Bankruptcy & Council Tax and Previous arrears included in my Bankruptcy.

[daz1uk]

Hi,

 

I'm looking for some advice please. I have recently become bankrupt. Now the Council are chasing tax payments from my partner who us unemployed as a full time mother.

 

I'm not supposed to pay the debt due to my bankruptcy and my partner is literally unable to pay.

 

Where do we go with this?

[sgtbush]

Is it your debt or your partners debt.

Was it both of you that have declared bankruptcy or just you?

I see you Say partner and not wife.

You finances are separate.

 

If she is unemployed then she already gets discount .

Go see debt advisor or national debt line

[daz1uk]

Is it your debt or your partners debt.

Was it both of you that have declared bankruptcy or just you?

I see you Say partner and not wife.

You finances are separate.

 

If she is unemployed then she already gets discount .

Go see debt advisor or national debt line

 

Thanks for the response, the Council Tax bills have always been billed to me as I, being the sole earner in our house, am responsible for all of the bills. They have however rebilled in my partners name as they can not claim the debt from myself.

 

It was a sole bankruptcy. Yes partner not wife.

Edited July 13, 2017 by daz1uk

[AndyOrch]

Is your partner not in receipt of any benefits...housing benefit /Ctax ?

 

What is you current income ..if any ?

 

Joint liability

 

If you live in a property, which is jointly owned, leased or rented by two or more people, you will all be jointly responsible for paying the Council Tax.

 

There is only one Council Tax bill for each property, and the name of everyone who is jointly responsible will appear on the bill.

 

If the bill is in joint names, you are all responsible for paying the whole Council Tax for the property.

 

The bill cannot be split between the joint Council Tax payers, for example if there are three joint leaseholders, we cannot issue three bills for a third of the Council Tax that is due for the property.

 

Joint responsibility also applies to husbands and wives or partners, including same sex couples, who live in the same property.

 

We cannot become involved in any arrangements you may have made with other people who are jointly responsible for paying the bill. If we have to take Legal action to recover the Council Tax that is owed, recovery action will be taken against all liable persons.

What if I think I don't have to pay Council Tax?

 

If we have sent you a bill that you do not think you are liable for, you may appeal.

 

Appeals procedures

 

Council Tax payers have certain appeal rights, which are listed below. All disputes should be raised in writing initially with the Council. These include:

 

If you think you are not liable to pay the Council Tax and the bill has been issued in your name.

If you have claimed a discount and this has not been granted.

If you have claimed that your property is exempt from Council Tax and this has not been granted.

If you have claimed a disabled persons banding reduction and this has not been granted.

 

When initially appealing to the Council, please state the nature of your appeal and provide any reference numbers shown on your Council Tax bill. This will help us to deal with your enquiry without undue delay. Please address your appeal in writing to:

 

Revenues & Benefits Department

 

Regards

 

Andy

[sgtbush]

When your ct bills are sent, are they in your name only or in both of your names?

If its in your name only then they cannot just put your partners name on a bill willy nilly.

If its in joint names then I suppose they can come after one or the other person named on the bill.

However I am unsure on the finer things of bankruptcy.

 

Does your partner receive JSA or ESA?

 

I do know that your partner does not have to be named on the ct bill just because she lives there, HOWEVER, I do hope if she has an unemployment claim its a jointclaim, with you included as your living as a couple and not a single person claim (with child) as that would open a whole can of worms if the DWP and council tax office talk to each other. And trust me, they do.

[daz1uk]

Is your partner not in receipt of any benefits...housing benefit /Ctax ?

 

What is you current income ..if any ?

 

Joint liability

 

If you live in a property, which is jointly owned, leased or rented by two or more people, you will all be jointly responsible for paying the Council Tax.

 

There is only one Council Tax bill for each property, and the name of everyone who is jointly responsible will appear on the bill.

 

If the bill is in joint names, you are all responsible for paying the whole Council Tax for the property.

