Summons for Council Tax from 2001/2

Knitterbee

I'm hoping that somone can help with this - it doesn't seem to have been covered elsewhere.

Today husband and I each received a summons for Council Tax which we apparently didn't pay between Nov. 2001-March 2002. The council has added £45 costs to the amount they say we owe.

We pay our Council Tax by direct debit and have never been late or failed to pay but we don't have any financial records from that time as I thought that we only needed to keep them for 6 years.

The time we are being asked to pay for corresponds to the dates when we moved into our current house up until the end of that financial year so I suppose it's possible that they didn't adjust the direct debit to take acount of the higher band of the new house.

We can pay the money if we owe it but surely we should have received a reminder before the summons so I do object to paying the costs. Also isn't this now outside the time when it can be recovered?

Any help or suggestions gratefully received.

Fire_Fox

Write to them and state this is the first you have heard of it, can you have a breakdown of what you have paid and what you owe. I don't think council tax debts every die.

anselld

See 34(3) ....
http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

CIS

We can pay the money if we owe it but surely we should have received a reminder before the summons so I do object to paying the costs. Also isn't this now outside the time when it can be recovered?

A court summons needs to be issued within 6 years of an amount becoming due - this is from when a bill was issued for the amount in question so if a bill was , for example, issued 3 years ago they would have 6 year from then (a bill can be issued at a date later than the actual tax year the balance is for).

Following the summons a Liability Order will be obtained which remains enforceable indefinitely.

You need to contact the council and speak with them regards what was sent when and where as the system are designed not to allow a summons to be issued without a bill and reminder first.

Knitterbee

CIS wrote: »

A court summons needs to be issued within 6 years of an amount becoming due - this is from when a bill was issued for the amount in question so if a bill was , for example, issued 3 years ago they would have 6 year from then (a bill can be issued at a date later than the actual tax year the balance is for).

Following the summons a Liability Order will be obtained which remains enforceable indefinitely.

You need to contact the council and speak with them regards what was sent when and where as the system are designed not to allow a summons to be issued without a bill and reminder first.

Thanks for this - I want to avoid a liability order as, apart from anything else, they will impose another £45 costs.

So if I'm understanding correctly, if this is the first time we have been billed for this money, we must pay but if we were in fact billed in 2001/2 or any time up to 6 years ago and somehow didn't notice, we don't have to pay.

I'll try and speak to the Council tomorrow and sort out what they think happened!

CIS

we must pay but if we were in fact billed in 2001/2 or any time up to 6 years ago and somehow didn't notice, we don't have to pay.

It will be 6 years from the date the latest bill was issued - it could be that they have amended a discount or exemption retrospectively (the date of this bill would then be the start of the 6 years) but only they can tell you.

Once you know what has happened then I can probably advise you further.