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Council tax problems

Hi, hope someone can advise me here, I split with my wife a few year back and money was tight over the period i got deeper into financial trouble, I had to sign up for a trust deed and the bank started repssession of my home.

In April this year i was hospitalised and a few weeks later i never returned to my home but moved in with a friend for a few weeks to recupirate, i handed the keys to my property back and spoke to my trustee regarding this..

I forgot to inform the local council i had emptied my flat and was not living there as i had serious health problems to worry about..

Anyway since then i have been mostly homeless living out of my car and now and then dossing at a mates house. Stirling Park has since arrested my wages and are taking in excess of £120 a fortnight from me.

I called the council and explained my situation and told them the bank had repossessed my flat and it was now up for sale through the bank, The council are now telling me i am liable for the full year and they will not stop the arrestment unless i provide proof that i was not living at the property (6 month unnocupied exemption).. i told them i was homeless and sleeping in my car most of the time but have been told this is not proof and they require written proof from someone other than me..

So question is how do i stand on this, am i still liable till the property is sold and am i eligable for the exemption period and if so whats the best way to go about sorting this out..

Thanks in advance

JL

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So question is how do i stand on this, am i still liable till the property is sold and am i eligable for the exemption period and if so whats the best way to go about sorting this out..

    That's correct however you are entitled to claim a Class L exemption for the period the property was unoccupied after being re-possessed.

    Prior to re-possession you would need to prove that your 'sole or main residence' was no longer in the property before you could claim any reduction or exemption.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Hi CIS, thanks for your reply,,i cant give them proof that i was not living there as i was mostly sleeping in my car, But from what i gather i am still eligeble for a discount due to repossession ?

    Am i correct that this too would only last for 6 months or until the bank sell the property ?

    Also can the bank market the property before the repossession order is complete ? and if they have secured the property and marketed it are they obliged to notify the local council ?

    Thanks for your help.

    JL
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