 

The bill cannot be split between the joint Council Tax payers, for example if there are three joint leaseholders, we cannot issue three bills for a third of the Council Tax that is due for the property.

 

Joint responsibility also applies to husbands and wives or partners, including same sex couples, who live in the same property.

 

We cannot become involved in any arrangements you may have made with other people who are jointly responsible for paying the bill. If we have to take Legal action to recover the Council Tax that is owed, recovery action will be taken against all liable persons.

What if I think I don't have to pay Council Tax?

 

If we have sent you a bill that you do not think you are liable for, you may appeal.

 

Appeals procedures

 

Council Tax payers have certain appeal rights, which are listed below. All disputes should be raised in writing initially with the Council. These include:

 

If you think you are not liable to pay the Council Tax and the bill has been issued in your name.

If you have claimed a discount and this has not been granted.

If you have claimed that your property is exempt from Council Tax and this has not been granted.

If you have claimed a disabled persons banding reduction and this has not been granted.

 

When initially appealing to the Council, please state the nature of your appeal and provide any reference numbers shown on your Council Tax bill. This will help us to deal with your enquiry without undue delay. Please address your appeal in writing to:

 

Revenues & Benefits Department

 

Regards

 

Andy

 

Hi Andy, thanks for responding.

 

I earn 23k which means were not entitled to any benefits I don't think.

 

As far as I'm concerned the Council Tax debt was included in the bankruptcy which means I believe that now I can't turn around and pay it legally?

 

As they can't claim the debt from myself they have billed my partner for it. But as she has no income from work she is unable to pay it.

 

Are they allowed to pass this debt to my partner in this manner?

 

Am I allowed to pay it legally?

 

And if the responsibility to pay this debt does now fall to my partner can she claim benefit despite my income?

[sgtbush]

How does the bill arrive at your house? Your name only or joint names?

 

If your name only and its included in bankruptcy then its game over for council. They cannot just pluck a name out of a hat and present a bill to any old tom dick or harry.

 

If it comes in both names the Bankruptcy means they cannot chase you for it, however they can chase her as she is named so jointly responsible

[AndyOrch]

Was this debt included in your Bankruptcy ?

[daz1uk]

When your ct bills are sent, are they in your name only or in both of your names?

If its in your name only then they cannot just put your partners name on a bill willy nilly.

If its in joint names then I suppose they can come after one or the other person named on the bill.

However I am unsure on the finer things of bankruptcy.

 

Does your partner receive JSA or ESA?

 

I do know that your partner does not have to be named on the ct bill just because she lives there, HOWEVER, I do hope if she has an unemployment claim its a jointclaim, with you included as your living as a couple and not a single person claim (with child) as that would open a whole can of worms if the DWP and council tax office talk to each other. And trust me, they do.

 

Hi, no she doesn't claim anything like that as she's not looking for work and won't be until our youngest starts full time education next year.

 

She receives Child Tax Credit and Child Benefit which is in both of our names I believe.

 

Thanks.

[daz1uk]

Was this debt included in your Bankruptcy ?

 

Yes

[AndyOrch]

What if you have a partner?

 

Council tax is a “joint and several” liability, so if you live with a partner or another adult who is liable to pay council tax, then if you go bankrupt or enter a DRO or IVA, then your partner just becomes liable for the council tax arrears.

 

The above is the current status...so I think you best make an arrangement to pay the arrears monthly along with your current payments.

[sgtbush]

Andy

What if the op is the only person named on the ct bill.

Its not a requirement to list all the adults living in the propery on the bill.

Only the person responsible for the bill.

 

That's why its IMPORTANT for the op to state in what names the bill comes with.

 

I have a partner, they cannot be held responsible for my bills. They are not on the bills. I had that excat argumet with the council last year. They tried to say I had to name them, I replied please cite me the law that requires me to do so. They couldn't, they rescinded.

I was In fact doing them a favour but they could not see it.

[daz1uk]

Andy

What if the op is the only person named on the ct bill.

Its not a requirement to list all the adults living in the propery on the bill.

