Rant time...

weegie.geek

I got a letter from a debt collection agency, saying I owe 4 years' worth of council tax for a flat I lived in for 6 months, over 3 years ago.

Apparently the landlord's told them I moved in long before I did, and that I moved out long before I did. (or still haven't moved out? Not sure.)

Since it was so long ago, I don't still have copies of bills or the SAT agreement. I'm pretty sure I have no way of proving when I was and wasn't there. I'm not sure why it's taken so long for this "debt" to catch up with me. I've stayed at two properties since then. One another 6 month lease. I've then lived at my current address for 2.5 years plus. I had health problems when living in the "middle" flat, so was definitely claiming CT benefit then, because I wasn't working.

Who is the onus to prove where I was, and when, on? It's a lot easier to prove you were somewhere than you weren't. I phoned them and they want me to write a letter detailing when I was there, but it was so long ago that I don't have records any more, and part of my ill health is impaired memory, so I'm lucky to remember last month, never mind years ago. I'll be able to provide approximate dates, but nothing concrete.

The landlord will hopefully have copies of the SAT, but it turns out he wasn't a registered landlord so perhaps he won't. And it appears that he's told them I was there before and after I actually was, so it looks like he's actually made an effort to lie about it, rather than any mistake having been made.

:rolleyes:

If it turns out there are any arrears from when I was actually there, I'll pay it of course, but there's no way in hell I'm paying for a flat I didn't live in. :mad:

m_13

Can you get dates you have been paying council tax from the authority you are paying now and the one from the 6 months before?

Where did you live before that flat. Which LA did you pay council tax to there?

What about searching the old electoral rolls for the areas you used to live in? They are updated each year and should show who was living in the property.

I doubt the property has been empty for the past three years. The electoral roll should show who was living in the property and also confirm where you were living.

Good luck

weegie.geek

Not sure if I was on electoral rolls, so if it's possible to not be on electoral rolls, that's me again in a situation of having to disprove something, surely? Thanks though, I'll send the letter off and if I get no joy I'll work out how on earth to search electoral rolls.

Before and after that flat were both the same LA, the current LA is different. I didn't pay CT directly in any of these properties, my flatmate(s) dealt with it, and I did other bills.

For a bill from 2004+ to sneak up on you like this is infuriating, especially since I only owe a fraction of it, if any.

misskool

192.com searches electoral rolls. you might have to pay a small sum.

m_13

OK. Are you in touch with your previous flat mates? Perhaps they could help you with the dates. CT benefit should definitely know about the 'middle' flat dates so perhaps you could work based on either side of that?

What about the utility suppliers if you paid the other bills? Do you have old bills that are final bills for the properties? What about old cheque books that show who you paid and when?

I'm sure with some investigation and tracking down you can show this is incorrect. I'd write in once you have a better idea of dates but don't leave it too long.

The electoral roll is based on a return that comes out for each property each autumn. Local libraries keep copies. One of your other flat mates might have filled it in in which case you'd be on. Unfortunately the census won't help you as it was last completed in 2001 and is every ten years.

tbs624

The electoral roll being correct depends on the occupants of the property sending in their returns and some don't "get round to it", particularly if they are only there for 6 months.

Am assuming you are in Scotland as you mention an SAT and LL registration. LLs had to register from 30 April 2006 onwards - Check with the local Council that they are aware that he hasn't registered ( it won't cover the peiord of your tenancy with him but if he hasn't bothered toregister from the appropriate date then he can be fined, and it's a useful indicator that he is probably unreliable on other tenancy issues)

How did/do you pay your rent? Have you kept bank statements? Did you notify your bank of changes of address? Are you registered with a GP/dentist, and if so did you keep them notified of a change of address? If you are working presumably your employer has been kept up to date with your changes of address? If you claim benefits there will be evidence of your address.

You will clearly be able to show that have lived where you are now for 2 and a half years, and if you say you claimed CT benefit for the "middle" flat then you can get that one tracked down too.

You need to write back saying that your recollection is that your tenancy was for a period of xxx months from roughly date to date and you will look for paperwork to back that up. There are law centres and CAS (Citizens Advice Scotland) who can help you sort this out.

For future reference don't leave notifying utility suppliers and c tax officers that you have moved out up to the LL to do - do it yourself in writing and keep a copy.

weegie.geek

misskool wrote: »

192.com searches electoral rolls. you might have to pay a small sum.

Cheers MK.

tbs624 wrote: »

The electoral roll being correct depends on the occupants of the property sending in their returns and some don't "get round to it", particularly if they are only there for 6 months.

Being someone who's pretty bad at getting round to things, this is probably the case.

Am assuming you are in Scotland as you mention an SAT and LL registration. LLs had to register from 30 April 2006 onwards - Check with the local Council that they are aware that he hasn't registered ( it won't cover the peiord of your tenancy with him but if he hasn't bothered toregister from the appropriate date then he can be fined, and it's a useful indicator that he is probably unreliable on other tenancy issues)

He was pretty useless as a landlord, yep. Didn't fix things etc. Had hobs but no oven for the latter half of the tenancy.

How did/do you pay your rent? Have you kept bank statements? Did you notify your bank of changes of address? Are you registered with a GP/dentist, and if so did you keep them notified of a change of address? If you are working presumably your employer has been kept up to date with your changes of address? If you claim benefits there will be evidence of your address.

GP and benefits, yep. Dentist no because I'm terrified of 'em. I MIGHT have bank statements still. Rent was paid cash, into his bank account every month. The branch was across the street so it was easiest.

You will clearly be able to show that have lived where you are now for 2 and a half years, and if you say you claimed CT benefit for the "middle" flat then you can get that one tracked down too.

Hopefully so.

You need to write back saying that your recollection is that your tenancy was for a period of xxx months from roughly date to date and you will look for paperwork to back that up. There are law centres and CAS (Citizens Advice Scotland) who can help you sort this out.

For future reference don't leave notifying utility suppliers and c tax officers that you have moved out up to the LL to do - do it yourself in writing and keep a copy.

Excellent, thanks.

You're bang on about not trusting LLs to do things*. If I'd thought it'd cause this much trouble I'd have checked and double checked. It's the dates from before we were even living there that really annoy me. I've sent an email to the guy I shared the flat with, hopefully he has some more solid dates.

* I'm sure most LLs are great. I should've known with this one though, he was/is a lawyer. :mad: