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Council Tax - Liability after eviction


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If anyone has any advice on the following problem I'd be very thankful.

 

I'll summarise but it's alongone.

 

I signed a Scottish Trust Deed Mar '08 (Scottish IVA ish). I owned the property my wife and I stayed in.In Aug '08 we separated. I left the property and she found an appartment soon after. I informed my trustees that the house was to be sold, as the separation was initially 'messy'. I found rented accomodation. The trustees then insisted I clear it of all belongings. Once I did that the trustees changed the locks. I then ceased to pay the mortgage as the expected equity would cover my TD and more. I had no means of entry, no means of accessing any services. The council insisted I was liable for council tax, and I have to say as I was paying a new council tax, different council, I felt VERY hard done by, as I had no influence over its sale and I was completely excluded from entry (locks changed).

 

Eventually I payed the bill (50% reduction except for Water charges, which was over £1000), suffering quite a bit of hardship after the separation (trust deed, solicitor fees & MORE).

 

My trustees failed to sell this (credit crunch blah blah) and 20 months (I would never have believed it would have taken that long when I left) later it was still up for sale (they never discussed much with me regard the sale, and I dont believe they did much in terms of maintenance)

 

They then informed me that it looked like that the Bank would reposess. As I no longer lived there it was a case of the sooner the better as the whole thing was depressing me.

 

Finally I recieved an eviction order from the Sherriff officer telling me the eviction would take place on the 15th Feb 10. A letter from the banks solicitors told me that if I wished to discuss I was to phone them, if not on the eviction date they would be in possession of the property.

 

(obviously I couldnt be physically evicted as I no longer stayed there)

I sent the documentation (eviction note & letter) to the council and asked them for a settlement figure, (I reckoned I still had £50 to pay).

 

The endof the story. Not at all.

 

Out of curiosity I telephoned the banks lawyers on the afternoon of the eviction, and they told me that the eviction had been cancelled. I was not notified in any way ! I was stunned. They told me the trustees had stopped the eviction. :-x

 

Finally a month later March I was handed another eviction order for 22nd March.

 

The council want to charge me to 22nd March but I believe that I was evicted on 15th Feb, and no documentation exists to suggest that the eviction was cancelled!. I had recieved no calls, letters or otherwise telling me this.

 

Essentially they have evicted me then unevicted me, and I certainlly dont think that this is fair, and as this is a matter of about £80, I think these 3 large companies, the Trust Deed Company, The Bank, and the council are taking the p.

 

I got a councillor involved but I dont really know what to do next because Ive been bled dry by all sorts since my separation.

 

I just cant see how they can 'legally' evict then decide 'nah, not today'

 

Should I get a lawyer (ive no money but I can get 1/2 hr free through my works scheme)

 

any help appreciated

thanks

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while you were renting were you responsible for council tax at that accommodation. If you were paying council tax at your rented accommodation then surely you cannot be liable for council tax twice. :rolleyes:

 

I also get your MP involved as this is a bizzard way for these companies involved to carry on. Do they have something in writing from you confirming that you stop the evictions. You should asked them to produce this forthwith.

Edited by Allwood
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