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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I living in a house with my partner we were married and he

Customer Question

I living in a house with my partner we were married and he didn't pay the council tax bill I didn't know this until I had a letter telling me I had to pay it as he had put it in both our names so becouse I was scared as they threatened me with bailiffs I started paying it as a single mum struggling they told me they had sent him a letter as well. I have paid over half this bill now and don't think I should pay any more but they have told me they have got a levy on me and if I stop paying they will send the bailiffs around to empty my house where I live now. I am a single mum with two children I've lost my job so am claiming the dole and I also didn't live in that property for I think six months but there still saying I liable for them months as well please help me I don't know what to do as I carnt afford to pay any more
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether you are in contact with your Ex?
Customer: replied 9 months ago.
No I am not
Expert:  Ash replied 9 months ago.
Are you entitled to Council Tax benefit?
Customer: replied 9 months ago.
I have already said I'm not but still haven't had an answer I'm going to go and see a so lister next week as I haven't had an answer yet please could o have a refund as I feel let down sorry for any inconvenience but I just need answers as this is realy getting me down
Customer: replied 9 months ago.
Solister I ment
Expert:  Ash replied 9 months ago.
Its bad news I am afraid. If you were living together then you are joint and severally liable for the Council Tax.This means sadly its not split in two and you have to pay it 100%.I asked if you were still in contact as you could sue him for his share.But sadly you are both joint and equally liable for the Council Tax.However given the difficulties the Council may arrange a repayment plan given you are s single mum with two childrenI am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
I already know it's joint becouse who ever is on the council bill they are all responsable for paying it but I've already paid my half of this bill and he won't pay his half so theve told me I have to pay it all other wise they will send the bailiffs to empty my house but they won't do that to him so how do I stand with that
Expert:  Ash replied 9 months ago.
Sadly they are right, you owe the whole lot. However they can get a liability order which means they can send bailiffs in.BUT, bailiffs cant break in. Therefore if you dont let them in, they can NOT do anything.But can they be sent, in theory yes because you owe the Council Tax.They dont have to go just after him, they can go after you too. I am sorry.Does that clarify?ALex
Customer: replied 9 months ago.
But how can that be when it's in a joint name he hasn't paid anything of it but but I have as it should be shared equaly between rhe two people on r his bill as they are both responsable to pay it so why does it just go to me to pay it I don't understand
Expert:  Ash replied 9 months ago.
It doesnt work like that - they do not just after someone for 50%.You are both liable for 100% of it. So even if they get nothing from him, they can come after you for all of it.I know it is unfair but that is what joint and several is. You should come to an arrangement with the Council for payment.But that is why I asked if you knew where he was, you could pay it and SUE him for his share.I am sorry its bad news, but I have to be honest.Can I clarify anything?Alex
Expert:  Ash replied 9 months ago.
You have given a negative rating despite me giving you the legal answer. What else do you want to know? Alex
Customer: replied 9 months ago.
It's just I'm a single mum and he's working and living at home I'm on the doll and don't get much money and he's living the high life and also I wasn't living there the whole time as I can prove that as I've got all the paper work saying when I was living else where so shore for that part I shount have to pay it
Expert:  Ash replied 9 months ago.
Yes I understand that, but you said you understand what is meant by jointly liable. This means the Council CAN come after you. But you have to go after your ex. Sadly that is the law. I realise it is unfair but I can only tell you what the legal options are.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you?Alex
Customer: replied 9 months ago.
So if I take him to court and Sue him for his half have a got a good chance of winning as I haven't got much money and yes it does seem unfair as it's a joint account and they came after both of us he wount pay his bit or get back to them but I did as I new it was a joint thing so we're both liable but it seems as all rhe want to do is go after me for all of it and not him do you think I have a good chance of winning this if it does go to court and I'm sorry for going on as I'm realy upset over this
Expert:  Ash replied 9 months ago.
Yes you have a great chance of winning. I agree its unfair but you are both wholly responsible for the debt. They dont have to chase him, they can just get it off you. I know thats not fair, but of course you will winDoes that clarify?Alex
Customer: replied 9 months ago.
Yes thank you so much
Expert:  Ash replied 9 months ago.
Great. If I could ask you to re-rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Good luck and thanks. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 5 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Done
Expert:  Ash replied 9 months ago.
Thanks. Alex

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