Legal Advice sought. Council Tax

[steve5454]

I bumped council tax for a good few years a while back .

 

It was in joint names with a flatmate who bumped it too. We were both on the lease and the council tax

 

Now I've been paying it back to Scott and Co a debt collection agency for about 4 years

I've paid over half the total outstanding.

 

do I have any legal way of now getting my name off that debt as I've paid my share.

 

The other party is a waste of space so has not paid a penny.

 

I've asked Scott and Co for a itemised statement and also under freedom of information for all comments etc

on their systems as they maintain they still chase the other party.

which I doubt they do.

I'm going to go to citizens advice to ask.

 

Do I have a legal challenge here or am I stuck with the debt ?

 

Thanks

[Conniff]

Welcome Steve.

 

As both of your names are on the bill, that makes you jointly and severally liable, in other words if one won't pay they can chase the other for the full amount.

 

This doesn't stop you asking the other, (if you have his name and address), for his share and sue him in the small claims if he refuses.

 

You will be paying bailiff fees on this so stop paying the bailiff and pay the council direct.

[lookinforinfo]

As it is in joint names if they can't get hold of the other person, they can pursue you for the whole debt. If you know their address you could inform the Council to get Scott off your back.

It would be a good idea to check with the Council to see if Scott are

a] charging you the right amount of Council tax from Day 1

b] sending all your payments t to your account [they shouldn't be] then you are better off paying the Council direct .

 

I doubt that the FOI you have asked for will show what attempts they have made to find the other party as that could breach Data Protection protocols.

[dx100uk]

i'd get that full breakdown from the bailiffs too

 

you say DCA, you sure?

 

there is a BIG diff

 

dx

[ploddertom]

I assume this is for Scotland?

[steve5454]

Yes scotland. Scott and Co are quite prominent here and they normally always deal with ctax arrears.

[steve5454]

i'd get that full breakdown from the bailiffs too

 

you say DCA, you sure?

 

there is a BIG diff

 

dx

 

check out their site mate just google scott and co

[dx100uk]

scoot & co are a DCA and sheriff officers

 

 

there is a diff upon how you deal with them

depending upon which 'hat' they have on

 

if the paperwork they sent has debt collection at the top etc

 

they are only acting as a DCA

 

many Scottish councils just use a DCA to save on costs.

 

i'll let you get on

 

dx

[ploddertom]

Unless you can point them in the direction of AN Other then you will be saddled with all of it. Even if you furnish the other persons address then as you are willing to pay then they may not even decide to chase them.

[ss002d6252]

Council Tax works on the basis of joint and several liability - for example if 2 people are jointly liable then the council can pursue either of them for the full balance, the debt is not apportioned between them.

[Martin Shaun]

Yes im also believe Scotland!