Historic council tax debt. Please advise I'm petrified

[Changedname9]

Sorry for the double post Im not sure where is best to ask.

o ask for your advice RE Council tax debt, panicking1
Today 15:05 Changedname9

I have a substantial (not exactly sure of the amount) council tax debt that is owed from a period of time I was in a dangerous and abusive relationship where i had no control over finances or an income of my own. This is not an excuse I know, but a reason why things spiralled to the point of debt collectors trying to track me down.

I fled the relationship in mid 2016 with the help of the police and women's aid and relocated to another city where I had to rebuild my life from scratch with nothing, I had mental health problems after the fact and spent the next 12 months recovering but essentially in hiding as my abuser was trying to find me, was essentially on the run from the police and wanted for a string of nasty offences against myself.

I suffered a miscarriage in late 2017 which then knocked my MH further and suffice to say (although irresponsible I know) historical debts were the last thing in my mind. I had barely paid it a seconds thought and was keeping up to date with all bills and expenses here. I was working full time for the first time in years and building a life for myself.

I then fell pregnant again (with new partner, with whom I'd lost the baby) and was over the moon as things were finally looking up and my life was stable.

I was referred for therapy and am still receiving this CBT, post baby being born as I'm still not completely strong again.

One of the debt collection agencies regarding the historic council tax debt managed to trace me to a relatives here where I stayed upon arriving before moving and they sent a letter there during my pregnancy which my relative brought round to show me, I contacted them by telephone explained my circumstances and informed them that they were looking for the wrong person as it was my ex who had the income and was paying the council tax during that period and that they were welcome to check the fact I had no income at that time and was living with him, I was informed that because my name was on the tenancy agreements I too was liable.

Given my MH problems, pregnancy and recent miscarriage the person I spoke with from that particular collections agency was decent enough and agreed to leave the matter for a period of a year and then contact me again.

Since then another agent has turned up at a relatives house which they believed I lived at (I don't) they were being forceful and taking photographs of her incase she was me?

To this day I don't know why he stopped paying council tax and only found out about the debt just prior to leaving, he had a cocaine problem so I can only assume he prioritised that above paying the bills.

There are two separate collections agencies trying to make contact with me, that I know of, however there may be more as I don't have all the paperwork. I left with nothing bar a rucksack of clothes.

Until now they haven't found my current home address and have been corresponding to my relatives. Relative has been good about it and has been trying to reassure me, but I'm absolutely petrified of facing the matter head on.

Whenever I seek advice RE Council tax debt I'm told that prison is a possibility. I can't go to prison, I have a small baby to look after and I'm pregnant again.

I have no new debts and am on top of all of my bills here, I can't stress enough how I was not deliberately at fault for the cumulation of CT debt from that period. I didn't have two pennies of my own to rub together. The financial control, my lack of independence and the abuse is all documented within women's aid and the police who worked with me for years whilst I was going through what I did.

I had to stop working when I had my son as the childcare fees far outweighed my income so I was resigned to being a SAHM, this isn't the situation I'd like to be in ideally but DP is happy to support us and we just about get by. I simply don't have hundreds or thousands of pounds disposable that I can allocate to paying off these debts.

I have no idea whether they've been in touch with my ex and whether he's contributing to the debts although I highly doubt it.

I really need to get a handle of the situation as I'm living in fear, I haven't kept any of the paperwork and buried my head in the sand. I don't even know who it is I need to be speaking to.

Would the council in my home city seek to send somebody in my position, with two young children, to prison?

Would they be willing to accept a small amount per month?

Can they commit me to prison without having my address to serve me a summons?

DP works away so him caring for the children whilst I serve prison time isn't an option, if he came out of work we'd lose the house. If he didn't then we'd lose the kids. I'm terrified. Prison cannot be an option and the fact that it is, is the reason why I've let this spiral and tried to hide.

I know I've handled this appallingly, truth be told until lately I did Foster a "you caused this after everything you've done to me so you can sort it yourself" attitude toward my ex, but that isn't helping me or stopping the bailiffs from looking for me.

