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Voluntary Repossession

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  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,
    Sorry for going off topic, but wanted to ask a question of Craig (CIS).


    Not where I live, but certainly the experience of others on here is something I struggle with the legality of:


    Person (resident) with highest council tax hierarchy goes bankrupt in the current year (with liability order against them) and therefore cannot be chased for debt - some councils are then billing the next hierarchy person instead - such as grown up son living in the property, for that same council tax year at same property.


    I wondered what your thoughts were on that?


    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi,
    Sorry for going off topic, but wanted to ask a question of Craig (CIS).


    Not where I live, but certainly the experience of others on here is something I struggle with the legality of:


    Person (resident) with highest council tax hierarchy goes bankrupt in the current year (with liability order against them) and therefore cannot be chased for debt - some councils are then billing the next hierarchy person instead - such as grown up son living in the property, for that same council tax year at same property.


    I wondered what your thoughts were on that?


    DD

    I'll send you a quick message.

    Craig
    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.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    CIS wrote: »
    I'll send you a quick message.

    Craig
    Ok, thanks.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for that PM response Craig - much appreciated and very useful.


    I may well be in touch further on the issue as you kindly invited.


    DD.
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • I sent my keys back recorded delivery 3 weeks after BR date at the end of December 2014, and a letter explaining my intention.
    The building society called about a month after this explaining they couldn't do anything unless I signed a document which turned out to be a deed of acknowledgement. I told them I wouldn't be signing it and left them to it. They also contacted the other joint mortgagee on the property and agreed to let them sell it, which dragged it out further and further. Eventually in April 2016 the building society took possession and it was sold shortly after.
    It can be a long haul, but stick to your guns and don't sign a thing. They will try all sorts of things to get you to sign that document and tell you they can't do anything without your signature. Of course they can, they are just trying to get you to accept liability again.
    Council tax was payable from the day of discharge to the date of repossession.
  • skint98
    skint98 Posts: 31 Forumite
    Eighth Anniversary Combo Breaker
    Hi we voluntarily surrendered our property in Dec 2013. We spoke to NRAM to let them know what was happening and were told to inform them in writing of the date we were leaving. We were also told to ensure the house was locked up securely and post keys back through the letter box as they would send a locksmith to change the locks. it took 2 weeks for them to officially take possession. We moved to a private let and informed our local council who gave us council tax exemption for the property we left. I was so stressed on the lead up to it all but can honestly say it was really straight forward and was actually a huge relief. Property sold for a £65k shortfall which was included in our bankruptcy. Best of luck for the future.
  • abcdave
    abcdave Posts: 57 Forumite
    Sixth Anniversary
    Something similar to Mollie

    I stopped paying the mortgage in Feb 15' declared Bankrupt in March and sent a letter advising that the property was vacated.

    The property still has not been repossessed...
  • Ok well I decided to go down the honesty is the best policy rought.

    I rang my mortgage provider after work and simply said that I would like to voluntarily surrender my house.

    They went through income expenditure....(again), was asked about the history of the house and then she authorized the repossessions there and then, said forms will be with me in 5 days , and then reeled off a few things which is almost word for word what skint said above.

    I'm obviously aware of the deed of acknowledgment and will keep my eyes peeled. But I just get the impression it's won't come.

    I don't think I've had anything good to say about my mortgage lender in the past but I must give credit where credit is due....time will tell.

    It might work for others but I just get the impression if I'd have just sent the keys back with a letter, I would probably have ignored the calls and letters, when all they needed was a true picture of what was going on before they authorized....it took about half an hour on the phone.

    Just my 2 cents....could come back and bite me in the !!! but we will see.
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