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today i have recieved 3 letters saying liability orders have been issued for council tax dating from 1995 to 2002,

i was under the impression that although council tax is never stat barred that under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992. this was not possible, anyone with more info on this please?

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Council tax certainly can become statute barred ie if more than six year have passed then they cannot obtain a liability order. You must find out the date that the liability order was requested.

 

Remember that statute barred doesn't stop someone from chasing a debt just that they can't use the court system to do so.

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Remember that the 6 years is from the date of billing not the initial date of liability (regentford ltd v thanet distrct council) however the local authority will tell you the date of the issuing if you ask them. (If you have received a regulation 36 notice (usually called a request for information or similar) then the date of issue of the liability order will be shown on the form).

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  • 4 weeks later...

HI, I stumbled across this by chance and wondered if anyone could shed light on a similar problem for me ? In April I received a letter from another Council claiming a debt of £837 from the period 1999/2001 at a property I had previously lived it. I had since lived in that Council's area in 2004 to 2006 yet they never claimed I owed them money then. In 2006, after I had moved again I got a notification from a bailiff. I contacted the Council and asked them to provide me with proof that this debt existed, including orginal bills etc. I never received this and the next time I called them the woman I spoke to said they had recalled the debt from the bailiff and it had been cancelled. I heard nothing further until their letter in April Upon receving this I contacted the Debt Helpline who advised me to write to them requesting all information held about me under the subject right of access act. I duly did this and heard nothing back for about 10 weeks. When I did receive something a was merely a few pieces of apper regarding a rehousing matter and included nothing about any housing benefit claims or council tax bills or claims etc. I wrote back to the Data Protection Officer explaining my rights under the Subject Right of Access. I received another couple of bits of paper but again. still nothing relating to any CT or HB. Again I emailed, at the end of July, asking for someone "higher" to look into why I had not received what I was entitled to receive (I had lived in their area for a number of years so there must have been more). I received no reply until yesterday, when I received three other bits of paper....at the same time as I received a letter from the bailiffs again. I had asked them to provide proof this debt existed, but they simply wrote back saying the council had said I was liable and they would pursue it. Surely i am entitled to see how this debt accrued...or any liability orders granted ? They are giving me zilch and just expecting me to pay up I also know that I have not received all the information they hold. What is my next step ? Im not giving in without a fight...if I owe the debt...then prove it...also ...what are my options regarding them not providing me with all the info requested in the given timescale (or at all !! ) I have no proof that the woman at the Council said the debt had been cancelled....though some information I have received said the debt was "archived" back in 2006...why would they do this ??

Any advice would be greatly appreciated !

 

Many thanks

 

Me : )

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  • 2 weeks later...

have contacted council regarding dates for l/o they range from 1995-2000, have prepared a sar for the council, however i received SIX letters from our friends at rossendales today. ive had no contact with the bailiff is it best just to carry on with sar to council?

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have contacted council regarding dates for l/o they range from 1995-2000, have prepared a sar for the council, however i received SIX letters from our friends at rossendales today. ive had no contact with the bailiff is it best just to carry on with sar to council?

 

Yes but include a £10 cheque which obliges them to respond by time limits set by law otherwise you could end up like Me2212 above and be fobbed of with some bits of paper.

 

Although the SAR entitles you to everything, it is best to say what you require from them ie; all bills, payment record, copy of liability order etc.

 

If a bailiff comes knocking at your door, don't let him in, he can't break in unless he has already been in.

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  • 3 months later...

sorry about the delay in reposting, have received information from council, after requesting details on all outstanding debt and info on record, i have been sent a pile of paperwork that some what confuses me.

however they are unable to provide copies of all bills issued as council are not obliged to hold a copy of all notices issued in relation to council tax,just the dates they were issued which are supplied.

they are also unable to provide me with copies of liability orders as these are not physical documents but dates again have been provided.

 

have noticed today after reading some of the paperwork that not only am i being charged for an address in which i did not live, but for dates i was living somewhere else

 

council made an attachment to earnings today for 1995 tax.

 

sorry again for the delay,

 

any advice??

Edited by rome00
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