Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
in 1998 my brother married and moved to a new address
the council was cherwell district, and is now northampton
last week he received a letter from cherwell district council saying £500 was outstanding from 1998
it also states in 2003 a liability order was granted
the dates quoted are correct
as far as he is concearned all payments were up to date
my questions are
1/ does the limitations act apply to council tax
2/ why was he not told of the liability order and given a chance to contest it
3/ why has it taken ten years for the council to contact him
4/ will the council have payment records for 10 years ago
they have told him to make contact asap or will be passed to baliffs
As far as I know council tax debt is not subject to the statute of limitations - I hope I am wrong. He really does need to contact them and ask for a statement of the account at the time. It seems unbelievable that they are chasing what is really quite a small amount after so long. They must be a bit skint methinks.
If he is adamant that he does not owe the money it might be worth involving his MP.
This is not statute barred as they have obtained a liability order within the 6 years.
2/ why was he not told of the liability order and given a chance to contest it
There is no requirement for a debtor to be told that a liability order for council tax is being sought. The liability order is automatically granted, there is no opportunity to contest it.
3/ why has it taken ten years for the council to contact him
Who knows.
4/ will the council have payment records for 10 years ago
Well they certainly should have if they are trying to enforce an account from this period.
council tax 1998 and liability order
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. He really does need to contact them and ask for a statement of the account at the time. It seems unbelievable that they are chasing what is really quite a small amount after so long. They must be a bit skint methinks.