Hi all

Council in a different County are chasing me for a buy to let for April 2010 - 2011. One tenant on housing benefit lived there alone from Jan 2010 and moved out in May following my bankruptcy. The empty house was subsequently repossessed and sold in June 2010.

Council sent a summons for the whole year, but sent the summons to my parent's address, somewhere I haven't lived at for years, this despite knowing my correct address - they regularly sent housing benefit tenant notifications to me. A bailiff has turned up at my old address demanding money.

I have rung the Council who tell me they will put bailiff on hold until they get back to me as soon as they get to the bottom of it. I hear nothing for weeks, then the baliff turns up at my parents demanding the full amount!

What can I do to sort this out? Can I go to my local County Court and dispute this?

Any advice would be hugely appreciated.

Get your Official Receiver to notify the council of the situation, that way it is VERY official.

Well, you don't owe the whole year of April 2010 to March 2011 because you weren't liable for most of it as you had a tenant in, and then it was sold in June. Your tenant is liable for the periods they lived there (if they had a tenancy agreement then they are liable for the period stated on that) and obviously you aren't liable for it once it is no longer your property! You are liable from the day your tenant left until the day it was sold, which is about a month. If the place was unoccupied and unfurnished after the tenant left until it was sold then you should be able to claim a Class C exemption which means you pay nothing. So they need to get that rectified ASAP. The fact that you've registered bankrupt could very well impact the amount you are required to pay back and I'm sure they have to take that into account.

I think it would be a good idea to put your situation into writing. State the periods when you were liable for the prop: when you took over the place, the move in and move out dates of your tenant, the date you sold it, and if it was unoccupied and unfurnished at any point that you were liable. Tell the council that they need to adjust your account accordingly. Tell them you are registered bankrupt. Mention the fact that they had your correct address but still sent things to the wrong place.

I don't think that the court can actually do anything. They just issue the liability order; that's the extent of their involvement. You could pop into your local council office and ask to speak to someone. I would still put the situation into writing as mentioned above but you might get a quicker result if you go down there. If you choose to post it then send it recorded delivery so you know they have it and ask them to confirm receipt of your letter in writing. Try to keep it all in writing as you then have evidence if anything happens.