Council tax summons, Help really needed

[travelchick]

Hello All,

 

This is my 1st post and really not sure what do so so wondering if anyone here can help me?

 

My husband an I split up 2 years ago, when we where married we had a buy to let property which had tenants in it.

because I was unable to take charge of the house I agreed that full rent went directly to my husband and he paid the mortgage on the house (rent covers mortgage and leaves a little for repairs)

 

Then last dec my tenants moved out I only found out recently that the property has been vacant since then (we live about 4 hours away from the house so letting agent dealt with it)

 

The letting agency went bankrupt a good few months ago so I have had no contact with anyone to do with the house.

 

Yesterday my ex husband put a court summons in the children's bags for me to find when he dropped them off.

The court summons is for council tax bill for feb 09 to feb 10 for about £580 plus £70 court fees.

 

firstly the house has been vacant, but worse they have sent the summons in my name ONLY EVERY DOCUMENT WAS POSTED TO HIM? he has ignored every bill and threatening letter and waited for me to be taken to court before he even let me know that this was happening?

Im so upset, if he had phoned them on the 1st letter an told them its unfurnished an vacant there would be no bill BUT WORSE he has just sat back an let this happen because the council have listed the bill in my name?

 

I phone the council today who said that its a call back service (no exceptions) and its a 10 day wait period? my court date is on dec 2.

I cant get to the court date as its to far away. But the letter states if I dont show with a valid argument against the debt then It will go against me?

 

I have no idea what to do about this, the council said that they have proof of posting docs which means that they are covered by the courts BUT they have been sending the bills to my husband not to me (even though it was in my name?)

 

Any advice would be amazing

 

thank in advance

xxx

[Mr Worried]

Hello All,

 

This is my 1st post and really not sure what do so so wondering if anyone here can help me?

 

My husband an I split up 2 years ago, when we where married we had a buy to let property which had tenants in it.

because I was unable to take charge of the house I agreed that full rent went directly to my husband and he paid the mortgage on the house (rent covers mortgage and leaves a little for repairs)

 

Then last dec my tenants moved out I only found out recently that the property has been vacant since then (we live about 4 hours away from the house so letting agent dealt with it)

 

The letting agency went bankrupt a good few months ago so I have had no contact with anyone to do with the house.

 

Yesterday my ex husband put a court summons in the children's bags for me to find when he dropped them off.

The court summons is for council tax bill for feb 09 to feb 10 for about £580 plus £70 court fees.

 

firstly the house has been vacant, but worse they have sent the summons in my name ONLY EVERY DOCUMENT WAS POSTED TO HIM? he has ignored every bill and threatening letter and waited for me to be taken to court before he even let me know that this was happening?

Im so upset, if he had phoned them on the 1st letter an told them its unfurnished an vacant there would be no bill BUT WORSE he has just sat back an let this happen because the council have listed the bill in my name?

 

I phone the council today who said that its a call back service (no exceptions) and its a 10 day wait period? my court date is on dec 2.

I cant get to the court date as its to far away. But the letter states if I dont show with a valid argument against the debt then It will go against me?

 

I have no idea what to do about this, the council said that they have proof of posting docs which means that they are covered by the courts BUT they have been sending the bills to my husband not to me (even though it was in my name?)

 

Any advice would be amazing

 

thank in advance

xxx

HI T C

 

Firstly you must calm down and chill out, this scenario would take me about 10 pages to explain, so I will leave it for the more experienced cager to comment, but believe me help will be along very soon.

 

Initially I would put everything in writing to the councill explaining just as you have in your thread, I would also write to the court and see if you can have the case transfered to a court nearer to where you reside now.

 

Mr W

[travelchick]

Thank you for your advice Mr worried

 

x

[Mr Worried]

Thank you for your advice Mr worried

 

x

 

Hi tc nice to hear from you, if you need anymore input then you can hit the triangle at the bottom of the page, but I think you need to get the letters out .

 

Mr W

[BlurredFX]

This should really be in the Bailiffs Forum.

 

I suspect the site team will be very busy today, looking at the Supreme Court's Judgement on Bank Charges.

 

Speak to the Council concerned and explain to them. The important thing at this stage is to speak to them and liaise with them - this will prevent nasty enforcement action such as Attachment to Earnings or worse still, Bailiffs. Should it come to it, they can be dealt with, but right now the important thing is you get speaking to the Council.

 

A word of advice, don't believe a word the Council says - get it all in writing and make your points in writing as well. But it IMHO it isnt always bad to speak to these people in the early days, to see if you can find someone reasonable.

 

In my limited experience, this is quite easily handled, but it might take a few days - maybe longer - but we should be able to get a handle on it reasonably easy.

 

Regarding your Husbands tactics, I cannot comment - the Council just want their money. Do you have previous letters showing his name on the Council Tax?

 

Regardless, the summons is in your name so right now you have to deal with it. Sorry if that is a stress.

 

Impress upon the council about it being empty, they may back date it, but they may ask for evidence.

 

Keep us posted.

 

Blurrred

[BlurredFX]

Initially I would put everything in writing to the councill explaining just as you have in your thread, I would also write to the court and see if you can have the case transfered to a court nearer to where you reside now.

 

Is pretty much what I would say!

[BlurredFX]

Post drafts of the letter up for people to look at.

[adridude]

ok I come as the evil guy who might being bad news.

 

If it does come to court.... whilst you are waiting one of the ushers will talk to you. The will have a "liability order". This is an admission that you owe the money and tha tyou will try and pay it back.

 

In my experience, they are very understanding and will come to a very very amicable solution.

 

If you refuse to pay anything back, THEN you are dragged into court. The judge will set a minimum repayment amount (based on any income and expenditure) and you HAVE to stick to it.

 

If you dont, baliffs will pop up and say howdy if you dont!

 

Anyway, i didnt mean to be sinister, but I had to point that out.