council tax chasing me for my dead fathers debt

vespaeeyore

Can anyone help me with my problem of my local council chasing me for my dead fathers debt?
My father died recently leaving no will, no money in his bank account, and no money for his funeral, just lots of debts. He lived alone in a part-furnished rented flat which we emptied of his personal belongings (not a lot, and not in very good condition), we didn't get his deposit back as there was too much damage and repair payment required taken from the deposit. I had to pay for his funeral by credit card as they wouldn't bury him without a deposit being paid and assurances that the balance would be paid within 6 weeks.
Despite me writing to the council with copies of bank statements of empty accounts, copies of the funeral bill, and copies of all other outstanding debts, they keep phoning me to say that they 'cant just write this off and I have to pay it'
Its not my debt, my dad didn't live at my property, he had no estate, anything he did have was of minimal value and we sold it at a bootsale to go towards paying the funeral, and I am still in debt for over £3000 on my credit card, so why do they say I have to pay it???
Where do I go from here?

Tixy

I would write a formal letter of complaint to the council and if they ring you again after that then I'd possibly contact your local councillor or even MP to complain.

vespaeeyore

I did try writing again complaining about them harassing me about this but the last person from the council who phoned me recently just said 'I only have record of 1 letter from you'! Seems they conveniently lost my complaint! So I have sent in another letter. I'm just so worried about them pursuing me in court over his debt.

bossymoo

As I understand unless it is a joint debt only the estate is responsible, not the executor / administrator and certainly not a relative.

Just reply stating your father died intestate, and there are no proceeds from the estate to settle his debts, therefore they need not contact you again, as you are not personally liable for the debt.

They will have to write it off. Even if they don't want to.

How did they get your number? Tell them expressly not to contact you by telephone unless it is regarding your own CT bill. Point out If they continue to call you will put in a formal complaint for harassment.

They have no grounds to pursue you unless you are named also on the CT bill or acted as some kind of guarantor, which isn't likely.

I can see why it's bothering you though. Hope they leave you alone soon.

National_Debtline

Hello there,

If you have sent them a copy of the death certificate and evidence that there was no estate, they should not be hounding you. If you have tried to resolve this with them to no avail please do consider involving the Local Government Ombudsman:

http://www.lgo.org.uk/

0800 061 0614

Best wishes,

David @natdebtline

Marauder999

Sorry to hear of your loss.
Did you try applying to the DWP for a grant for the burial as it sounds like there was no money left in the estate to cover this at all?

vespaeeyore

I did apply for a grant but was refused as my grandparents (his parents) are still alive. They seem to expect them to pay for the funeral even though they have no savings and live on state pension only. They have even less money than me so I couldn't ask them to pay for the funeral I just paid for it on my credit card.

vespaeeyore

Thankyou for the link and this advice, I am using this in my new letter of complaint to them.

thesim

Just to add, make sure any letters are delivered by hand to the council

vespaeeyore

Thanks, yes I will be hand-delivering in future, they can't lose them then! (I hope!)

harrys_dad

vespaeeyore wrote: »

Thanks, yes I will be hand-delivering in future, they can't lose them then! (I hope!)

Make sure you get someone to sign for them.

This link https://www.gov.uk/funeral-payments/eligibility also suggests that your grandparents could and maybe should apply for a funeral grant as they are on pension credit. I suggest you go to CAB and ask for advice on this. Even though you have paid they might still be able to claim a grant to reimburse you some of the money.