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I have recently received a bill and summons for two amounts of outstanding council tax. One relates to 12/3/2001-18/7/2002 and the other for 1/4/2002-31/3/2003.

 

As i understand it no one is expected by law to keep records relating back further than 6 years?

 

My girlfriend paid the first period through an attachment of earnings and the company is no longer trading so cant help with documents to prove this. We have been paying the baliffs ever since with many charges for things they didnt do, like visits that never happened.

 

Can they enforce this bill. Sorry to leave it so late, the hearing is tommorow 23/4/2009 at 14:15pm. Wish id found this site sooner.

 

any help is most appreciated.:confused:

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I hope that the following will assist you....but PLEASE do ensure that you go to the Magistrates Court and do let us know on the forums what happens tomorrow.....

 

 

 

 

Under Regulation 34(3) of the Council Tax (Administration and Enforcement) Regulations 1992 it states the following:

 

"The council should not go to the magistrate’s court and ask for a liability order for council tax if the application is made more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992"

 

 

Liability Orders and the 6 year rule.

 

The Limitations Act 1980 imposes various time limits on different classes of

 

 

proceedings these are:

  • six years for sums due under contract,
  • six years for tortious claims,
  • three years for personal injury cases
  • twelve years for recovery of land.

Whilst the six year rule applies to the right of a billing authority to obtain a liability order under reg.34(6) Council Tax (Administration and Enforcement) Regulations 1992 SI 613, there is no express time limit for the collection and enforcement of local taxes once a liability order has been obtained.

 

Nevertheless, some Magistrates (no doubt guided by their clerk to the court) considered the overriding duty is to exercise discretion reasonably.

 

Some are concerned that with debts going back more than 6 years (even if the billing authority can demonstrate recovery throughout) could be considered an abuse of legal process.

 

Three years is the maximum period over which a committal postponement should run. The legal ruling for this is in re: R. v. Newcastle Upon Tyne Justices ex parte Devine (QBD) (1998).

 

Orders requiring more than three years to pay become irrecoverable.

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jsut giving your thread a gentle nudge.


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I provided an in depth response to this question at least 8 hours ago !!!!

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Here is the answer again...

 

I hope that the following will assist you....but PLEASE do ensure that you go to the Magistrates Court and do let us know on the forums what happens tomorrow.....

 

 

 

 

Under Regulation 34(3) of the Council Tax (Administration and Enforcement) Regulations 1992 it states the following:

 

"The council should not go to the magistrate’s court and ask for a liability order for council tax if the application is made more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992"

 

 

Liability Orders and the 6 year rule.

 

The Limitations Act 1980 imposes various time limits on different classes of

 

 

proceedings these are:

  • six years for sums due under contract,
  • six years for tortious claims,
  • three years for personal injury cases
  • twelve years for recovery of land.

Whilst the six year rule applies to the right of a billing authority to obtain a liability order under reg.34(6) Council Tax (Administration and Enforcement) Regulations 1992 SI 613, there is no express time limit for the collection and enforcement of local taxes once a liability order has been obtained.

 

Nevertheless, some Magistrates (no doubt guided by their clerk to the court) considered the overriding duty is to exercise discretion reasonably.

 

Some are concerned that with debts going back more than 6 years (even if the billing authority can demonstrate recovery throughout) could be considered an abuse of legal process.

 

Three years is the maximum period over which a committal postponement should run. The legal ruling for this is in re: R. v. Newcastle Upon Tyne Justices ex parte Devine (QBD) (199:cool:.

 

Orders requiring more than three years to pay become irrecoverable.

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Thanks for the swift reply tomtubby. Sorry dont understand the second comment, your first reply was spot on. Will update what happens later today.:)

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Oh, I posted a similar query to this and was advised that council tax bills are exempt from the 'statue barred' rule:confused:

This has lead to the bill being paid, and a wrangle with bailiff fees and credit card charges:(

 

Fwog

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Upon attending court the Clerk picked up on the fact that the debts were over 6 years old and the council woman returned with the following explanation.

