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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3498
Experience:  Solicitors 2 years plus PQE
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I was declared bankrupt in March 2012. There was about twelve

Customer Question

I was declared bankrupt in March 2012. There was about twelve properties involved the main creditor being my ex wife, who will get any equity which will be left over after mortgages & Trustee in Bankruptcy are paid. I am out of bankruptcy now since September 2013.
My problem is one of the flats I had let out in multiple occupancy before the bankruptcy & I was paying the Council Tax & Service Charge which included heating & this adds up to a lot of money. The property is in Hackney, LONDON. The Council are now chasing me for this money as the property is in my name even though the Trustees in Bankruptcy are receiving all the rental income. They will not pay these bills as their priority is to pay unsecured creditors. The Council are looking for payment from approx. 1/4/12 to 31/3/14 & it is now with bailiffs.
My income is relatively low & I will be 62 years old shortly.
Is there anything I can do. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

Have these charges been accruing since you were discharged from bankruptcy?

Do you still own the flat or is it in possession of the trustee?

Kind regards

AJ
Customer: replied 2 years ago.

The council are saying I am responsible from the day I was made bankrupt as the property was in my name & I will be responsible until it is sold.


 


The flat is in my name but the Trustees in Bankruptcy have complete control of it & have warned me not to interfere in anyway or contact the tenants.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

That is incorrect, you are not the legal owner of the property anymore it is the trustee in bankruptcy. The debt also relates to your time as a bankrupt and therefore forms part of the estate in bankruptcy. This is completely the responsibility of the trustees.

Have they threatened to issue proceedings against you?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 2 years ago.

Please see attached e mails which might help.

 

This is an e mail fromxxxxxxxxxxxxx, who are the trustees in bankruptcy. This was sent to xxxxxxxxxxxxx who is the main person I spoke to at xxxxxxxxxxxxxx

xxxxxxxxxxxxxxxx

Further to the email below I confirm that email correspondence has been provided to xxxxxxx Council including a copy of the tenancy agreement in relation to the property at xxxxxxxxxxxx

xxxxxxxxxx Council confirmed receipt of this email and have stated that they are clarifying the tenancy information with xxxxxxxxxxxwho provided the original tenancy document.

I have chased xxxxxxxxx Council for further information and clarification as to why they are chasing you for this debt. They have also been informed that the sale of the property is current proceeding to completion and therefore any payment due in relation to the service charge will be met from the proceeds of the sale.

Yours sincerely

xxxxxxxxxxxxx

I just rang xxxxxxxxx now & they informed me that there was a hearing at the Magistrates Court on the xxxxxxxxxxx& a liability order was obtained. THIS IS NOW IN THE HANDS OF THE BAILIFF.

I am sending you a copy of e mail from xxxxxxxxxxxxxo straight away.

 

.

 

 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I apologise for the delay in responding to you.

Have the council already got a judgment if they are going to the magistrates court?

Kind regards

AJ
Customer: replied 2 years ago.

I have been informed to day that there is a court hearing on 28/1/14

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Have you been summoned to court?

What type of hearing is it? Is it at the County Court?

Kind regards

AJ
Customer: replied 2 years ago.

Magistrates Court, I have been summoned & its re Council Tax arrears.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

You will have to attend the summons you will have no choice, but you will need to take your bankruptcy order with you and show the court that that you are no longer in possession of the property and responsibility for the council tax lies with your trustee in bankruptcy.

Can you get a letter from your trustee confirming you are bankrupt and he is receiving rent from the properties concerned?

Kind regards

AJ

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