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Council Tax from 8 years ago

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Hi All

I got a letter last month from a council where I used to live 8 years ago. They say I owe £475 in Council Tax arrears from 2003. They also say they have taken this to court in 2004. They claim not to have been able to find me but I gave them the forwarding address and have remained paying PAYE throughout. They claim to have a liability order although I have not seen it.

Back in 2003 I conducted my affairs in cash and I am sure that I paid the bills. Of course I can't prove this. I have requested access to records and have appealed the action of the council but they have responded giving me a week to pay including court costs or they will send in the Bailiffs at even greater costs.

My main question is:

Is there an expiry date on how long councils can pursue for council tax? As I recall the Inland Revenue can only rely on records going back 7 years and only require records to be kept that long. As far as I can see it is my wordagainst theirs - am I guilty until proven innocent?

Any advice would be welcome.

Dan
In the red at LBM £25,703 on 20/01/10
Debt as at 20/07/10 £25012
Target debt free date 05/01/14Crazy Clothes Challenger 139 = 8/100
PROUD TO BE DEALING WITH MY DEBT

Comments

  • jimmo
    jimmo Posts: 2,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Whilst I claim no expertise in Council Tax I am afraid the stark reality is pay up now or expect the bailiffs. If you can eventually prove that you owe nothing you will get your money back but if the bailiffs sell all your possessions for a tiny fraction of their value to you the damage will be pretty irreversible.
    Its a fair bet that in the short term, they’ve got you by the short and curlys because they have followed the red tape and have court approval, probably based on writing to you at your last known address.
  • Thanks Jimmo

    I'm sure you're right - just don't want to believe it!

    I've written again but if they don't back down I will settle. Thanks for the reality check!
    In the red at LBM £25,703 on 20/01/10
    Debt as at 20/07/10 £25012
    Target debt free date 05/01/14Crazy Clothes Challenger 139 = 8/100
    PROUD TO BE DEALING WITH MY DEBT
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 7 February 2011 at 6:49AM
    I got a letter last month from a council where I used to live 8 years ago.They say I owe £475 in Council Tax arrears from 2003. They also say they have taken this to court in 2004.

    when a council takes you to court the liability order is for the full amount outstanding for the remainder of that financial tax year

    for example if you moved out of a property in November and the council are not aware you have moved (for what ever reason) Decembers missed payment would start the ball rolling at this address a liability order will be granted for the remainder of the council tax year December/march

    you need to find the date the liability order was granted not just the year


    the council will send bailiffs so while you are trying to get this sorted
    1) under no circumstances let a bailiff into your home keep your doors locked and windows closed
    2) if you have a vehicle do not leave it near your home keep it well away from the street you live
    3) if you have a garage,garden shed,greenhouse, keep them locked at all times

    Bailiffs lie so be aware
    They do not have to levy goods to set up a payment plan
    they cant get you sent jail thats the councils job
    they cant get a locksmith and police to break into your home to remove goods unless they have previously gained peaceful entry and levied on goods
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    for example if you moved out of a property in November and the council are not aware you have moved (for what ever reason) Decembers missed payment would start the ball rolling at this address a liability order will be granted for the remainder of the council tax year December/march

    The Liability Order can be granted anytime within 6 years of the amount becoming due - (this is from the date when the bill was issued rather than the actual period the council tax is for). Once granted the council can pursue the amount until its cleared.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    CIS wrote: »
    The Liability Order can be granted anytime within 6 years of the amount becoming due - (this is from the date when the bill was issued rather than the actual period the council tax is for). Once granted the council can pursue the amount until its cleared.

    I know that

    the point i was making is if the tenancy ended during the financial tax year and the council tax department are not made aware that the tenancy has ended the liability order will be granted for the remainder of the financial tax year
    therefore she could be charged for a period after her tenancy ended

    sorry if i didn't make myself clear in my previous post
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
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