Council Tax

aim900

Hello,

I received a enforcment notice from Whyte and co ( acting for RBKC-Kensington council) for unpaid rates from an hearing on 20th december 2012.This was for flat (council tax)

I vacated on 9/7/2012 settled all the bills by end of  July 2012. I have been at my present address since 9/7/2012.

I called Whyte and co  requesting copy of the judgment, the paper trail of notices and other relevant docs as I have to Pay by 20/2/2021; they said that they cannot do this and I should contact Kensington council as they were appointed by them. I went onto Whyte website and found out ( putting in my case number on View my Debt) that they were engaged on 15/12/2020 .                                                                                

Date	Document Type
04/12/2020	Notice of Enforcement	View
15/12/2020	Notice of Engagement	View
06/01/2021	Here to help Letter	View
10/02/2021	Notice of Enforcement	View

I have only received the last notice which arrived today 15/2/2021.I also contacted Kensington council requesting the same details and pointing out absurdity. I received an automated email in return.

In past I have paid upon receipt of ant debt notice ended up paying twice and it has proved to be impossible to get any money back from debt agencies.I need to know from more experienced members if this alleged debt is enforcable after 8.5 years and what legal recourse I have  (if any). Sorry for the long post but I am just fed up of being conned.

Thanks 

i

es5595

What sort of tenancy did you have at that address? Were you renting/owner? Who moved in after you?

Sandtree

First of all, what period is the debt for? You mention when you were last at the property and have calculated the duration from that but there could be something else afoot here so confirm the details first.

lincroft1710

I think you will find that like Income Tax, Council Tax is not subject to the 6 year rule

CIS

There is a 6 limit for council tax on obtaining a liability order from the date the amount became due (that is the date of the bill) but past that there is no limit on a council enforcing action for as long as they see fit.

CIS

aim900 said:

Hello,

I received a enforcment notice from Whyte and co ( acting for RBKC-Kensington council) for unpaid rates from an hearing on 20th december 2012.This was for flat (council tax)

I vacated on 9/7/2012 settled all the bills by end of  July 2012. I have been at my present address since 9/7/2012.

I called Whyte and co  requesting copy of the judgment, the paper trail of notices and other relevant docs as I have to Pay by 20/2/2021; they said that they cannot do this and I should contact Kensington council as they were appointed by them. I went onto Whyte website and found out ( putting in my case number on View my Debt) that they were engaged on 15/12/2020 .                                                                                

Date	Document Type
04/12/2020	Notice of Enforcement	View
15/12/2020	Notice of Engagement	View
06/01/2021	Here to help Letter	View
10/02/2021	Notice of Enforcement	View

I have only received the last notice which arrived today 15/2/2021.I also contacted Kensington council requesting the same details and pointing out absurdity. I received an automated email in return.

In past I have paid upon receipt of ant debt notice ended up paying twice and it has proved to be impossible to get any money back from debt agencies.I need to know from more experienced members if this alleged debt is enforcable after 8.5 years and what legal recourse I have  (if any). Sorry for the long post but I am just fed up of being conned.

Thanks

Having dealt with thousands of council tax cases there’s insufficient information in your post to say if it has been undertaken correctly or not, there needs to be a far deeper look in to the background to see if the action is correct (council tax legislation is an entire realm of law in it's own). If I was dealing with this case for a client I'd want details of the all the notices and the date of issue and full details of the original liability before I would even attempt to review the case and advise if there was anything that could be challenged. Even if the liability order cannot be challenged there's often a case that the original charge itself may be able to be challenged (you'd be surprised how many times I see errors in the council's records).

aim900

Hello and big thanks for all your replies,

 I will try to give out as much details as possible as I had a deep dive into my past records.

 1. I was a tennant on AST and I had left on 9/7/2012 with prior agreement with landlord. I don't know who moved in after me as the landlord sold or passed management of the building to offshore entity in 2014.

 2. I have found 2 payments from bank statements that I had paid to RBKC on 8/5/2012 (103.72) and 27/6/2012 (108.00). I have requested all the paperwork from council and they have sent me a automated acknowledgment.

 Sorry it took me so long to answer back but all my Records prior to 2014 were disposed of and I had closed accounts from that period.Thanks once again and I will post any developments when the Council sends me all data I need.

         

 

 

aim900

Sandtree said:

First of all, what period is the debt for? You mention when you were last at the property and have calculated the duration from that but there could be something else afoot here so confirm the details first.

From 1st April 2012 to 9 tth july 2012 as per Whyte and Co website,

aim900

CIS said:

There is a 6 limit for council tax on obtaining a liability order from the date the amount became due (that is the date of the bill) but past that there is no limit on a council enforcing action for as long as they see fit.

According to Whyte and Co the council obtained Judgement against me on 20th december 2012.