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council tax/statute barred


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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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  • 3 weeks later...

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.

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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.

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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!

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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

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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?

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:| 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!
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I have just received a letter from BC&W re Council Tax arrears due to Glasgow City Council for an address we left in 2000. I have no way of knowing if this owed or not, and it was followed up today with another letter of intention.We are pensioners on Pension cr. and this is a big worry. Is it statute barred or not, I am really not clear. This is the first ever communication on this, no demands from Council prior to receiving from BC&W Hope someone can set me straight.Thanks

 

Maybe I should have posted this in Debt in Scotland!

Edited by xiona
Posted in wrong place
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