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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for your advice RE Council tax debt, panicking

7 replies

Changedname9 · 06/11/2018 15:05

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 Sad

OP posts:
scaryteacher · 06/11/2018 15:17

You have already been taken to court and a liability order obtained against if it has been passed on to the bailiffs.

If the tenancy was in joint names you are jointly and severally liable for the debt, but you could try, with evidence, to limit your liability to the date you left the property. It might be worth talking to the council where the debt was to sort this out.

The bailiffs will be looking to recover the money, but given the circumstances, it might be worth contacting the original council, explaining what happened, offer evidence to back this up, and ask for the liability for you to be limited to the time you left, and offer some sort of payment towards the arrears. Don't promise the moon, but what you can reasonable and realistically afford, and then stick to that payment.

Here is a link from Swindon BC (top when I searched this) about committal for non payment. You are not wilfully refusing, neither are you guilty of culpable neglect, and were this ot come before the magistrates with supporting evidence from women's Aid and the Police, it might well be written off.
www.swindon.gov.uk/info/20020/council_tax/19/committal_proceedings_for_unpaid_council_tax

Good luck.

Changedname9 · 06/11/2018 15:22

Thank you so much I will look at that link now.

I think my best bet is to contact the council as I don't have the bailiffs details anymore so have no idea what company to contact.

I have at times thought it may work in my favour to present my side of facts to the court but the prospect of prison terrified me and I couldn't shake the feeling that it would happen.

OP posts:
Changedname9 · 06/11/2018 15:24

As they don't have my current address, would I be right to assume that a summons would have not been served, yet?

Is there any chance they've sent one to a previous address and me not know about it.

It's one thing avoiding bailiffs but If I were to be summons to court I absolutely would not avoid

OP posts:
MrsStrowman · 06/11/2018 15:28

You could also get in touch with your local women's aid, this scenario is incredibly common, lots of the branches have a free legal advice clinic or can advise you directly on these kinds of things

Changedname9 · 06/11/2018 15:52

@MrsStrowman I didn't realise that, thank you. I just may do that.

OP posts:
scaryteacher · 06/11/2018 16:12

If it's at bailiff stage, it has gone to court already.and it will be served to the last known address. CTax can only refer to a bailiff once a Liability Order had been obtained. You could contact the Council and say you weren't at the address and why, and see if they will restart the recovery process. You may still get a Liability Order taken out, but that is to ensure you do pay.

longwayoff · 06/11/2018 16:42

Get legal advice. Dont call the bailiffs. If a court has found against you in your absence you can apply for the judgement to be set aside and put your case to them at another hearing but get legal advice before anything.

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