deceased council tax bill arrears!!

tigtag02

G51shopaholic wrote: »

In Scotland funeral costs come off first before any debts, is it the same in England?
Sorry to hear of your loss, same thing happened in 2007 when my dad died. Housing Association gave us two weeks to clear house, after which they said they'd seek rental payment.

No sympathy nowadays!

Yes, its the same in England.

Xbigman

Yes funeral costs come off first BUT you do need to make some attempt to justify any money spent, and use any reasonable residue to pay creditors.

Whoever arranged the funeral should have sent all creditors a letter with a copy of the death certificate. In the letter it should have laid out the assetts of the estate, the receipt for the funeral and (optionally) a statement detailing any other creditors. This will get all creditors off everyones backs. Creditors are entitled to ask questions and if they think there is money available, even pennies, some will try it on. Councils in particular think they are a priority creditor, even when they are not.

Putting together the above letter and sending it out should show the council there is no money. Make sure you admit no liability for anything. IE don't make any comments like 'I even paid one bill myself' to anyone. They may think you are a soft touch.
Regards



X

zzzLazyDaisy

Actually that's a good point. It isn't a good idea to simply ignore them as they will keep hounding you.

What you need to do is to write a letter along the following lines and send it to the council and the debt collectors.

Dear sir

[brother's name (deceased)
[Address]
[insert reference from letter]

I refer to your letter of [date] and earlier conversations.

As I have explained, my brother, Mr [name] died insolvent on [date].

Mr [name] lived in rented accommodation and had no assets apart from a few personal belongings.

Attached is a copy of his final bank statement dated [date] together with a copy of the invoice from the funeral director dated [date]. As you can see, once the funeral costs have been paid there are insufficient assets to pay Mr [name]'s debts.

I trust that this information is sufficient for your purposes and that you will now cease harassing me with demands for payment of Mr [name]'s debts.

Yours etc

snoop2008

Hi there xbigman, I did recieve a letter early January from the housing benefit team that my brothers benefits of housing/council tax will cease on the 7th Decemeber when I reported him as deceased. As far I knew that is all I had to do. He had no other debts to clear, he paid everything on time without fail!! and kept all his reciepts would you believe in his diary.

The fact that they had written to me to say all benefits and council tax would be cancelled, suggest to me that this information was all that was needed, but I didn't expect to receive a bill of council tax arrears and letters to say a bailiff with be calling to recover the amount! . This is very stressful to say the least!

I actually believed that because he had no assests, no property, but rented his home, that the process of letting the benefits team was enough!! now from what your saying this may not be the case. Do I now have to provide some of the infomation you suggest just to show them everything is above board?

I have a severe disability myself and claim benefits so I do not know how I will able to pay off the arrears if that is what I have to do. I thought as he owns nothing but only had some savings, there would be no need to provide any extra evidence. When my grandmother passed away and my dad, this never happened. We did the same, informed the benefits team and that was the end of that! I am wondering what has changed this time and why after having been sent a letter to say his benefits have stopped the same day I reported him as deceased they have continued to haunt me!!

snoop2008

zzzLazyDaisy wrote: »

Actually that's a good point. It isn't a good idea to simply ignore them as they will keep hounding you.

What you need to do is to write a letter along the following lines and send it to the council and the debt collectors.

Dear sir

[brother's name (deceased)
[Address]
[insert reference from letter]

I refer to your letter of [date] and earlier conversations.

As I have explained, my brother, Mr [name] died insolvent on [date].

Mr [name] lived in rented accommodation and had no assets apart from a few personal belongings.

Attached is a copy of his final bank statement dated [date] together with a copy of the invoice from the funeral director dated [date]. As you can see, once the funeral costs have been paid there are insufficient assets to pay Mr [name]'s debts.

I trust that this information is sufficient for your purposes and that you will now cease harassing me with demands for payment of Mr [name]'s debts.

Yours etc

Thanks also Lazydaisy, I think this is what I will have to do!!!

tigtag02

snoop, send them the letter as lazydaisy has drafted for you and PLEASE stop worrying about having to pay the arrears - you are NOT liable and it is doing nothing for your stress levels.

If you still think you need some further backing pop down to CAB and ask them to write the letter on your behalf.

Take care
tt

snoop2008

Thanks tigtac and everyone else who have given your support. Lazydaisy I will do what you have kindly drafted here for me, thank you so much, as I would not have an idea how to do that or even what to put. I feel as if I think straight, but I will stop worrying tigtac knowing that I do not have to pay them. I guess I should have done this from before but just didn't know how!! much appreciation to all of you. And thank you too xbigman from your helpful points also.

Careful_with_that_Axe

What a nightmare for you. I would copy the letter to the Chief Executive of the Council with a covering letteroutlining the circumstances so that you could at least get an apology!

snoop2008

It certainly is careful with the axe. I can not help wondering if this happens to so many other people who have to go through the same thing as me and haven't got a clue about this legal symstom on what to do when someone dies. Oh my goodness, it's a mine field of stuff to sort out!! I hate councils!!!

zzzLazyDaisy

Snoop, if the benefits team were dealing with this, I would copy the letter to them as well.

But please be clear about this. If there are council tax arrears, then the debt is your brother's. If he had no money then the debt died with him.