Bailiff Notification for Unpaid Council Tax

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Hi, can anyone help or offer advice, please? The notice hasn’t been sent to me, but to DS23.

He moved out of home and house shared with a friend between 2021-Jan 23. DS paid the rent from his account (friend transferred half to him), and friend was meant to pay bills (DS transferred the money to him, has bank stents to show xfers).

DS moved back home in Jan 23.

Today DS received a letter at our home address from bailiffs (not debt collector) advising that due to unpaid council tax at XX address (the house-share) his case haS been heard by local magistrates and the debt passed to them to collect. This is the first DS has heard of it. We suspect the notices have been going to previous address and either dumped or estate agent has not forwarded.

As the bailiffs have his current address should any prior notices (including notice of court date) have been sent here, or is the fact they were sent to his last known address enough? Is there anything at all we can do now it has gone to court?

He swears he did it know anything about it, as far as he’s concerned he’s already paid to “friend”. He’s beside himself with worry. Thank you so much for taking the time to help.

Was the council taxed bill in your DS name or his friend,? Or both?

The implications of not paying council tax are serious . Best advice is pay the debt, and argue who owes what later.

sending to the last known address is acceptable enough for the court, and council tax is joint liability for any adult in the property. He needs to pay it then take it up with the housemate.

I used to work in council tax, the key word is tax, is a a government tax collected locally to serve the needs of the local area. Their powers to collect that money back in including bailiff (which is how they traced your son, the council only have so many hours they can spend tracing people) and they can take it direct from your son's salary (details are the same for every council as it is set by central government, search attachment of earnings order and the council he was under for the percentages - eye watering percentages.)

The power to collect direct from wages and engage the bailiff have already been granted in a Magistrates Court (not a county court so no CCJ) I agree with the others get it paid and gone and argue liability from the other tenant later. If he can prove he paid his mate then I would suggest potentially small claims court for his money back although I will say I know nothing about the small claims court process.

TLDR pay it, get money back from the other house share tenant later.

Can he contact the council and explain that he's only just become aware of this debt, but will speak to his ex-housemate and they'll settle up ASAP (this would stop the process escalating)? As others have said, the council and the bailiffs won't care that DS has paid his friend, they'll just see a debt outstanding that he is jointly liable for.

Not entirely sure, but assume both as he's received this notification.

Tough life lesson for him here - he really should have been checking that the bills were being paid.

Check this with him, ask the council if he doesn't know. He should be asking his friend why he didn't pay the money to council tax,

Thank you. I spoke to him and he thought it was in the friend’s name, but I spoke to the council today and they said it was originally in friend’s sole name, but it was put in to DSs’s sole name three weeks later - DS has no knowledge of this. Council was very understanding and have put a hold on the bailiff action until it’s further investigated - they will contact bailiffs but we need to do so to, which I’ll do tomorrow. Looks like DS has been stitched up 😭

Hmm what a betrayal of trust, I'd be livid. Very positive that the council are understanding.

Is there anything in writting saying who should pay? Texts email, or rental agreement?

This.

If he also has proof of the transfers sent to the friend (hopefully including a reference saying it was for council tax) there will be more proof that the agreement was for the friend to pay it.

It may not stop him being liable for the debt, but it may help his case if he later takes the friend to small claims for the return of the money he sent under false pretences

It was a verbal agreement between them - DS paid the rent and housemate paid the bills, each transferring their half to the other. DS has bank statements showing he sent the money to housemate each month, doesn't say which bills for (separate amounts for utilities and ctax) but the ctax amount is half of the bill so he can show that he paid in good faith.

This happened to my partner, he thought his ex was paying the council tax and turned out they wasn't and because they can't find his ex he's had the whole bill put on his name...it's disgusting how some people can sleep at night knowing they have done that...but karma catches up with idiots like that