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Council Tax Summons

  • scottishlady
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11 Dec 07 #8817 by scottishlady
Topic started by scottishlady
Hi...
I have arrived home from work today to find a letter saying that my STBX has to attend court on 8th January for non payment of council tax.
He was supposed to have been paying the mortgage and council tax... and his sol has stated by letter, that he was infact paying these, and my STBX didn't think he should be contributing anything more financially towards myself and our (grown up) daughter... as these 'bills' amounted to approx £450 per month (he earns 4K a month)...
obviously, he hasn't been paying the council tax... only the mortgage, which is £320 per month...
I suppose I have two questions....
1) Will this court summons affect me or our home in any way?
2) I think he should be contributing more financially, but how can I 'address' this issue?

Many thanks for any thoughts
SL

  • mike62
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11 Dec 07 #8823 by mike62
Reply from mike62
SL,

I am guessing that he summons is in your husband's name.
Is he aware of it?

The debt is his, as you point out that his sol has confirmed that he will be paying the mortgage and council tax in previous correspondence.

However, you should make the local authority aware of his address, so that he is issued directly with the summons.

As far as I can see, it should not affect you in the short term. That said, if he does not show up for court and there is a judgment issued against him, the council may instruct bailiffs to come to the property to remove goods to the value of the judgment. Just don't let them in the house. They will try to tell you that they have a right of entry, but they don't. Just tell them that none of the goods and chattels in the property belong to Mr XYZ, but advise them where he lives, and tell them to go and take goods and chattels from his property.

Sometimes, if there is a CCJ against an address it can have an adverse effect on your credit rating.

Make sure that you make the council aware that he is not resident at the address, so you avoid any complications.

More financial support from him? Have you applied for Ancillary relief yet?

Hope it helps,

Mike

  • Angel557
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11 Dec 07 #8839 by Angel557
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Maybe i'm wrong but i always thought that the council tax bill had the names of any adults occupying the address on them, i can remember myself getting a summons for late payment for council tax in my name only, his arrived the following day, normally it don't go to court if it is settled asap.

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11 Dec 07 #8840 by TMax
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went to court over mine, they are not interested why you cant pay it just, do you owe it. I was absolultey brassic and the judge wouldnt listen. so for that they apply a fine and court costs on top of council costs and the council still give you the same answer not interested pay it. they even forced me to give them a charity payment I was given to buy food with.:angry:

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11 Dec 07 #8846 by scottishlady
Reply from scottishlady
Thankyou all very much for taking the time to comment....
Mike...
Yes.... the summons is in my STBX's name.... no, he is not aware of it as yet, as it only arrived in the post today.
I will call the local authority tomorrow to make them aware of the situation, and to give them his address.
I have applied for ancillary relief, and we have to attend the 'First Appointment' at court on 4th February, although I am totally unsure what to expect at this hearing, and what issues will be addressed.
Finally, yes Mike... your reply helps very much - thankyou.

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