I was a student at the time and their computer had taken off my student discount for an unknown reason. She wanted me to find out all the dates i attended college and get back to her asap.

I explained that I was claiming benefits a would and could not waste money phoning round the university when they had already had the info and it was over 6 years old anyway.

She phoned last Friday and I missed the call :rolleyes:. So far no follow-up.

Will keep posted on the outcome.

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I don't normally agree with opening up old threads but this one is important because MANY local authorities (possibly in an attempt to raise additional revenue) are going back into very OLD cases and passing these accounts to bailiffs to enforce. Within the past 2 weeks we have seen cases from 1990 and 1991 !!!

 

Although as mentioned in my previous thread a local authority should be aware of the limitation period for obtaining a Liability Order we are seeing many more cases where they obtained a Liability Order 9 years ago and which they are passing to the bailiff again to enforce. There is case law on this regarding a period of 4 YEARS elapsing from issuing the Liability Order and Distress !!!

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There is case law on this regarding a period of 4 YEARS elapsing from issuing the Liability Order and Distress !!!

 

Could you clarify this point TT?

 

Cheers:)

 

Fwog

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The case is Thameside Magistrates Court and Thameside Metropolitan MBC v Ex Parte Coleman & Davenport 1988.

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The case is Thameside Magistrates Court and Thameside Metropolitan MBC v Ex Parte Coleman & Davenport 1988.

 

This is V useful, is there an online transcript anywhere?

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and pushin it abit,

 

anthing similar for summary warrants for scotland?

 

Ida x


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8)

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This is V useful, is there an online transcript anywhere?

 

I have put in a request for a copy and will post back here with it when I receive a response.

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I have put in a request for a copy and will post back here with it when I receive a response.

 

You're a legend, it's appreciated :)

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Although as mentioned in my previous thread a local authority should be aware of the limitation period for obtaining a Liability Order we are seeing many more cases where they obtained a Liability Order 9 years ago and which they are passing to the bailiff again to enforce. There is case law on this regarding a period of 4 YEARS elapsing from issuing the Liability Order and Distress !!!

This is exactly what's happening to me. the council claim that they got a Liability Order in November of 2000 and, unless I pay within a week, they will take enforcement action.

 

I can't seem to find anything on the internet about Thameside Magistrates Court and Thameside Metropolitan MBC v Ex Parte Coleman & Davenport 1988. From the title it doesn't seem to be an appeal court hearing so I'm not sure that it sets a precedent, but what was the ruling?

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I have been searching this site as I am in the same situation. I moved from one council to a neighbouring one over 5 years ago. I had paid all council tax to previous council but out of the blue reciced a letter saying I owe £1,500 in upaid tax. I wrote to the council after trying to ring them on over 34 occasions with no reply. I explained it had been paid in full. I have now received an equita baliff letter demanding full amount. Help what can I do Since it is so long ago I havnt kept any receipts. I never received a liability order either. Why after so long have they done this?:-x

 

Welcome to our forums, you may wish to start your own 'thread' as you'll get a great deal more assistance this way. If you're unsure on how to do this let us know. Can you remember how you paid the tax originally?

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I dont know how to post a new thread sorryxxx

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:confused:

jsut giving your thread a gentle nudge.

Hello,

I am looking for some legal advice re my brother's council tax

He bought a house in 1998 in Glasgow, he has never received a council tax bill for the house.

He did contact the council dept about this on 4 occasions but he still never received any bills or demands for arrears. he has no copies of letters or dates of telephone calls to them.

it is now 11 years down the line and he has never paid any council tax, I am worried that he will be in serious trouble if they find out he hasn't paid.

also if he ever wanted to sell his house would not paying the council tax affect his right to sell.

i have encouraged him to go and see a lawyer re this as i am sure the council are liable as well for not processing his details.

can you please give me any advice on this matter

Thanks

Tracey

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Hi Fiona

Sorry I am not sure about this one I think though if the council can prove he has lived at this address they can take action at any time not sure about scottish law though:evil: The councils are all incompetent they make me angry !!!

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