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  • Need a debt Sherlock Holmes for this one...

    Years ago, probably 2005 but might have been 2006, a baliff came to my house over council tax from a previous address, where I had lived from July 2002- Feb 2003. The council tax had been owed by my ex husband, in his name, but the council had somehow or other got an order against me because they couldn't find him or something. To be clear, the 2002-2003 house had been privately let, in my ex-husbands sole name and at the time we lived there we were not married.

    I remember the baliff was from Rossendales, and I let him into the house because he said I had to if I was [my maiden name], I didn't know any better. While he was there he made a list of things in the house, but he listed things which I for some reason had got the idea he wasn't allowed to list. My furniture was hired from the Ministry of Defence (2005/2006 house was an armed forces married quarter) and I had the idea he could not list crown property, which I said, but he didn't appear to know what I was talking about. I wasn't sure what I was talking about either to be honest, but I was very concerned that MOD furniture would be taken away because the impact on husbands job/life would be huge. Husband was out of the country at the time (Iraq).

    The baliff left the peice of paper, and said I had to pay so much by some set time (I do not remember now) or he'd come and take the things on the list. His office phoned me a few days later about paying or something, I said to them I thought it wasn't legal because he listed crown property. They passed me round and argued for a bit then the last I heard was the boss at Rosendales was going to look into it. I never heard from them again. So I never paid a penny of it either.

    Husband got hold of the army, and they went to court or something and it was all made OK again? We didn't have to pay it? I have no idea what could have happened then, if the army got the CCJ removed, or if they paid it for us or what.

    I have found two old credit files I must have sent for, they date back to 2007, there is no mention of a CCJ on them. I also have all three of my credit files from a couple of months ago, again no sign of a CCJ.

    A lot happened between then and now. I have no documents for anything at all from before June 2007, every peice of paper I had was destroyed in one day about half way through that month. I also can't ask my ex-husband now as we're not in touch anymore, which means I can't ask the army either. I would really like to know what happened there though, I can't help puzzling about it now that I have started looking at my overall debt situation.

    Can anyone help shade in any more of the gaps please?
    [Insert witty one-liner here... eventually.]

  • #2
    Re: Need a debt Sherlock Holmes for this one...

    I know you want to know hon but if its not showing up on your credit files maybe ..............Sleeping Dogs. If you start digging and question it could you not open up a can of worms for yourself???

    I may not be experienced enough to answer so this is just an opinion 2

    I hope Bump is ok today ;K5

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    • #3
      Re: Need a debt Sherlock Holmes for this one...

      If it was council tax, then it is not a CCJ, it is handled by a different part of the legal system, the Magistrates court and it is a Liability order, not a County Court Judgement. And AIUI, it does not appear on a credit record.
      No longer a mod.

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      • #4
        Re: Need a debt Sherlock Holmes for this one...

        The leaving sleeping dogs alone is why I'm asking you good folks to work out what happened, not the council! 2

        DVardysShadow, sorry if this is a daft question but what does AIUI stand for? I'm not familliar.
        [Insert witty one-liner here... eventually.]

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        • #5
          Re: Need a debt Sherlock Holmes for this one...

          Originally posted by Hannah
          The leaving sleeping dogs alone is why I'm asking you good folks to work out what happened, not the council! 2

          DVardysShadow, sorry if this is a daft question but what does AIUI stand for? I'm not familliar.
          As i understand it? ;Hmm

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          • #6
            Re: Need a debt Sherlock Holmes for this one...

            Thank you swanfan.

            So, if I may continue to pick the enormous pile of collective brains on this forum, I have more questions...

            Assuming I got a Liability Order, can they just go away? If they can be made to go away, how exactly? Is it likely the army had the court remove it in some way (they only sent a Captain to sort it, not a solicitor)? Would the crown property thing render the levy (if it was a levy?) unenforcible? If LO's can not be made to go away, is there a point at which they are too old to enforce? Am I safe from being visited again by other baliffs in the future?
            [Insert witty one-liner here... eventually.]

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            • #7
              Re: Need a debt Sherlock Holmes for this one...

              Originally posted by Hannah
              Years ago, probably 2005 but might have been 2006, a baliff came to my house over council tax from a previous address, where I had lived from July 2002- Feb 2003. The council tax had been owed by my ex husband, in his name, but the council had somehow or other got an order against me because they couldn't find him or something. To be clear, the 2002-2003 house had been privately let, in my ex-husbands sole name and at the time we lived there we were not married.
              Hang on - you cannot have a liability order or any order against you when the account was not in your name! Go back to the court and contest that fact. Idiots!

              sorted, job done - do not pay it -you are NOT liable. Let them take it to court if they want to, muppets should know better. Also, the fact you lived there does not matter - how the hell can you get a liability order for something that you had no control over and were not legally/formally mentioned on the paperwork?

              Its like my set-up at home, all bills come in my name and that way the wife is free with a clear record - all the time, as I refuse to pay council tax (I always mess them around and get liability orders now) - she doesn't want to be part of it so I removed her from the billing, it is MY house (in their eyes) and so I get billed - not her. If they tried to sue her or claim from her she could legally tell them to go swing a cat round their mothers chops! so to speak ;N
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Need a debt Sherlock Holmes for this one...

                To clarify my comment re my countil tax, I pay them annually - they want it at the start of the year, I say sod you - i'll pay you at the END of the year so they issue a liability order, I then argue and send half - lol. Point is, I have the funds, I will pay, but the fact of the matter is i'll pay before the end of the billing year - so long as at the end of the year my account shows £0 then what's the issue?

                They don't see that, but when i'm paying £2k per annum I want to earn the interest for as long as I can - sod them!

                pay in advance, yea - my arse! I have 2 liability orders right now, for the same council tax lol. I just paid £1000 last month so am in advance now, they are really stoopid cos I do the same every year - without fail, surely they'd see the £40 charge (that I never pay) is worthless to me and to just let me pay at the end of the year?

                Muppets wind me up
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                • #9
                  Re: Need a debt Sherlock Holmes for this one...

                  I really wouldn't worry too much about this one. They couldn't legally remove the goods at the time (this isn't anything to do with them being the property of 'the crown' but rather simply not being the property of the person who owes the debt.

                  As NID has said, it's not your debt so you don't need to worry about it as you can't be liable for it. In any case, even if the debt was still owed, by now the levy would be considered 'abandoned'.

                  As for what happened with your husband paying it off, if he was in the army, well when I used to work as a bailiff, if we had a debt owed by a squaddie who was living on base we'd simply go to the gatehouse and ask to speak to the duty officer. They'd ensure the debt was paid there and then and (presumably) deduct it from the squaddie's wages themselves.

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