I don't want this hanging over me and am pushing myself to address it head on even though it's causing me a lot of anxiety.

Absolutely prepared for a flaming here and I don't mind that because the way I've handled this is appalling, but if anybody can advise and help me I'd be very grateful.

I'm losing sleep and have completely lost my appetite, convinced I'm going to prison and will lose the children

[Santaisgettingbusy]

Was the bill in your sole name or ex on it also?

[Changedname9]

They were joint tenancies, so both of us listed as living there but he was the only one who had regular income

[Changedname9]

Addressed to both of us

[dontalltalkatonce]

You need to get to the bottom of this because they can and will pursue you. They really don't care what your excuse is, either. You're liable for the debt. It's also a very bad idea to be financial dependent on an unmarried partner.

[LIZS]

Have you made any offer to pay it off in installments? You could speak to Stepchange for free advice and they could request the amount owed is frozen so you do not incur additional charges as they try to track you down.

[BrioLover]

I would contact

1. the council where the debt is (even if it's been passed to bailiffs)
   
2. citizens advice
   
3. stepchange or any other debt charity
   
4. the bailiffs
   
   Explain the situation to all and get the debt frozen. Offer to pay it off in instalments (even if £5 per week).
   
   Also see what the police and your GP can provide you with in terms of paperwork to prove the abuse - this may mean you are only liable for your half or it is substantially reduced.
   
   I'm sorry for what you've gone through, but now is the time to face this properly.
   
   Also, you need to start looking at what your rights are if your current partner were to break up with you or was hurt in an accident etc. You are in a very vulnerable position as you are not married.

[Changedname9]

I haven't made any offer of payment up until now. I'm prepared to but it would be so small I don't think they'd accept what I can afford. £5-£10 per week would be the absolute maximum.

DP and I are engaged to be married, but not until next year. I appreciate the concerns about unmarried partners, the relationship is a good one and marriage has already been decided upon.

I don't have the details of the bailiffs as I didn't keep any of the paperwork, out of sight out of mind was what I was implementing. I will contact the council themselves

[Changedname9]

Multiple services have records of the abuse. Women's aid themselves housed me in a refuge for a period of time and worked alongside the police who were pursuing charges.

I had a police liason officer from the domestic abuse unit who I worked closely with.

There was many, many police reports and a court ordered non molestation order served to him on my behalf.

The probation service also has logged information on the matter, from when he was having to attend there.

I have a lot of evidence I just hope it makes a difference

[mummyhaschangedhername]

Just offer £5 a week. Speak to CAB first but that would be my advise.

[dontalltalkatonce]

It doesn't make a difference! Everyone has a story. You still owe the money. They will not let you off, either, you can't even fully discharge that form of debt in bankruptcy. Stop even going there. Contact Stepchange and see what they suggest because it's not on that your relatives are being harassed due to your debt.

[miffmufferedmoof]

Can you get to your local citizens advice bureau? They help with this type of thing

[Changedname9]

I don't expect it to be written off whatsoever, I've accepted the fact I will need to pay it but am worried that its gone beyond a payment plan at this stage and instead I'd be facing prison.

I will find out where my nearest Cab is and see what they advise.

[NoSquirrels]

Prison IS a possibility for unpaid council tax. But I think you have enough evidence that you were not evading paying it, you were in difficult life circumstances.

It's a bit unfortunate you didn't agree a payment plan last year with the debt collectors who approached you, though.

What I would do is this:

1. Get a CAB appointment. Take them all the proof you have of the abusive relationship, when you left etc.
   
   
2. Take their advice on how to contact the council where the debt is owed. They will be best placed to try to disentangle what you need to do and how to approach it all.
   
   They don't WANT to put you in prison. It would cost a lot, and cost more in terms of your children etc. So they WANT to find a resolution - hence the debt collectors. You need to get the interest frozen and the debt repayment negotiated. Start at the CAB.

