My partner walked away from a property 8 years ago. He has never had any contact with the morgage lenders since (Abbey National). He has recently recieved a letter from the council demanding 6 years worth of council tax for this property(98 -2004).He has also been told he will keep recieving council tax bills for this property until he can prove he is not the owner. We know that somebody else is living in the property. How do we go about sorting this out. Any advice at all would be greatly appreciated.

-- Paula Jones (paula-32@hotmail.com), March 31, 2004

Answers

This really doesnt make sense!

If he had left the property recently I would assume that Abbey had messed up and not informed the local authority of their taking over possession, but, surely the property is still not owned by them, in which case the lender should have notified them they no longer have an interest and provided details of the buyer and or their solicitor? Lenders make cockups but this would require 2 individual mistakes on the same matter - not very likely. Probably the council!

Anyhow,

A few options spring to mind

1 He could issue a SARN to Abbey National and no doubt their would be substantial proof to demonstrate he hasnt lived there since voluntary repossession. (See other parts of this site if you do not know what a SARN is)

Only problem is this will alert Shabbey Abbey who could then commence a flood of debt pursuance of shortfall on him.

2 Get him to obtain an experian or equifax credit search - this will show his voters roll information (assuming hes on it?) - if he is hiding dont do this.

3 Cant your partner demonstrate he has lived at other address since 1998 by means of retrospective bills such as actual council tax bills or quote the councils account number on his present address council tax bills.

Has you partner actually written to the council or has this simply been discussed over a quick phone call? if not put it in writing, slip some evidence as proof of non residing and see what happens - send it recorded delivery.

If the authority do decide to take legal action he has a solid defence if he supplies as many proof of residencies as he can find - or get his doctor, employer and bank to make written statements 'to who it may concern' confirming his residential addresses since 1998.

If your partner has hidden from the 'system' and is unable to proove his whereabouts then this could be problem - if this is the case advise.

Good luck

-- who?? (who@idontwanttosay.com), March 31, 2004.

The Land registry will give you the information you need. You can check land registry details online now,

Patsy

-- patsy white (patsywhite@gmtv.co.uk), March 31, 2004.

Incidentally whoever told you that he needs to prove he is not the owner is talking TOSH.

Its the person who occupies the property not owner who pays the council tax, sometimes this is the same person, but if renting out it isnt.

-- who?? (who@idontwanttosay.com), March 31, 2004.

Patsy

The land registry will not tell you who resides in the property but simply who owns it so complete waste of time

Sorry

-- who?? (who@idontwanttosay.com), March 31, 2004.

Thanks for all the advice. My partner is going to contact the council via a letter and see if this works. My partner has been paying council tax at his current property for the last 7 years but this seems to account for nothing. Any further suggestions would be very helpful.

-- Paula Jones (paula-32@hotmail.com), March 31, 2004.

Put in writing, catagorically deny living at other address since 1998, explain how the property was repossessed and confirm how he has been paying council tax at current property for last 7 years (supply copies of any previous council tax bills & repossession paperwork in his possession) then sit back.

If they take him to court provide defence including a copy of the letter (and enclosures) he is planning to send to them, scrutinise and dispute any paragraphs of the particulars of claim which are factually incorrect and place a claim for loss of earnings, travel and copy fees incurred (if any).

The burden of proof will be on the council to prove he has lived at the other address. Which unless they have proof isnt going to happen.

-- who?? (who@idontwanttosay.com), March 31, 2004.

Thanks for all your advise who?. Will let you know how it goes.

-- Paula Jones (paula-32@hotmail.com), March 31, 2004.