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200% Council Tax for inherited retirement flat I can't sell, sublet or live in (costing £8K/year)
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The council may get a charge placed against the property if they are able to do so, to ensure that the executor can't attempt to avoid settling the debt upon sale, and the estate would be liable for the costs of their obtaining such, but it doesn't make sense to use personal funds to settle the bill. They can't send the estate to jail for non-payment.
Is the bill in the name of the estate or your spouse's? If it is in your spouses, it needs to be changed to that of the estate. If the estate should still be liable, I suspect the court would take a dim view of the council incorrectly billing, refusing to correct and then wasting the court's time with the matter.
Taking out a loan is madness. Even if your spouse were personally liable, the court would not expect him to take out a loan to pay it but instead to set up a reasonable payment plan.
I'm assuming the property is not easy to sell for the same reasons as the OP's mum's. If there were guaranteed to be funds left in the estate once sold such that the council would eventually be paid, and you had the money, then it might be better to pay it to save the hassle, but that's not the case here.2 -
We are contesting the debt now we have spoken with CAB would we have to provide 'Prove it letter'1
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Only communications have been on the phone I believe0
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Only communicate in writing going forward - email where possible. Then there is evidence of his trying to resolve the matter that can be presented in his defence if the council don't budge. When an agreement is reached on the phone, you are relying on the person you speak to to record it correctly on the file so that no action is taken to recover the monies in the meantime. If this doesn't happen, or the council now can't find a record of it, it may explain why they have done this.MerlinTT said:Only communications have been on the phone I believe
I'll leave others to advise as to a 'Prove It' letter - I hadn't realised that they could be used in relation to a council tax debt.
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Thank you0
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