Only the person responsible for the bill.

 

That's why its IMPORTANT for the op to state in what names the bill comes with.

 

I have a partner, they cannot be held responsible for my bills. They are not on the bills. I had that excat argumet with the council last year. They tried to say I had to name them, I replied please cite me the law that requires me to do so. They couldn't, they rescinded.

I was In fact doing them a favour but they could not see it.

 

I'm not 100% sure, I'm going to check the names on the bill tonight.

 

My main concern is the legality or not of me paying a bill covered by my bankruptcy and how it would affect my bankruptcy.

[sgtbush]

If your partners name is on the bill along with yours, they can only chase her as she Is liable.

Bankruptcy stops them chasing you,it does not absolved the debt.

If its just your name and the council have just put her name on the bill , her name just plucked out of thin air, then that's a big no no.

[AndyOrch]

Andy

What if the op is the only person named on the ct bill.

Its not a requirement to list all the adults living in the propery on the bill.

Only the person responsible for the bill.

 

That's why its IMPORTANT for the op to state in what names the bill comes with.

 

I have a partner, they cannot be held responsible for my bills. They are not on the bills. I had that excat argumet with the council last year. They tried to say I had to name them, I replied please cite me the law that requires me to do so. They couldn't, they rescinded.

I was In fact doing them a favour but they could not see it.

 

See my previous post sgtbush...its irrelevant...the councils legal position is....

 

Joint liability

 

If you live in a property, which is jointly owned, leased or rented by two or more people, you will all be jointly responsible for paying the Council Tax.

 

There is only one Council Tax bill for each property, and the name of everyone who is jointly responsible will appear on the bill.

 

If the bill is in joint names, you are all responsible for paying the whole Council Tax for the property.

 

The bill cannot be split between the joint Council Tax payers, for example if there are three joint leaseholders, we cannot issue three bills for a third of the Council Tax that is due for the property.

 

Joint responsibility also applies to husbands and wives or partners, including same sex couples, who live in the same property.

 

We cannot become involved in any arrangements you may have made with other people who are jointly responsible for paying the bill. If we have to take Legal action to recover the Council Tax that is owed, recovery action will be taken against all liable persons.

 

I'm not 100% sure, I'm going to check the names on the bill tonight.

 

My main concern is the legality or not of me paying a bill covered by my bankruptcy and how it would affect my bankruptcy.

 

See my last post #11...that is the Legal position with regards to Bankruptcy and CTax Debt

 

Andy

[sgtbush]

I read it.

That only applies if the partner is named on the lease or deeds.

What if she is not.

Lease in op name only

That's where my council fell down and rescinded.

It says the bill will be in all the names responsible.

If the ct bill does not have her name, she is not on the lease, thenshe is not responsible.

Thatswhy the question is important.

 

I'm actually siding with the op but I'm trying to get all the facts so appropriate advice can be given.

I'm not being argumentative.

Its a case of dotting the I'd and crossing the t's

[AndyOrch]

I read it.

That only applies if the partner is named on the lease or deeds.

What if she is not.

Lease in op name only

That's where my council fell down and rescinded.

 

Op will have to answer that...but what about the form you fill in from the Council regularly informing them who resides at your property ?

Do you not declare them residing ? That is an offence with possible fine.

 

What has the lease and deeds got to do with Council Tax ?

[sgtbush]

See my previous post sgtbush...its irrelevant...the councils legal position is....

 

Joint liability

 

If you live in a property, which is jointly owned, leased or rented by two or more people, you will all be jointly responsible for paying the Council Tax.

 

There is only one Council Tax bill for each property, and the name of everyone who is jointly responsible will appear on the bill.

 

 

 

Andy

 

this bit

 

if you dont have a joint lease you cannot be held responsible.

no joint deeds, no joint lease ergo she is not renting

Edited July 13, 2017 by sgtbush
highlighting important text

[AndyOrch]

or rented by two or more people,

 

Is the property rented or mortgaged daz?