Statute Barred C Tax

scdeep

Hi, i owned a house with a friend 10 years ago, we had an arrangement where i paid mortgage he paid everything else (including council tax), to cut a long story short we fell out as he was dishonest, as it turned out he never paid a penny to the council and i ended up losing my house.

the council started chasing me for the debt, even though i know we were both liable, they made no effort to chase him as they could always find me.

its taken 10 years to buy a new home im 47 now, ive just recieved a letter from the council stating:
Council tax owed 31 jan 2007 - 4 jan 2011
Court date 16 aug 2010
Amount outstanding £1954.18
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Can i make this outstanding amount Statute Barred? If yes how do i do it?
I dont have the money to pay it, and it pains me to pay it as ive already lost my house over my friend not paying these billsten years ago.

im in bits. please help...

fatbelly

scdeep wrote: »

its taken 10 years to buy a new home im 47 now, ive just recieved a letter from the council stating:
Council tax owed 31 jan 2007 - 4 jan 2011
Court date 16 aug 2010
Amount outstanding £1954.18

Although council tax debts don't become statute barred as such there is equivalent legislation that requires them to take court action within 6 years of the default.

You will see from your own dates that they did so, in Aug 2010.

The principle of joint and several liability means they can chase either party, or both, for the full balance, and there are no time limits.

You will need to start a payment plan to this - if you can supply contact details for the other guy, the council will happily take money from him too.

StopIt

As above, no.


They've already got what they need, court authorisation to recover the money, and can take as long as they want.


If you ignore this, they'll escalate this to enforcement now they know where you are. This can involve Bailiffs, or a direct attachment of earnings.


Set up a payment plan, or as said, helpfully tell the council where the other liable party is.


Also, if you can't pay because of other debts etc, it may be worth talking to a debt charity to deal with this, and the rest of your finances.

CIS

You're pretty much out of luck - as advised above the statue of limitations 6 year rule does not directly apply, council tax legislation includes it own 'limitation' rules (which only apply with regards to obtaining a liability order.)

the council started chasing me for the debt, even though i know we were both liable, they made no effort to chase him as they could always find me.

That is quite legal, where you are jointly liable for a council tax charge then each of you is also individually responsible for payment of the whole debt. The council can choose to pursue only one liable party is the so wish.

Council tax owed 31 jan 2007 - 4 jan 2011
Court date 16 aug 2010
Amount outstanding £1954.18

The only real option is to contact the council and ask for a payment arrangement.