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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
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    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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Council Tax - Statute Barred?


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Hiya All,

 

I'm looking for a little bit of advice. (and maybe a little bit on hand holding)

 

My partner had a letter from ***** Council just over a month ago saying that he owed council tax from 2001.

 

He had rented his house out through an agent, and the agent no longer have any record because they only keep their info on file for 6 years.

 

My partner has contacted the person that lived there, and they phoned the council to tell them that they lived there, not my partner. The woman at the council would not speak to the guy that lived there because of "The Data Protection Act". Then a week later my partner recieved a letter including a court order (liability order) in his name, that was dated in July 2001 (he knew nothing about this).

 

My partner rang the council and explained that he didn't live there, and that the person that did live there has tried to contact them.

They would not budge, they said that they had a liability order and that they were going to persue it!

 

Well today he's had a letter from a debt collection agency.

 

I've told him not to respond the the agency yet, because he needs a bit of advice first.

 

So PLEASE PLEASE help, this is ridiculous, and it's VERY scary.

 

Thanks so much

S

Edited by scoobs
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The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

 

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

 

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

 

If the Council Tax was due more than 6 years ago then the council are unable to ask the Court for a Liability Order (a liability order allows the council to deduct the Council Tax debt from your wages or benefits).

 

However, it is unlikely that the council will have allowed this to happen, and they will usually have obtained a Liability Order before the 6 years are up. You need to check with the council to see if they have one first in his name and if the timing is correct. It looks like the new tenant may be responsible for the debt.

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Thank you so much for your help ukaviator. I REALLY do appreciate it.

The council obtained a liability order in July 2001 (even this was more than 6 years ago). He's not lived there for 10 years and sold the house around 5-6 years ago. Obviously my partner hasn't lived there for quite some time and he didn't recieved any mail about it until recently (about 2 months ago).

 

The new tenant has accepted responsilbility for the outstanding amount. Unfortunately the council will not remove the liability order and wish to maintain this order (to obviously collect their debt from 'someone', now having the limitations issue with the new tenant.)

 

I'm currently worried about what to say/not to say to the debt collection agency. I want to make sure that he's doing this by-the-book.

He's done absolutely nothing wrong.

 

I'm really angry at the council for persuing this in this manner, and it's a pretty good thing that I don't live in that council borough, or I'd have a few choice words to say about the complete waste of the council time and money on this.

 

The tenant has already said that they'd be quite willing to go to court and state that they did try to talk to the council about paying this amount but the council wouldn't talk to them directly because it was a beach of the "data protection act". PPPffft!

 

So, any advice on what he should say/not say to the debt collection agency would be very very much appreciated (and maybe I'll be able to sleep tonight!)

Edited by scoobs
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hi there,

have you tried phoning the c a b.

i am sure someone, who is much more clued up on this will answer your query soon, just wanted to say don't speak over the phone, do everything by letter rec. del. then you have proof of everything, including the rec. del. slips.

i have learnt from this site to keep a folder for the particular debt, and keep copies of all that is sent to them. they will try and make you talk over the phone, but just say i will only corrispond by letter!

never, ever sign the letters either!, as they don't need a copy of your signiture!

maybe you could get the new tennant to write a letter to state that they are responsible for the outstanding amount, not sure if this would help, but it can't do any harm can it!!

then at least you have it in writing for future reference.

also, try by writing to the agency, even though they have said they have no recore, it is only just over 6 years, and you never know they may just come accross it!

above all please try not to worry! you have done nothing wrong, and it will all get sorted out soon enough.

chin up xx

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