Sequestration

Spartukus

Hi I have a sequestration against me for council tax at an address I never lived at.

Ive always lived at my parents home but I was seeing a girl back then and at the time I wanted to get some credit out in my name so I put her address down for it as my parents are obsessivly nosey with my mail and lifestyle choices.

But I have found out that back in 2009 I had a sequestration out against me which is discharged now for that address for council tax but I never lived there?

What should I do?

dojoman

Are you bankrupt?

Spartukus

Im not sure? Not that I know off just the sequestration against me which i want to get removed. The council is the only one on it.

wildheart83

Dojo sequestration *is* bankruptcy in Scotland.

I would speak to Citizen's Advice to see if there's any way you can have this annulled. It sounds to me (and this is only my opinion) that you have been added to the address somehow as a tenant / occupier.

It all comes down to whether you can prove that you didn't live at that address

Spartukus

No way I was never a tennant and how can the make a bold statement as to say I was occupying the address. The only way I can think is that they used the votersrole or my mail that was left behind when she left the address.

What type of proof do you think I will need? I have my parents that can say I lived with them, not sure if I would be able to contact her havent spoken in years not exactly friends.

dojoman

Thanks for clarifying that WH, much appreciated.:)

wildheart83

It gets very complicated when we have different words for the same thing up here!

I had a similar issue in that I was being pursued by the council over unpaid council tax from an address that I had moved out of sometime before.

Do you know if your ex leased her flat or if it was mortgaged? If it was leased, do you know the letting agency that she used?

The first thing to do is to seek professional advice on this, as the council wouldn't have made you bankrupt if they didn't think they were right (which I'm not saying they are!)

Also get in touch with the council involved and see if you can make an appointment to go in and speak to someone, if not make sure anything you discuss on the phone is followed up in writing.

Spartukus

Her landlord was a housing association which I was never on the tenancy. Like I say the only thing that can tie me to the address is my mail.

wildheart83

If it was me, I'd get in touch with the housing association, to find out what info they hold on you. It might be a case of sending a SAR giving the address your ex lived at and taking it from there.

A possibility is that your ex has fallen behind with the council tax, and while you weren't named on the tenancy it's gone to a tracing agency who has uncovered a link between yourself and this address. It doesn't mean that you owe the money or that the sequestration is justified, but it might explain why it's ended up with you.

Have you looked on the insolvency register to see if your ex has gone BR? - roi.aib.gov.uk/

Spartukus

Yes she is also on it same time same court etc also what is a SAR?

wildheart83

SAR - Subject Access Request, costs £10 and will give you access to all info the company holds on you. Send a postal order for the cost, and send your request by recorded delivery. The company then has 40 days to comply.

I don't know whether you'd be better to send it to the housing association or the council, personally if you can afford it send to both and see what info you get back.

It should highlight when your name has been added onto the council tax bill.

Councils don't mess about in bankrupting people for council tax arrears, as you've found out to your cost but I think you should be able to get this annulled.