is it?

                        I had a similar situation with my son when he left a shared house and the remaining house mate didn't pay the council tax. Housemate eventually left and disappeared but the council found my son and tried to charge him the whole amount. I got it reduced for him to just the amount for the point until he left, but even though I tracked down the ex housemate and gave the council the address, they still made my son pay the full liability order by instalments (less the amount after he left).

                        It seems, and indeed is, most unfair, but the law says that you are jointly and severally liable for council tax.

                        You could either go through their appeals process or write to the council with a formal complaint, fully explaining the circumstances and asking why the liability order has been issued solely against you and not your ex too, after you only stepped in to help.

                        Comment

                        • #13
                          Re: Council tax liability order

                          Hi Elsa,
                          I've got to them bottom of it, apparently the order is made to both of us separately, and for us to come to agreement to on how to pay. If a payment plan is not made in 14 days an attachment to earnings is made, but, can only be made on one of us.
                          So kinda sorted now, just have to get the stubborn ex to see this and not ignore.
                          Anyway thanks for all your inputs SX and Elsa
                          Xxx

                          Comment

                          • #14
                            Re: Council tax liability order

                            I'm glad you've made some headway Peter. Good luck dealing with your ex!

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