Thanks Angelone

Your ex can challenge the liablility order if he didn't have notice of the summons. Some people will say to you that that's true, that the council will then serve another one to his new address, and that he'll only get another liability order. Which is true... except:

If your ex wasn't in the property for the period covered by the unpaid bills (or part of them) and in particular if he paid rates elsewhere, then he should argue that he should not be liable either for all, or for the part that he wasn't living in the property. It's not reasonable for him to pay rates twice. Your ex should have told the council that he had left the property, but it's still worth a go.

He's got nothing to lose by trying this.


Nandnorman

Hi NandNorman

Apparently hi Ex recieved the post and did not let him know, in which i suppose that will not be looked on as that he didnt recieve it. So contesting this will be no use.
His name was also on the council bill with his ex's, and looking into this i found that they are both on equal standing on hierachy of liability. We have asked the council for the liability orders that they have, to see if both names are on. Then we will contest this back at court, stating that his ex should be liable for half the payment. It may not get us any where, but we are going to try and fight this, that is why we appreciate any comments made on this forum.
Thanks
Angelone.

Hi Angelone

Did your partner get notice of the liability order? In other words did he get a summons and the opportunity to put in a defence?

If he didn't, there's room to contest liability, but if he did then the liability order effectively means he is liable I'm afraid.

Although your partner's ex's name was on the council bill, can you let me know if your partner's name was on there too?

Sorry to ask so many questions, and yes, the CAB is always a great source of general advice - if you go there, take any bills etc so they can see the problem as clearly as possible

Best wishes

NandNorman

Hi
Thanks for your reply, the only other problem i can see is that this was taken to court on4/10/2000 and there is already a liability order out. Will he still have to pay even if he thought his ex was paying ( even though he has paid his half ) and it has only come to light just 3 days ago she wasnt and also her name was on the council bill, so surely this half of the bill is hers. I feel that they are harrassing him because he pays all his bills to-date and he is an easy target. Would going to the CAB be of any advantage???

Angelone

If the bills are more than six years old then your partner cannot be made to pay them under the Limitations Provisions Acts.

If your partner was not living in the property during the other periods within the last 6 years, there's a good chance he isn't liable to pay them.

If he was living in the property he'll have to pay I'm afraid.

If that's the case if I were you I'd still get your partner to ring the council, explain the probs, and plea to settle for less than they are demanding

Hope that helps

NandNorman

My partner recieved today 3 bills from owing the council tax from 2000,2001 and 2002. He phoned them to see what they were about, for as far as he was concerned, he had payed it all off.
He then found out that the bills ( £1064.16 ) was from when he was in a previous relationship. This was the other half of the bill that his ex wife was due to pay.
As the council could not get any response from her, they decided that my partner is liable for them, and have refused to again contact his ex to try and get the monies from her.
I was just wondering were he stands with not paying or will he have to pay the bills and take his ex to court to get the money back from her. Also do they have the right to claim after 6 years as he has no proof of even paying his half back.