CCJ for a house I don't own!

hedger

I owned a rental property that I sold 5 years ago. A person that I vaguely know now lives in the house. He received a letter to his house that had my name on it so he gave it to my mother. When I opened it it informed me that a Decree in Debt Proceedings has been granted for outstanding rates on my former rental property! They threaten to seize property, stubbs gazette, attachment of earnings etc

I sold this house to another landlord and all the rates were paid up to date. Im hunting through paperwork but Im almost certain I informed the rates office that I sold the property and that I had stopped the direct debit. It is only by pure chance that I received this letter and I havent received any previous correspondance.

What can I do to overturn this nonsense?

lincroft1710

Are you in Northern Ireland as in Eng, Wales and Scot, rates are only payable on non domestic property. You really need someone who is knowledgeable about N. Irish law.

GavB79

I got the impression he was referring to council tax?

Yorkie1

GavB79 wrote: »

I got the impression he was referring to council tax?

The phrase 'Decree in Debt Proceedings' is not a phrase commonly used in Eng & Wales civil courts, hence the query of which legal jurisdiction applies. Important issue.

G_M

You need to hunt out paperwork or bank statements to prove you paid.... rates? council tax? whatever up to the date you sold the property. Then take this, together with evidence of the date of sale, to the relevant dept.

Tigger-Roo

It sounds like NI Court Proceedings to me. I'm only vaguely familiar with them.

You need to find that paperwork to prove the date you sold the property and also to prove that rates were paid up to that date. Decree is another word for judgment. I don't know how the Irish courts work, the wording may be different, but you need to contact the court and ask for paperwork to 'Set Aside the Decree'.

If this is the same as the English court system then you will file your reasons for wanting to set aside the Decree along with the relevent back-up and this will go forward to a court hearing.

Providing you have all the paperwork to back-up your case then you should have no problem.

hethmar

I assume the solicitor who handled the sale will be able to back up the facts?

hedger

issue solved thankfully! had to prove sale of the house via my solicitor and all rates had been paid up to date. Im actually getting a £70 rebate :j

Yorkie1

Even better!