Alleged Council Tax Arrears

UnionGirl

My boyfriend has been getting threatening letters from our local Council saying that he owes £1k+ in Council Tax arrears dating back from 18-20 years ago.

After this time he bought his Council Flat which he wouldn't have been allowed to do had he been in any arrears. The Council are now saying they have no record of this and are going to pass his arrears onto a debt collection agency.

Can (alleged) Council Tax arrears be reclaimed by the Council after this length of time has passed? Unfortunately he has no proof as after 18-20 years he has no records on this.

Has anyone got any advice on this please?

CIS

Council Tax began in scotland on 1 April 1992 so no council tax arrears can be further back than this.

If the council obtained a liability order within 6 years of the council tax becoming due then it is enforceable as long as there is a balance outstanding, if they haven't got a liability order its too late for them to get one although they can pester him for payment.

He needs to discuss this further with the council and ask for more info on the arrears.

masterlumps

the council are saying they have no record of him buying a house? that is very strange, but in any case your oh should have record of it as evidence, if it is true that he couldnt have bought it with arrears on council tax

although i would know if i had outstanding council tax, regardless of how long ago it was, its not really something you forget

beecher2

CIS wrote: »

Council Tax began in scotland on 1 April 1992 so no council tax arrears can be further back than this.

If the council obtained a liability order within 6 years of the council tax becoming due then it is enforceable as long as there is a balance outstanding, if they haven't got a liability order its too late for them to get one although they can pester him for payment.

He needs to discuss this further with the council and ask for more info on the arrears.

I think it must be Poll Tax arrears, and according to the Citizens' Advice, the 6 year rule doesn't apply in Scotland (or at least it didn't in 2007)

http://www.cas.org.uk/pressrelease5122007.aspx

n a briefing sent to MSPs today, CAS highlights that only the Scottish collection system allows for arrears to still be collected almost 20 years later. Poll Tax arrears in England and Wales were pursued through the court system, resulting in a six-year limit within which to collect debts, meaning they are now effectively defunct south of the border.

But in Scotland councils can apply for a summary warrant to collect outstanding debts up to 20 years after the amount has become due - and then have a further 20 years to collect.

Contact Citizens Advice for help

ailuro2

uniongirl - having had a look at your other posts, I wanted to make sure you've declared your presence at your boyfriends to make sure he's given up any 25% discount he might have been claiming before you move in, also make sure you're not financially linked to him with the level of debt he has.

Poll tax continues to bite people in the bum - was he against it and not pay? I know I didn't pay it for years, but managed to get a mortgage with the amount of arrears I had still outstanding. I can remember getting my wages arrested every week when they caught up with me ( I was very against it and refused to pay it voluntarily)

UnionGirl

Yeah, have told Council I've moved in with him. I've been linked with him for Council Tax only, not financially in any other way.