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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was made bankrupt in 2007, lasting for 3 years. I am now

Resolved Question:

I was made bankrupt in 2007, lasting for 3 year's. I am now completely discharged. I over paid my council tax by £400 this year and the council have taken it and said it was paid towards what i owed for 2007. Can they do this? Thank you

Eddie Lunny
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Was the Council Tax debt included in the original bankruptcy please?

Customer:

Yes. It was included

Alex Watts :

If it it was included then it is written off

Alex Watts :

Everything included in bankruptcy is written off

Alex Watts :

The Insolvency Rules state that a party can not take action on a debt included in bankruptcy

Alex Watts :

Therefore you should write to the Chief Officer and make a formal complaint.

Alex Watts :

That office will investigate the matter

Alex Watts :

That should resolve it

Alex Watts :

If you are not happy with the response then you can complain to the Ombudsman

Alex Watts :

They offer a free independent service and can investigate what you say

Alex Watts :

They are at: http://www.spso.org.uk/

Alex Watts :

However in any event your debt from 2007 would be statute barred in 2012 so they can't collect it anyway

Alex Watts :

But take the following steps which should resolve the issue

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

My wife just said to me that the person she spoke to acknowledged the fact I was bankrupt at the time but it was because I was paying £10 a month to the trustees that they can do this

Alex Watts : It makes no difference, it was included in the bankruptcy.
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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