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Piratedr

City Council debt collecting council tax from 2002/03

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Hi There

 

Can anyone help I received a letter from birmingham city council last month stating that i owe them over £700 in council tax from a property i owned with my husband for 2002/2003. I sold this property in 2002 and have not lived there since the sale of the property. i was advised to send them a letter stating the limitations act 1980 this i sent out to them i have now had this response from them. please state that what they say i have not recieved any of what they have sent me.

 

This is the letter i have recieved from them.

 

Dears Mrs XXXXXXX

 

Council Tax for above property

 

Thank you for your recent letter regarding the above. The contents have been noted.

 

I must advise you that a liabililty Order was granted by Birmingham Magistrates Court on 5th February 2003 in respect of the balance outstanding for the 2002/03 financial year. The Limitation Act 1980 does not apply to balances where recovery action has been taken through the courts. There is no time limit on collection of these debts.

 

I note that you state that you have not acknowledged any contact by Birmingham City Council in the last six years. However I must advise you that demands for payment were served on you in respect of the balance owed for the 2003/2004 financial year with the last six years. I must advise you that these were served to your last known address, in accordance with section 233 of the Local Goverment Act 1972.

 

Therefor the balances outstanding are payable. You should make payment in accordance with the bill issued 17 June 2009. Failure to do so will result in further action being taken to collect the full balance owed.

 

 

I have never recieved any of these so called letters and have not received any Liability Order they say they have sent these to my last known address. yet I have continued to pay council tax in my new property since my husband sold the above property. I hope some one can help im lossing sleep over this.

 

Please Help

Edited by Piratedr

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I'm not 100% on this but if they had taken you to court and you weren't living at the address when the court papers were issued then i'm pretty sure you could get this set aside....Have you tried the National Debtline ? (free, impartial and confidential)


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Hey there,

 

When is the council tax bill from? Are they trying to recover the money owing from AFTER the house was sold?

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Council Tax arrears : Directgov - Money, tax and benefits

 

Council Tax Arrears

 

Council Tax,Liability order,attachment of earnings,vulnerable groups,forcing entry,what is peaceful entry?,Magistrate Court Liability Orders

Council Tax & Liability Orders.

It is important to realise that if your local council have obtained a Liability Order against you for unpaid Council Tax or Business Rates, then you are not alone….during the year to 2007, there were approx 4 million Liability Orders granted.

Bailiff action to collect unpaid Council Tax or Business Rates can only begin once a Liability Order has been obtained by the relevant Local Authority. Liability Orders are granted in the Magistrates Courts. Very few debtors bother to attend this hearing. This is mainly because unless the amount claimed is wrong, or you are not the person named on the summons, the application will be granted.

To obtain the Liability Order, a representative of the Local Authority will present a spreadsheet to the Magistrates Court consisting of the names, addresses and reference numbers of those debtors in arrears with Council Tax and Business Rates. This is called a "Complaint List". Unless there are objections, which is rare, the Court merely rubberstamps this list. . This has the effect of confirming the legality of the debt. It is very rare to be shown a Liability Order; however you could ask to see it.

By law, the local authority must give you 14 days written notice that the Liability Order is being transferred to their relevant bailiff company for collection. Therefore, it is vital that you try to stop this process if you are unable to pay.

It is worth noting that although approx:4 million Liability Orders were granted in the year to 2006, only 50% of them are actually sent to bailiffs. If you need to make a payment proposal with the council, this must be done within this 14 day period. This is because, most local authorities will try to tell you that once the debt is with the bailiff, they cannot have any further dealings with you. Although this is untrue, it is very difficult to have the debt returned back to the council once it has been sent to the bailiff company.

Whether your outstanding debt is £100 or £1,000, your local authority will charge you a fee when they obtain a Liability Order. The amount is set by each individual council and ranges from £75 to £125 for Council Tax and from £100 to as much as £250 for Business Rates and will be added to your outstanding debt.

The Magistrates Court will charge a fee of £3 to each local authority when granting the Liability Order and each council is allowed to keep the fee that they charge to you ( ie: £75 to £125) less the £3 court fee.

Local Authorities will argue that they are not making a profit from obtaining Liability Orders but that they require this money in order to run their debt recovery departments !!

It is worth noting that a Liability Order is not recorded with a credit reference agency and will therefore not affect your credit rating.

 

If you intend on asking the court to set aside the liability order then you should do it sooner rather than later, before the council enforces the judgement.

You need to ask the court for the relevant form to appeal, normally the courts will set aside the judgement if you can show you did not receive any information/letters/papers etc about the intended court case about you, and in your case, it was because you had moved.

 

I do recall reading on here about a similar case, and someone being the font of all knowledge on the subject, but have failed to find it!!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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how about checking with the court and confirming the liabilty order was granted?

one simple phone call should answer that at least.

dx


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Hi there

 

does a liability order trump the limitation act

ie even thou i have had a liability order against me i have not received this order or any other form of paperwork stating that I owe this money for over 6 years.

 

Please help

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Hi there

 

does a liability order trump the limitation act

 

Yes it does.

 

The limitation act states that 'action' cannot be brought after 6 years.

 

The liability order is that action. Once obtained theoretically they can chase for payment forever.

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