Council tax bill from 7 years ago!!!

kailani

Can anyone help or advise me? I have just received a bill from Chichester Council for a council tax bill Nov 2000- March 2001. Now I was living with a partner and our relationship broke down. We agreed though to carry on paying all bills together until the lease on the house ran out, and this is exactly what I did. I remained in that borough for a further two years and heard nothing, and have continued paying my council tax in other boroughs for the following 5 years. I was informed that my ex partner contacted then last January (after being found no doubt) informing them that she was not living in the house for the period mentioned. I paid all my bills and I understand that they don't split bills etc but I am so mad that 7 years later they are now trying to make me pay for something I don't owe, just because she says she wasn't living there. She was living there, albeit on and off but I cannot prove that. What annoys me the most is that in their letter they say they have added HER to MY account. It isn't my account and it isn't my debt!! Can the council chase for a bill 7 years old? I am currently on benefit so cannot afford this anyway even if it was partly mine. I am frustrated and refuse to back down and pay something that I don't owe. :mad:

CIS

If she didn't live there then you should get a 25% discount and are liable for 75% of the full charge otherwise you are jointly liable for 100% of any Council tax due.

kailani

Sure, but it isn't my bill. I paid what I owed when I moved out. She was on the tenancy, paying half of all bills until the tenancy ran out. She also stayed at the property on and off until that time. Where she chose to sleep at other times what up to her. You do not get to not pay council tax on the days you choose not to sleep at a property.

CIS

Under the law you are both equally liable for 100% of bill whilst you held the joint tenancy and occupied the property - there is no provision in legislation for splitting the bill and paying part of it each.

Did you leave before the end of the tenancy and have the council told you the period of the bill ?

CLAPTON

read and seek advice

http://www.payplan.com/debt-library/joint-and-several-liability-the-limitation-act-1980.php

CIS

The Council cannot apply for a Liability Order after a period of 6 yrs from the demand notice being issued however its very very rare for a Liability Order not have been obtained and in any case if the account has been amended and a new debt created then the 6 yr period for that debt will be the date that the new debt was requested on a demand notice.

Council Tax

The council should not go to the magistrates court and ask for a liability order for council tax if the application is made more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992.
Council tax appears to be “due” when the council sent a demand notice to you which may not be at the same time the council tax rate was set. It is important that you check when the demand was sent as this affects when the 6 year limitation period begins. You can also complain to the Local Government Ombudsman if the demand was not sent out “as soon as practicable” after the rate was set.

olly300

kailani wrote: »

Sure, but it isn't my bill. I paid what I owed when I moved out. She was on the tenancy, paying half of all bills until the tenancy ran out. She also stayed at the property on and off until that time. Where she chose to sleep at other times what up to her. You do not get to not pay council tax on the days you choose not to sleep at a property.

Can you prove when you moved out? Do you have any documentation showing that you lived in a new address and paid council tax there? If you can then you need to send the council a photocopy of those documents.

If you can't then you have to pay up.

I've learnt the hard way to keep documents for years particularly when I moved around a lot.

kailani

olly300 wrote: »

Can you prove when you moved out? Do you have any documentation showing that you lived in a new address and paid council tax there? If you can then you need to send the council a photocopy of those documents.

If you can't then you have to pay up.

I've learnt the hard way to keep documents for years particularly when I moved around a lot.

I no longer have documentation, but I remained in the borough and they will have documentation of the property I was in and the council tax I paid. I did not leave before my tenancy was up and this is the first I have heard of any outstanding account. As I said all my bills were paid and up to date. I just cannot believe that 7 years later they can find my and ask me to pay a bill that an ex partner did not bother paying and has now finally disputed.

olly300

kailani wrote: »

I no longer have documentation, but I remained in the borough and they will have documentation of the property I was in and the council tax I paid. I did not leave before my tenancy was up and this is the first I have heard of any outstanding account. As I said all my bills were paid and up to date. I just cannot believe that 7 years later they can find my and ask me to pay a bill that an ex partner did not bother paying and has now finally disputed.

Unfortunately in these situations the onus is on you to prove by having relevant documentation that you lived elsewhere only then will they bother to confirm it with their records. Simply arguing with them is not going to change their position especially when they can fine you or chuck you in prison. Also ignoring the letter means they may come after you.

You could try and do a Data Subject Access request on all the information they hold on you in the department. However they only need to go back 7 years, it can take 42 days before you get your records, they can refuse to give you records where you are linked to another name and the information they give you may not be what you want. More information on this website http://www.ico.gov.uk/ under "Find out what personal information is held on you". I suggest you edit the standard letter so you list all the addresses you lived at in the past 7 years in that letter and state that you require the dates that you paid council tax at those addresses. It will cost you £10 so include the cheque with the letter, writing that you have enclosed cheque with it's number in the letter, to speed things up. They may not cash the cheque. Send the letter via recorded delivery to stop the council claiming they didn't receive it.

I suggest you also reply back to the council about the council tax in a separate letter stating that you dispute the debt and you are gathering documentary evidence to prove that you don't owe the debt.

If you can't prove that you paid council tax elsewhere then unfortunately you are stung and have to pay up. The moral of your story is that if you move out of any accommodation write to the council and remove your name of the council tax bill asap.

CIS

olly3000 is right in that Council Tax legislation means that if there's enough info to make you liable then you need to prove otherwise. Ask them for a detailed breakdown of why you have been made liable.

If you can provide proof that you lived at another property you may still get charged unless you can prove that your responsibility for the property ended when you moved out.

If she remained in the property then did she get a new tenancy agreement ? its worth badgering the council to see if they have it on file somewhere or even get in touch with the letting agent to see what details they still hold (longshot).

kailani

Thanks everyone. It seems they have me by the short and curlies whichever way I turn. We both left the property when the tenancy ran out. The council are well aware of where I was living for the following 2 years after because as I said I remained in the borough. I have never had a letter from them about an outstanding bill or any other kind of correspondence, when I remained in the borough or since and just think it is very off that they now accuse me 7 years later of being liable, Why is it they seem to be a law unto themselves and can badger me even when I paid everything on time and in full? :mad: