Bankrupt via Council Tax

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Can someone please help me with what I can do about this problem. I have not said I will not pay , but I was not given a fair hearing.
In March 2005, I travelled ,while I was there I fill ill. I could not travel. I was advised not to travel for medical reasons. I could not afford to maintain myself where I was and at the same time maintain my house rent, so I rent my house out in order not to lose it. I had my cousin give to an estate agent to rent it out. The estate agent was to pay the rent and all other local expenses.
I got back into the country temporarily in 3 June 2006, When I returned I stay with my Daddy, since there was a tenant in the house. I later left again for my medical follow up to return in February 2007.
According to the council`s recode they were aware that there was a tenant there. The council by their own admission (which was recorder on the 23 May 2006) knew I was not presently staying at the property. I had no contact with the council until 2007..
According to the council they delivered a Statuary Demand, which was not received by anybody, which is supposed to be delivered and signed. But the council was aware that there was noone in the property. I appealed the bankruptcy order the first time and the council got their letter from the court, their own records show that they were not sure and went back to check the voters electoral roll, (which was carried out on the 15 of December 2008, which is not proof that I was in the property or in the country for that matter. It only shows that they were not sure of what they were doing. As a matter of fact. When did served the statuary demand in 2006. I was not on the voters list. The tenant at the time had taken my name off.
The amount I was made bankrupt for is £4500, the amount they wan now is £65000.
If I was not aware that I was being taken to court, how could I have gotten fair hearing, therefore I believe I was not given a fair chance to defend or come up with the a plan to pay this money. According to article 6 of the human rights act :1, every person is entitled to a fair and public hearing to be heard by an independent tribunal established in law and in a reasonable timeframe. 6(3b), to have adequate time and facilities for the preparation of a defence, and (3c), to defend himself in person or through legal assistance of his own choosing or if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so requires.

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
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    you will probably want to post on the bankruptcy board, but in answer to your question all they have to do is show that they have made a reasonable effort to serve the paperwork on you, you can be made bankrupt in your absence because if not everyone would just run away from their debt.
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • DAPSON45
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    I did not run away. I went to them and offered to pay the money. £4500 is now above £50000 +. When I own the property. What grounds wound have to run away,when I have almost about £75000 in the property.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
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    i am not saying you have run away just that, that is why the law exists as it does as you were asserting that they have not followed the rules correctly. If they have served the correct paperwork on the address that you have given them then they have followed the rules correctly, did you keep them updated with your current address at all times so that they could send the paperwork to the correct place
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • dane-katie
    dane-katie Posts: 961 Forumite
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    I am a little confused the original debt is £4,500 but they are asking for £65,000?

    You say the estate agent was to pay rent and other bills, do you mean the estate agents client who would rent the house out would be responsible for the bills? did you keep a copy of that contract?

    Was the house being rented out for the whole time they say you owe the money? (march 2005 to feb 2007)

    Did you contact the council and let them know it was being rented out, seems like they didnt know anything and they think you lived there still.

    Have they already made you bankrupt?
    Is a Bipolar bear :p
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