Council Tax debt from over 8 years ago

in Debt-Free Wannabe
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jovichick123jovichick123 Forumite
941 Posts
Part of the Furniture Combo Breaker
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Hi all,

Just after some advice, have just opened the door to a bailiff looking for my husband. He was calling regarding an old council tax debt from 2008 from a property we only lived in for 4 months. When we moved house, I cleared all the outstanding debts I was aware of but as it was 8 years ago, I have no longer have paperwork relating to this.

In the last 8 years we have not heard from the council in question. I know that statute barred on 'normal' debts comes in after 6 years but wondered if the same applies to council tax?

They are trying to charge us £476.89 which includes enforcement fees of £235.00 :eek::eek:

I really don't think that we left with any debts against the property but I have no way of proving this....

What can I do?

Thanks in advance,

Jovi xx

Replies

  • National_DebtlineNational_Debtline Organisation Representatives - Private Messages may not be monitored
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    Hi jovichick123


    The council is expected to get a liability order to enforce its debt within six years of the council tax becoming due. Once they do this, there is no time limit on enforcing it.


    What you could do is to approach the council in question and ask that they confirm when they obtained the liability order in this particular case. I would normally expect it to be within a year or so of the debt becoming due, but stranger things have happened.


    In the meantime, be aware that the bailiffs can not enter your property without your permission. You ought to move any vehicles you own ahead of any bailiff visit as a temporary precaution. More on your rights here:


    https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • dancingfairydancingfairy Forumite
    9.1K Posts
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    I would get a breakdown of the fees. In the past you could only be charged 42.50 I think for letters and unsuccessful visits, now it's much more.
    I would be interested to know when the liability order was granted. If it was some time ago I'd argue it should have been under the old fee structure. I'd also want an explanation from the council as to why this has suddenly come about after 8 years.
    Unfortunately it's incredibly difficult to argue against something from 8 years ago without any paperwork.
    I guess you could consider something like a sar request to find out all the information they hold on you ( which might contain things like when you contacted them to say you were moving in and out). I'm not sure what the council equivalent of a subject access request (sar) is though.
    Good luck
    Df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • National_DebtlineNational_Debtline Organisation Representatives - Private Messages may not be monitored
    8K Posts
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    Good suggestion by dancingfairy to get further info from the council. They refer to making a "subject data access request" under the Data Protection Act - this can be done with pretty much any organisation that holds personal data about you. You may find the following letter template useful:


    https://www.nationaldebtline.org/EW/sampleletters/Pages/Personal-information-under-the-Data-Protection-Act-%28sole-name%29.aspx


    Bear in mind, though, that most organisations are not obliged to retain such information for longer than six years, so you may not get absolutely everything you are after here.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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