Thread: council tax 1997 - in court today - please help

Hi there

I have been summonsed to appear in court tomorrow for a council tax debt of £37. I have no recollection of this bill but as I was claiming benefits at the time I think it may be down to a short fall in benefits. I have requested twice when this charge relates to but have had no correspondance from the council other than threatening letters. Can they chase this debt as it's almost 10 years old and they are unwilling to advise me what dates I did not recieve the relevant benefits.

Any help would be great

bluecityboy1969

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Under reg. 34(3) of the Council Tax (Administration and Enforcement) Regulations 1992, The local authority may not apply for a liability order after "the period of six years beginning with the day on which it becomes due".

Under reg. 19 a local authority is required to serve a demand notice on a liable person "on or as soon as practible after the day the billing authority first sets the amount of council tax for the relevant year"

Under Regentford v Thanet District Council it was held that the limitation period for the issue of proceedings for a liability order runs from the date that a demand for payment is first served on the council tax payer. This would be subject to acknowledgment and part-payment.

So, If they have served you with a final demand at any point then they would have six years from that point to obtain a Liability Order, you should certainly raise this as an issue at the court hearing, I would also point out the fact that they are chasing you for pittance. I would also look to complain to the council about maladministration, do consider complaining to the Local Government Ombudsman too.

Hi there

thanks for that. I have no idea what they have or have not done since they believed the amount to be due. The first thing I heard was last october although they advised that they did take me to court for this already in 1998 or 1999. Does this make any difference? whether they have already taken me to court or got an order?

cheers

Hi there
I posted a question yesterday as I am in court today for unpaid council tax. I have checked the documentation and it states that I recieved a liability order in 1999 (for £35.09). I recieved notification last october that this amount is outstanding and have been dealing with the council since then without success. I have never recieved any info regarding this debt and it is so old now. I asked when it realtes to in writing etc and no response. Since they have the liability order so I have any recourse when attending court today?
cheers

Im no expert but isnt that debt falling under "statute barred" as its so old also they need some evidence to prove you owe it or the judge will throw the case out.


ps as always council taking someone to court for pittence £35.09 come on these guys need to get a grip it will have cost them more just chasing it.

Nope.

Originally Posted by payplan

Council Tax

If the Council tax was due more than 6 years ago the council can go to Court and ask for a Liability Order. The liability order allows the council to deduct the council tax debt from your wages or benefits. The council will be granted the liability order unless you defend the debt.

The magistrates must be satisfied that the Council have carried out the processes required of them by law before making liability orders.

they state they already got one in 1999 and applied charges of £65. they have removed these original charges and are now applying again for a liability order. I am not sure whether they can do this twice. Does anyone know at all? I really would not have an issue if I owed it but they have been so aggressve with me and unhelpful I want to fight it.

The first thing they did was send a balliffs letter when I was not even aware the amount was due and then have refused to send me details of the bills as they were on a different system and in the archives so difficult to obtain. I was on benefits at the time so I am sure it's down to some mix up between council tax and benefits but without the info I have requested this is impossible to prove

should i save myself the grief and just pay the thing this morning?

Originally Posted by alix2

Im no expert but isnt that debt falling under "statute barred" as its so old also they need some evidence to prove you owe it or the judge will throw the case out.

the limitation act doesn't apply for council tax debt, however there are other regulations which i've already posted about in the other thread.