[Jack65]

Local authorities have the power to write off council tax and have complete discretion. You need to write to the la with full details including evidence of the abuse, wa and police reports are helpful. As you are still experiemcing mh issues ask them to withdraw the bailiffs. Cab or stepchange can help you if you dont feel able to do this yourself.

[Jack65]

Council tax debt CAN be included in a dro or bankruptcy order.

[Jack65]

And prison is NOT an issue here op, so don't panic.

[anchovyomelette]

The talk about prison is not going to help OP, the only way that would even be a remote possibility would be if she had been to court and failed to adhere to payment arrangements.

Get some proper advice OP and don't panic. This can be sorted out. Also there is a Face Book page called Beat the Bailiffs which can probably help you. They advise getting the debt handed back to the council so you deal with them rather than the bailiffs, I think.

[TressiliansStone]

A friend has been in the position of standing in the dock with a bag, waiting to see if she would be jailed for falling behind with council tax.

She wasn't. Being a widow with young children, it was in no one's interest that she was jailed.

She did agree a payment plan, I think. There was still a bit of the debt outstanding some years after this court appearance, when she was telling me about it, so she was obviously paying at a very slow rate.

Obviously that's not a guarantee of what will happen to anyone else, but it's an example of what can happen.

I second the advice of PP about being proactive, possibly through StepChange or the CAB, in approaching the council and offering to pay in instalments.

[Changedname9]

I wondered about bankruptcy but don't know the first thing about it. I'd absolutely file for that if it meant I cut put all of this behind me.

Will definitely speak to cab first thing tomorrow. I've gotten a number for our local office online.

Unsure what paperwork documentation I have here to prove the abuse if any. I think I may have a copy of the non molestation order somewhere but when I left I took only one bag of clothes. I could note the organisations who can confirm my side of events though, point them in the direction of women's aid, MAREK, the police, the liason officer who worked with me. All agencies can confirm my story if approached by a council officer.

I can provide paperwork evidence of my current need for CBT. That I do have.

[Santaisgettingbusy]

Write to them and state you accept 50% of the debt only. If you have any contact info for your ex then give them it. When I left exh he sent all bills to my new address!! I wrote and claimed liability for 50% and suggest they chase him for the other 50%. They did. I paid nominal amounts for 2 years.

[wannabestressfree]

I had considerable problems like you when I divorced my ex husband and buried my head in the sand. My advice would be;
Send a recorded letter ASAP to your original council and ask for their details for a standing order. They can recall the debt from the debt collector but I would avoid the while ' he was the one with money' you are joint and severably liable.

Bare in mind contacting the council will not halt the debt collectors until they call them off. They DO have a legal responsibility to your mental health though and some have special departments. Making them an offer - even if it's £5 won't be refused If you show this is what you can afford (they may ask for a financial statement - in's and out's).

Just speak to them. I agree with others don't leave this to your relatives it's not fair. You will be surprised what a relief it is when you have dealt with it.

It's the one debt that won't go away. Sorry.

[NoSquirrels]

The talk about prison is not going to help OP, the only way that would even be a remote possibility would be if she had been to court and failed to adhere to payment arrangements.

The OP was asking about prison, that’s why people have focused on it in replies - because the OP is focused in it,

But I definitely agree it isn’t a likely outcome and absolutely shouldn’t stop the OP tackling this now.

Good luck!

[anchovyomelette]

Apols NoSquirrels, I see why you mentioned it now.

[ProfessorMoody]

I've had similar problems.

Just ring them and arrange a payment plan. They'll send an income /expenditure form and ask for what you can afford. I pay £10 a month for my arrears.

If you continue to run away and attempt to dodge them, they'll find you, they can send bailiffs and countil tax bailiffs are the kind that are able to come in and take property.

[dontalltalkatonce]

Council tax debt CAN be included in a dro or bankruptcy order.

Yes, but it's not a given that it's entirely written off. A debtor can be made to pay a small sum every month towards it until the bankruptcy is discharged. It's not at the debtor's discretion.

At any rate, Stepchange is the way to go about it.