stirling park sheriff officer

[wildheart83]

Hope someone can help. In July 2005 I took out a 6 month lease on a property with a friend. I gave him cash for my share of bills each month for the 6 months. At the end of the lease I moved out but he stayed on.

I have today received a letter from stirling park addressed to us both, asking for council tax for 2005 - 2006 and 2006 - 2007.

Whilst I can say I've paid my share it seems my flatmate didn't pay anything to the council.

I no longer have my tenancy agreement and can't afford what they're asking for, what are my options? I am so close to declaring myself bankrupt now

[chris600uk]

Hope someone can help. In July 2005 I took out a 6 month lease on a property with a friend. I gave him cash for my share of bills each month for the 6 months. At the end of the lease I moved out but he stayed on.

 

Write to the council and tell them that, don't just phone them.

 

Contact your friend if you can and see if he has any paperwork of any sort.

 

Contact your ex-landlord, it's been less than six years so he should stlll have proof that you only remained there for the 6month period.

Once you have a copy, send the council a copy and keep one for yourself.

[chris600uk]

Whilst I can say I've paid my share it seems my flatmate didn't pay anything to the council.

 

That's a matter for you and your flatmate - you should have checked it was paid, or set up a payment arrangement direct with the council yourself - sorry to sound so blunt but that's it in a nutshell.

[wildheart83]

I'm not disputing the fact that I'll have to pay my share of the council tax again, but this time to the council. What I'm trying to ensure is that I am not liable for council tax for a property I had moved out by the time the new council tax year started.

 

I have had no success in getting hold of the letting agent, I have no idea who my landlord was as it was all dealt with through the agency.

 

The council have given me forms to fill out telling them when I moved out of the property but proving it is very difficult without my tenancy agreement.

[Guest Happy Contrails]

Just name the date you moved out and the council should accept that.

[wildheart83]

I wish they would. At the time I gave notice to the letting agency of my moving out I also wrote the same letter to the council but they're saying they never got anything.

In the letter I got from Stirling Park they said that several debt collection companies had contacted me but I had not made any repayment plans with them, but the first I knew about this was when Stirling Park wrote to me.

I accept that I was stupid for believing my former flatmate when he said he'd paid the bills and I'm willing to arrange a repayment plan for the council tax I owe to the council, but the council don't seem to accept that I moved out before my flatmate did and they're taking the date of moving out from when he moved out rather than me.

The only thing I can send them is copies of my bank statements showing the standing orders for rent coming out my account, and the date of the last month's standing order.

[wildheart83]

Ok got some paperwork in from the council asking me to complete details of when I moved from my previous flat to where i'm living now and they also want proof of when I moved out.

Just had Stirling Park on the phone again and the girl has scared me by saying that I have to make payments to them regardless of the dispute, otherwise they will proceed with legal action. I told her I'm not prepared to make payments towards an amount that is clearly wrong and I'll make payments once I know exactly how much I owe but she said that I need to make payments towards the account as it stands.

Is this correct? I'm scared that they'll turn up at the door and try to take goods from my parents house, or take my car.

[felicity2009]

Lets tackle this from the other end. They say you lived there till 2007, right?

 

Do you have any evidence whatsoever of you living anywhere else after that first six months? Old bills, even old envelopes addressed to you at a new address if they have a dated postmark. The bailiffs and the council won't care about that, but a judge will.

 

If they are making accusations in court, they have to prove them. Its called the 'burden of proof'. If you can show just once piece of evidence, just one, that you were somewhere else at any point in the disputed period, it casts doubts on their whole story.

 

 

Oh and move your car and don't open your door. If you do open your door by accident, don't sign anything and don't let the prat in.

 

Have a look through your stuff. Find the weakest piece of evidence you can and wait for them to go 'yeah but..' Save your strongest for the judge.

Edited April 23, 2009 by felicity2009

[wildheart83]

The problem is that I didn't change my address with the bank to the address that i've got this problem with. I moved from my parents house to the flat then back to my parents house 7 months later.

 

I can't remember now if I had anything actually registered at this address or not to be able to show the change of address. I was also still on the electoral roll at my parent's address while I was living at the other address.

 

I've found my account number for the council tax so I'm prepared to pay the council direct rather than the sheriff officer, can I do this?

[wildheart83]

I've just spoken to the council regarding the situation and they were much more useful than the person I spoke to last month. Explained the situation and also the fact I don't feel safe dealing with Stirling Park, as they are abusive and threatening towards me and my family.

They are letting me pay them directly over 18 months and will recalculate what I have to pay once they've received my proof of address for the address I'm in now. More importantly they'll contact Stirling Park and notify them of this.

I'm so relieved that they are letting me pay the council directly, as I explained that I did everything correctly when I moved out (notifying the letting agency and the council that I no longer lived at the address) and knew nothing of this outstanding council tax until I got a letter in last month.

I know they must be so used to hearing people make up excuses to avoid paying but if I'd known the money was outstanding 3 years ago when I moved out I'd have made payments then and not leave it til now.

 

It's been a very costly mistake but I'm older and (hopefully) wiser now to NEVER let this happen again.

Thanks for your advice and support xxx

[felicity2009]

Hang on.

 

You notified the council when you moved out??

 

Do you recall how?

[wildheart83]

I just sent them a letter saying I was moving out of the flat on xxx date. i just typed up one letter and made a couple of copies - one to the council, one to the electricity company and one to the letting agency. But didn't think to send any of them recorded delivery or anything.

[felicity2009]

That will still be on file at the council, with any luck.

 

'Subject access request under the data protection act' time, I think. Don't tell them why you need it, just ask for everything they hold on you for the year you sent the letter.

[wildheart83]

according to the council they didn't receive my letter, and they only got notification from the letting agent when my former partner moved out of the flat a year after I did. But I'll send a subject access request and see what it brings up