Need help again please, just want to give up.

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Comments

  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    I'm just trying to help him sort out this mess so that we can get back to living instead of simply existing.

    We're all with you on that one.

    The difference between asking for a copy of the tenancy and a Subject Access Request (which I always advise) is that organisations can ignore a letter but can't ignore a SAR. A prove-it letter doesn't really get the detail you need.

    If you do one to the council, and it comes back with a Single Person Discount, then there is some evidence to suggest he a) wasn't there and b) the HA may have been told but didn't record it. Though a SAR would be your best bet.

    Thinking about the council further, he should check the names on the Council Tax Roll too.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • WhenIam64 wrote: »
    We're all with you on that one.

    The difference between asking for a copy of the tenancy and a Subject Access Request (which I always advise) is that organisations can ignore a letter but can't ignore a SAR. A prove-it letter doesn't really get the detail you need.

    If you do one to the council, and it comes back with a Single Person Discount, then there is some evidence to suggest he a) wasn't there and b) the HA may have been told but didn't record it. Though a SAR would be your best bet.

    Thinking about the council further, he should check the names on the Council Tax Roll too.


    Thank you.

    Does an SAR have a specific layout that I can search for a template for on here? And also do you know if they can add further fees whilst we are waiting for a response?

    And also.....sorry.....how do we check the Council Tax roll please?

    All this is new to me, I've never had to deal with this sort of thing before so I apologise that there are so many questions! :o
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    Does an SAR have a specific layout that I can search for a template for on here?

    Not really but the Information Commissioner has a template you can use and amend

    https://ico.org.uk/your-data-matters/your-right-of-access/
    And also do you know if they can add further fees whilst we are waiting for a response?

    Possibly but that would depend on the wording on the agreement that you do not have as yet. Hopefully there won't be a debt so there won't be further fees. And it is all negotiable anyway.
    .how do we check the Council Tax roll please?

    That does need a bit of explaining.

    He simply sends the SAR letter to the Council for all his Council Tax records going back to xxxx. What the council will do is either send them all from xxxx to xxxx or will come back and say they cannot send records for certain years as his name is not on the Roll. A SAR gives you your own information but not someone else's. So it will identify the years the council think he was there.

    It's a simple question to the Council but it needs interpreting when you get the answer back

    Finally and I hope someone else will confirm this. If his name was on the Roll, I don't think it is payable as if the Council Tax is paid somewhere else (the new home) I don't think you can be charged twice. But I am not certain.

    No problem with all the questions. We all help each other.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    edited 22 August 2019 at 2:19PM
    WhenIam64 wrote: »

    Finally and I hope someone else will confirm this. If his name was on the Roll, I don't think it is payable as if the Council Tax is paid somewhere else (the new home) I don't think you can be charged twice. But I am not certain.

    No problem with all the questions. We all help each other.

    Thank you again for this!

    This bit throws up another potential problem. When he moved out of this property that we are discussing here, he went back to his parents for a while, so would not be named on the council tax bill for that property.

    I was aware he had debt before he came to live with me so in order to protect myself, I kept everything in just my name so he isn't named on our Council Tax bill either. Although we do pay the full rate, I used to get the single person discount but I declared it when he moved in with me so I can evidence when that ended - so would that be proof enough?
  • DawnW
    DawnW Posts: 7,439 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Just a thought, but is he on the electoral roll at your address? If so, is it possible to prove when he was added?
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    I declared it when he moved in with me so I can evidence when that ended - so would that be proof enough?

    Should be but we're guessing until you get the paperwork. All will become clearer then.

    In the meantime if he gets approached, tell them he is waiting on (SAR) information from the HA/Council which will make things clearer and he want breathing space as the matter will get resolved.
    Debt collection can take years.

    As SC says there is little they can do in a 30 day period. And as others have said it shouldn't affect the DRO
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • DawnW wrote: »
    Just a thought, but is he on the electoral roll at your address? If so, is it possible to prove when he was added?


    He is yes, I just don't know how to prove when he was added so I'm currently researching to try to find out how I do this.
  • It would appear that electoral roll information is not available to Joe public :(
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    Guess what I am going to say?
    Dear Council

    I do not wish information about everyone. Just myself. Please advise when I was added to the ER

    Please find attached identity to confirm who I am and where I live

    Joe Bloggs
    1 Any Street
    Any Town

    Send it to Democratic Services or the Electoral Officer.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • If he hasn’t yet sent a subject access request, I would suggest holding off on that. Instead he should first request their document retention schedule. This should set out how long the ha has stated it will hold documentation. Once that is received, he should then make the subject access request.
    Mortgage at 01.01.14 £119,481.83:eek: today £0 Emergency fund £5.5/5.5k & £200/200 cash.:jWeight 24/02/19 14st 7lb now 11st11lb determined to stop defining myself by my mistakes. Progress not perfection.:T100%through my 1% mortgage challenge. 40.25% through my pb challenge.
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