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.
I am new to the Group and believe this to be an issue of chargeability rather than a debt issue, I appologise if I have posted in the wrong area.
I am trying to help a neighbour who is in a predicament.
She has lived in her flat for about 10 years. For the majority of that time she has lived on her own but on a couple of occasions a boyfriend moved in for several months.
She has had a very difficult life for several reasons and she has not been able to stay on top of her finances. She never contacted the council when she moved in and had never previously received a CT bill. She never completed the forms for the electoral register but about 5 years ago a boyfriend put his name down and it has been on register since then.
According to the council they issued a bill on 22/10/08 for the period 22/10/02 through 31/03/09. The bill was for approx £8500 to be paid in three installments on 1/12/08, 1/01/09 and 1/02/09.
They say a reminder was issued on 16/12/08 to pay the first installment within 10 days.
They say a summons was issued on 8/01/09 for a hearing on 27/02/09 with costs of £95.
The first my neighbour knew of all this was when she received the liability order on 3 March 2009.
Apart from the fact that they have not given her the single person discount which she will write to them about - what can or should she do about the earlier years liabilities?
Have they given her enough notice prior to the obtaining of the liability order?
The fact that they have demanded arrears exactly 6 years back from the date of the bill indicates that they cannot go back more than 6 years. If they are demanding from 22/10/08, surely that would have had to have been demanded from 01/04/2002 and possibly out of time?
I know we all have to pay our Council Tax but this woman has suffered so much in her life and I would like to help her in this situation as far as I can. I do not believe she would qualify for CT benefit.
They can't apply for a liability order further back than six years and if they have then it has been issued in error and she can apply to have it overturned. Unless I'm wrong, the dates you have given is for 7 years.
The council don't give you single persons benefit, you have to apply for it.
What your friend (and you if you are helping her) needs to do now is to send the council a £10 cheque and a SAR to get all the documentation they hold on her and then take it from there.
Just to confirm your opinion - the fact that they say they raised a bill on 22/10/08 claiming CT from 22/10/02 through to 31/03/09. Even though they did not charge until 22/10/08, they still cannot obtain the liability order because the first period is in respect of 02/03 that they should have charged shortly before 01/04/02?
Liability for Council Tax 2002 - 2009
back from the date of the bill indicates that they cannot go back more than 6 years. If they are demanding from 22/10/08, surely that would have had to have been demanded from 01/04/2002 and possibly out of time?
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