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Council tax and insolvency record on credit file?

Spartu
Spartu Posts: 11 Forumite
edited 14 July 2014 at 1:54AM in Credit file & ratings
Hello,

I recently checked my credit report to find I have a discharged insolvency record on it. Freaked out I noticed it was for my local sheriffs court. So I gave them a phone to ask what it was and how much for and they said it was for £4000 and it was taken to court by my council for council tax arrears.

He then told me it was for an old address that I was never a registered tenant nor was I paying council tax. It was an ex partners house but I only had some of my mail sent there because I have nosey parents.

I know my ex partner never paid anything towards council tax for years but it really isnt my problem.

How on earth did the council think or find out I was even there and then have the sheer cheek to put an insolvency against my credit report for the full amount?

Is what they have done even legal?

Can I contest this and have it removed from my report? It says I have two years before it is removed from my file but I am looking for the right to buy and with this on file 1. the council wont allow me to 2. no bank will give me a mortgage.

Hope some one can help.

Thanks

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    As far as I am aware in Scotland your are jointly and severally liable for the whole CT bill if you are a "resident" of the property, irrelevant of what your legal tenancy status may be.

    What is this insolvency record? Does it say? I presume sequistration/bankruptcy?

    If so then the only options would be to appeal, set aside, apply for annulment or whatever the Scottish equivalents are. If the debt was due and payable prospects of success could be limited though and/or costs high.

    You should seek some advice from National Debtline and then most likely some formal legal advice if this is indeed a bankruptcy.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He then told me it was for an old address that I was never a registered tenant nor was I paying council tax. It was an ex partners house but I only had some of my mail sent there because I have nosey parents.

    If you were living in the property with your partner then you are jointly liable for council tax regardless of whether your name was on the tenancy or not.
    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.
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