Council tax problem

[oligopoly]

Hi. I have been living in a flat with a friend for almost a year. I came home today to find that a Bailiff had tried to call round to remove goods to the sum of what we owe in council taxes. I have paid my flatmate my share each month to pay to the council, but as both of our names are on the bailiff's notice, it looks like my flatmate has pocketed my share and not paid himself either for the last 4-5 months. My own fault for not paying directly I know, but do I have any kind of standing on this or am i liable for half of what is now owed?

[Kathyan]

Do you have proof that you have paid this money ie Rent book? If not then it's your flatmates word against yours.

[oligopoly]

I do not have proof I am afraid. I realise that it is my word against his - ie i would have to pay half if he denied that I have paid anything to him. BUT - if he contacted the council and explained the situation (in writing), would they remove me from the 'debt' list and just approach him for the money owed?

[Oneeyedvic]

If you have bailiffs round, then it will have been to county court. If it has been to county court then you should have had letters delivered to you.

Either your flat mate has been stealing your mail, or (for some reason) they have not been served on you.

Very important: get a copy of your credit file from www.experian.co.uk and www.equifax.co.uk

See if a CCJ has been registered against you and also if an "association" has been made between you and your flat mate - if so (and on the assumtion that you are not financially linked), file a "notice of disassociation" - if you don't, your credit rating may be harmed.

If you do have a CCJ and your flat mate has been stealing your mail, you may need to go to court and ask for the judgement to be "set aside". You will then need to pay the amount outstanding that you are liable for - (you are liable regardless of if you have paid your flat mate). You can take your flat mate to the county courts to try and get a judgement against him - will cost you around �30 but may not be much point!

[themas]

Councils normally deal with Council Tax arrears by getting a liability order in the Magistrates Court. This is quite different from the County Court CCJ procedure. The Council will only have involved bailiffs after getting a liability order and finding the payments were still not made. You and your flatmate should have been sent several letters from the Council about all this.

You and your flatmate are both "jointly and severally" liable for the whole of the tax. This means that the Council can pursue each of you for the full amount owing. They are most unlikely to be interested in the arrangement between you and your flatmate. You need to ask your flatmate what has been going on and then contact the Council to try and come to an arrangement to pay off the arrears over a period (in addition to paying the current tax).

If bailiffs have not already been into the property they can only get in through an open door or window, and can't push past you at the door. So if they have not already been in and come back, don't let them in. But they can take your car (or your flatmate's or both) so don't leave them anywhere near the flat.