handling Dad's affairs, please can you give advice

[FRANK.W]

PLEASE CAN YOU GIVE ME SOME ADVICE, MY FATHER IS SUFFERING WITH A BOWEL DISEASE OVER THE LAST 4 YEARS AND HAS BEEN PRETTY POORLY. HE HAS NOT BEEN LIVING AT HIS HOME ADDRESS, INFACT HIS PERSONAL THING AND FURNISHER HAS BEEN REMOVED AND THE PROPERTY CLEARLY LOOKS EMPTY. WE HAVE OBVIOUSLY BEEN CONCENTRATING ON LOOKING AFTTER DAD SO VISIT THE HOUSE VERY REALY. AS YOU CAN IMAGINE THE JUNK MAIL, I HAVE NOTICED A LARGE ENVELOPE WHEN OPENING I NOTED A STATUTORY DEMAND 264 (1)(A) IN-RELATION TO A COUNCIL TAX BILLS OF £11300, OVER A PERIOD OF TIME OF FULL RATE WHICH IS OBVIOUSLY WRONG. BUT THE WORRYING PART IS THAT THIS DOC IS OVER A MONTH OLD AND WAS POSTED BY HAND, WE HAD NO WAY OF KNOWING OF ITS ARRIVAL AND THAT IT WOULD HAVE TO BE DEALT WITH WITHIN 18 DAYS. I AM WORRIED AS DAD IS STILL SICK AND HAS NOT WORKED FOR YEARS, PLEASE CAN YOU GIVE ME SOME ADVISE OF WHAT TO DO AS I AM HANDLING DAD AFFAIRS. THANKS

[MelanieGiles]

Hi Frank and welcome to the forum

This is serious as it is the first stage of bankruptcy proceedings being takem against your Dad. You have 18 days in which to respond to the demand, so I would contact the local authority to see whether they are in the process of applying for a bankruptcy petition.

Does your Dad own any assets which would be at risk under bankruptcy proceedings, such as a property, and does he have any other debts of which you are aware?

[FRANK.W]

THANKS MELANIE FOR YOUR REPLY,
I WOULD BE QUITE SURPRISED IF THE COUNCIL HAS, AS IT IS OBVIOUS THAT NO ONE LIVE THERE, AND NOT FOR SOME TIME. THEY WOULD SURELY HAVE TO MAKE ABSOLUTELY SURE WE WOULD RETURN SEING SIGHT OF THE DEMAND IN TIME, MAKE THERE INTENTIONS KNOWN IN PERSON. THEN GIVING US THE CHANSE TO GET ADVICE. IF I WOULD NOT OF SEEN THIS LETTER, SURELY THEY CAN NOT JUST GO AHEAD WITH SUCH A SERIOUS UNDERTAKING WHEN KNOWING THAT IT MIGHT NOT GET DISCOVERED IN TIME. I HAVE READ UP ON THE DEMAND IF I AM RIGHT YOU CAN IN THE 18 DAYS SET A SIDE IF THE FIGURE IS NOT CORRECT ECT. SO BECAUSE WE HAVE NOT BEEN ISSUE WITH THIS PERSONAL AND HAVE A GENUIN REASON FOR NOT APPLYING WITH IN THE 18 DAYS TO SET ASIDE, CAN WE STILL DO SO. IT JUST DOES NOT SEEM TO BE FAIR THEM KNOWING THAT MORE THAN THAN LIKELY WE WOULD NOT RECEIVE IN TIME. YES MY FATHER OWNS THE HOUSE WITH THE COUNCIL TAX BILL. BUT AS I HAVE SAID WE HAVE BEEN SO WORRIED DAY TO DAY ABOUT DAD WE JUST BEEN GETTING ON LOOKING AFTER HIM AND SEEING HIM THROUGH THIS NIGHTMARE.

[Rainbow]

Hi Frank, You also need to contact the Council Tax department at your dad's local council and ask them how you apply for a backdate of Housing Benefit you can do this on dad's behalf if he signs a letter stating that you can although it must have been quite a long time for the arrears to get £11K. You may not be able to get it all covered but it may go towards it but all this depends on dad's income.
Good Luck

[FRANK.W]

THANKS RAINBOW,
THE COUNCIL HAVE ESTIMATED FULL COUNCIL TAX ON THE EMPTY PROPERTY, AND YES THEY HAVE THE FIGURE SO WRONG. MY FATHER IS NOT ON ANY INCOME WITH HIM BEING SO SICK. I WILL DO AS YOU SUGGEST, FINDING OUT IF INDEED HE COULD APPLY TO BACKDATE HOUSING BENFIT.THANKS ONCE AGAIN

[MelanieGiles]

There is no need to demonstrate personal service of a statutory demand, although most good lawyers would try do do this, but this will be necessary for the bankruptcy petition if that is the route the council decide to go. In my experience you are far better off dealing with this problem rather than avoiding it - and the first step is to establish whether the liability is genuine as it does seem very high for a domestic property.

[FRANK.W]

THANKS MELANIE,
I HAVE ALREADY RANG THE COUNCIL TO FIND OUT WHAT ONE WOULD PAY FOR THAT LOCATION IF OCCUPIED OR UNOCCUPIED. THERE FIGURES THEY STATE IN THE DEMAND IS COMPLETELY WRONG.

[FRANK.W]

SORRY MELANIE MENT TO PUT IN LAST REPLY,
DOES THIS MEAN THAT BECAUSE WE DID NOT SET ASIDE WITHIN THE TIME OF 18 DAYS THAT THIS CAN NOT BE OVERTURNED AND IS LODGED WITH THE COURTS? THANKS

[FRANK.W]

TO ALL,
SORRY THE STATUTORY DEMAND IS NOT A 264 BUT A 268(1)(A)

[MelanieGiles]

The fact that you have not responded to the statutory demand in time, does not mean that it cannot be set aside, and if it is for an incorrect amount it is invalid in any case. You really do need to go down to the the local authorities offices and find out exactly what your Dad owes and see if there is some way he/you can come to some form of arrangement to pay off the arrears.

[Lisa2009]

Good luck Frank, i hope you get things sorted.

[Soulgrowth]

Hi Frank ... just wanted to add my good luck wishes as well, just what you don't need on top of Dad being so poorly. Hope you get some solution soon.

I received a summons at the weekend for council tax relating to an empty business premises that I am trying to gain a full and final agreement on to exonerate me from the lease obligations. My IP has advised me to pay it (£1355.00) as the council like to get their money and wouldn't agree to it being incoporated into a modification of my IVA. But isn't this showing preferential treatment to creditors?

Debbie

[FRANK.W]

THANKS ALL FOR YOUR SUPPORT, I REALY DO APPRECIATE YOUR TIME AND EFFORT.

[Soulgrowth]

That's what we are here for Frank ... we all need to draw on it at times ... and are here to offer it at others! [:)]

Debbie

[MelanieGiles]

Debbie

Does the council tax you have been demanded relate to the pre-IVA trading period or is it post-IVA? If it is post-IVA then the advice to pay it is good, as it ought to have been covered as a trading expense.