Chased for Council Tax that's not mine

allyb79

I hope someone can help.
I have received a letter from WalkerLove Sheriff Officers (Scotland) with a demand for Council Tax Payments on an old joint owned property. I called them to find out what was going on and it turns out that when i split from my partner just over 10 years ago in 2006, he took over the house then he stopped paying the council tax in 2012/2013 and as they had me on as a joint tenant they're now chasing me for the money!!:mad::mad:

I was very careful when I left to make sure I removed myself from the mortgage, removed associations from credit agencies and advised the council that a I was no longer living in the property but as this was in 2007, I no longer have any paperwork (and the mortgage with with Northern Rock so no chance of getting any info from them).

I've checked my credit scores and there's nothing on any of them so I will call the council on Monday Morning, if they dispute that they have any record of me leaving the proper what can I do?? Do I have to show proof from another council that I was paying council tax there to get them to remove me from the file?

I'm really worried as the debt is now at £1080.00

sourcrates

Hi,

Your best bet is to dispute it with the council first, speak to them, see what they can do for you.

You should not pay this if you did not live there.

CIS

The local authority have something which indicates that you were either 1) still resident or 2) not resident but still named as a legal owner with Registers of Scotland (if the property had been unoccupied during the period in question)

As Sourcrates has pointed out the way forward is to contact the local authority and discuss the issues with them - the Sheriff's Officers will only take the instruction from the Local Authority. Until you've discussed the situation with the Local Authority the way forward cannot be fully ascertained.

Craig

allyb79

Thank you for your replies, I have contacted the council today and they require proof from another local authority that I was paying CT there (which I have requested) and also a statement from the Register of Scotland which shows I was not on the title (costing me £24 but it's better then £1k!!), bloody annoying that they have no record of the letter I sent them back in 2006 �� I hop that this will be enough to get them off my back...

Guest101

How did you remove yourself from the mortgage but remain a joint tenant??.....

allyb79

I didn't and that's what I need to prove, I gave him the house and moved out.

On_a_Shoestring

allyb79 wrote: »

I didn't and that's what I need to prove, I gave him the house and moved out.

Surely this will be clear on the land registry title register? (Not sure if it's different in scotland though...)

allyb79

I've spoken to the council and the land registry title change isn't enough. Unfortunately the council tax for my new house is in my new husbands name so I'm at a loss of what to do next.

Guest101

allyb79 wrote: »

I didn't and that's what I need to prove, I gave him the house and moved out.

But then you are liable for the debt.


Your original post said: I was very careful when I left to make sure I removed myself from the mortgage, removed associations from credit agencies and advised the council that a I was no longer living in the property but as this was in 2007, I no longer have any paperwork (and the mortgage with with Northern Rock so no chance of getting any info from them).



Given that isn't what happened, why do you think you aren't liable, as an owner?

CIS

allyb79 wrote: »

I've spoken to the council and the land registry title change isn't enough. Unfortunately the council tax for my new house is in my new husbands name so I'm at a loss of what to do next.

The registry title would only be insufficient if the council are determining that you were still physically resident in the property. You need to supply any other evidence you have which shows you were living elsewhere at the time - if someone else was resident then you cannot be liable if you weren't resident. If the property was unoccupied then you weren't liable in case as long as you were not a joint owner for the period in question.

You should be listed for the council tax on your current property as jointly liable - you need to get that updated as it it will help in future.

Craig

On_a_Shoestring

Will they accept utility bills, payslips and bank statement as proof that you were living somewhere else? Where I work I often have to help people prove residence and this is how we do it. A written statement from new hubby may also help but they don't always accept it.