Thread: council tax/statute barred

quick question
general enquiry and does not affect me in any way

i know the six year rule does not apply for council tax debts.

i heard on the grape vine that the council cant collect past council tax bills after ten years.

can some one confirm yes or no

many thanks

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also if a liability order is granted, is it time sensative, how long is it valid for

The council cannot apply for a liability order after six years so your council tax in that situation would be statute barred.

Once the L/O is granted it remains in force until either debt is collected or written off.

The Limitation Act 1980 DOES NOT apply to Council Tax

Council Tax is subject to its own limitation period under reg 34(3) Council Tax (Administration & Enforcement) Regs 1992. The local authority may not apply for a liability order after 'the period of six years beginning with the day is becomes due'.

In a nut-shell, the 6 years runs from when the demand for payment is served on the taxpayer (Regentford v Thanet District Council [2004] EWCH 246). Under reg19 the local authority should serve a demand on a liable person 'on or as soon as practicable after the day the billing authority first sets the amount of council tax for the relevant year'.

If they have obtained a liability order within the timescale it would be hard to challenge as in effect they have for ever to claim the money although you could consider a maladministration complaint if the council have waiting ages to chase for the money.

I can't see bad advice, and I can't see the 'quite a bit', there are only 2 posts.

One post says they cannot apply for a liability order after six years and the other say a liability order once granted is in for life.

That's the same as you have said.

yeah maybe i'll rephrase. i'm in a foul mood today so apologies if offence taken.

No offence taken S, a nice cuppa will cure the mood I'm sure.

Originally Posted by Conniff

No offence taken S, a nice cuppa will cure the mood I'm sure.

Funny you should say that, I have just made one

Will be in the office 'till 9pm all week

Local Council Tax office have employed services of debt collectors Buchanan Clark and Wells to harras me for outstanding amounts from previous property from 99-2000 /2001 -2002 and have included months when I was actually in my new property!
This is the first I am hearing about these 'supposed' debts and it only came to light because I was seemingly due a refund!
Scare tactics of BCW ensured that I made an intial payment until 'things' could be sorted out re the Council but now they are threatening to arrest my bank account and despite the Council saying they would contact them and work it out, BCW tell me its too late and they will take action anyway!
Read somewhere that BCW are not registered with the Data Protection Act so they are not legally allowed to have data (?) and also read that the debt might ave been dead but as I have made a payment I have all but owned up to the debt? Help!

hi lisel

i helped out a cagger ref council tax

i told him to send the council an SAR
if they dont have the accounts, copy of liability order, etc
they are in do do
that was three months ago
council are draging there feet
i wonder why
could it be they dont have the info to back up the account

try it

account still on hold/dispute to this day

Thanks Postggj

when I spoke to the Council they advised me to write to them giving them permission to look into the file archives so that they could find this info (?) I asked for copies of what they had at the moment and that I didnt think it was unreasonable to be requesting breakdowns etc of what I am supposed to owe. And another thing, even although they themselves acan tell me from their screens that they know for the third period of supposed arrears that I wasnt in the house at that time they still want a letter from my landlord stating same! It doesnt matter to them that they have copies of all my Tenancy Agreements dating back to when i Moved out etc.
Even although I hae made an initial payment to BCW can I still write to them stating that I am now disputing their and the Councils claims?

send in your SAR
inform them until they comply you consider the account in dispute

they say you owe xyz

you say proove it

thank you, but Im not holding out much hope that they wont try and make me responsible by saying I admit to the debt as I have already made an initial payment....wish I hadnt panicked! ....nothing ventured though!