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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am jointly liable. tax debt previous property.

Resolved Question:

I am jointly liable.for council tax debt for a previous property. The other person is refusing to pay and isn't accepting.they are liable. I have to pay over £1000 back how do I go about getting the other person named on the debt to pay half of it? I accept I have to pay it but I am not paying all of it as it's joint. He lived at the property and I have a tenancy to prove this. Do I have to pay the full amount of.the debt myself before I can take him.to court? Or can I take him.to.court to get him to pay his half?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Sadly you are joint and severally liable - which means you are liable for the whole amount.Therefore you can pay it and claim back their share of the debt. You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Thank you so much. I will proceed to court after I pay the debt as I'm still paying it off. Wasn't sure if I had to pay it all or take him to.court now. It's with the bailiffs now so paying it off still. I'm satisfied with your reply thank.you
Expert:  Ash replied 1 year ago.
You can do either. But you can charge him the bailiff fees etc too
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
I think so. So I have to pay the full amount off then take it.through the court? Or I can take him to court now so I don't have to pay his half too? And I can claim back the bailiffs fees too
Expert:  Ash replied 1 year ago.
You can do both but in the meantime if you do the latter, then you are still responsible for any arrears if they occur. You may want to pay it sooner to prevent any legal costs and enforcement action
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
It's for a period relating to 2011-12 so I won't owe anything else other than the bill that I have received. Thank you for your advice. I will check how.much I have paid to bailiffs and will proceed to court as I have the forwarding address for.the other person now but they might try to move by the time I pay it off. Thank you
Expert:  Ash replied 1 year ago.
Happy to help. If I could also ask you to rate my answer before you go, otherwise the site doesnt credit me with the time spent with you.
Expert:  Ash replied 1 year ago.
Thanks and good luck. Alex
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