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grace347
Starting Member
United Kingdom
36 Posts |
 Posted - 31 December 2008 : 08:13:44
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Hi there,
Just a quick question re council tax arrears.
Me and my partner owe council tax to two different councils from when we have moved in the past year.
We had to let them both go to summons and then agree a payment, the first one we have been paying £36 per month on the 5th of every month and it ends in March 09.
The second one we have only just agreed at £107 per month starting 07/01/09 until 07/03/09.
Because my partner is the only income earner and he is going bankrupt we are using all the money we have to do this, including what would be these x 2 payments.
His appointment at the court to file for bankruptcy isnt until 20/01/09 so there will be 2 weeks (x 10 working days) from the 5th and 7th of Jan 09 when these payments would be due to be paid to the councils.
Does anybody know what the consequences of not paying these would be before he went BR (we were going to put these debts into the BR).
Also, obviously the council tax was worked out for x 2 people, therefore I would still be liable to pay my half wouldnt I??
I do not have an income only child benefit and I am planning on applying for BR within the next few months, so what would happen under these circumstances, would I have to attend court possibly and explain?
Many thanks for any advice!
Jennifer x |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 December 2008 : 09:52:57
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Hi Jennifer
Just wondering was your name on these at all as if they were then you would become liable for the whole debt and not half as many people think. It would then go under "joint & several liability" if you were both on the council tax bills. If your name was not on there then it should get included in the bankruptcy and written off.
Hope that helps
Jo
x
Wishing you all a Happy Debt & Worry Free 2009
21 Weeks down
31 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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grace347
Starting Member
United Kingdom
36 Posts |
Posted - 31 December 2008 : 10:06:06
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Hi,
Many thanks for this, yes both my name and my partners name were on both council tax bills.
Are you saying that if my partner goes BR then I become liable for the full outstanding amount?
If so what position would I be in with no income and my partner in BR?
I wouldnt be able to pay, would I have to go to court to explain?
Many thanks again for your help!
Jennifer x |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 December 2008 : 10:15:41
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Jennifer
They will write to you about it and yes you will have to make arrangements to pay the bill somehow. Anything that is joint in names, once the other party declares bankruptcy automatically passes as a whole debt to the other named person, being you, so unfortunately the bill will be yours then and not halved the whole outstanding amount will be yours, all that willl happen is your OH wont be liable himself you will have to pay the balance.
The only way it would not become a debt to pay is if you too went BR and included all joint debts into the BR itself, if you have any other joint debts then these will also be passed over to you once he is bankrupt and they will start to chase you for the money. You may be able to make arrangements with them once they become aware that your OH is BR and then the debt passes to you.
Sorry its not what you wanted to hear, but thats how it is im affraid.
Jo
x
Wishing you all a Happy Debt & Worry Free 2009
21 Weeks down
31 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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grace347
Starting Member
United Kingdom
36 Posts |
Posted - 31 December 2008 : 10:48:51
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Hi there,
Well what a palavour! I will be going BR within the following month or so, I will have to keep speaking to them and let them know of my plans, not sure whether that would stop proceedings (if any) in the mean time. I suppose I shall just have to wait and find out!
Many thanks again for your valuable advice!
Jennifer x |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 31 December 2008 : 14:08:30
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Hi Jennifer
If your going to go bankrupt too and not far behind him then it will take them a while to chase you up anyhow and hopefully by then you should have gone BR yourself.
Take care
Jo
x
Wishing you all a Happy Debt & Worry Free 2009
21 Weeks down
31 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Council Tax Arrears
