council tax debt from 11 years ago

[Bigal1903]

Hi there, last week i recieved a summary warrant letter from Stirling park (dept collectors) claiming that i owe £940 from unpaid council tax from 11 years ago.

This letter was completely out the blue and the council had never tried to contact me before.

I believe that i had paid this and remember setting up a direct debit but i contacted the bank and they told me they only keep records for 6 years. I now cannot prove to the council that i paid this.

I contacted the council and they said that there was no record of any payment from me from that address.

 

I have remained in the same council area all my life(north ayrshire) and have paid council tax ever since then from other addresses up to this day and i have also remained on the voters roll etc.

 

What can i do in this situation?

[Bazooka Boo]

Which bank is this?

They are quite right in that they only hold info for 6 years, BUT this is 6 years AFTER the account has been closed, so can you confirm that you have changed banks in the last 6 years?

IMO as you have remained with the same council area, and as their has been no issue of them obtaining a liability order against you, this being the first you have heard of them wanting payment for an alleged outstanding Council Tax bill, you have nothing to fear. Obtsain their complaints procedure and exhaust it fully, until you get the answer you need, or until they say that they can no longer deal with your complaint, and issue you with a deadlock letter OR say to escalate your complaint further, then raise your complaint to the Local Govt Ombudsman http://www.lgo.org.uk/making-a-complaint/

 

If the amount was not sent out as soon as is practicable then they will not be able to get a liability order and will definitely lose on any legal action they may bring.

[Bigal1903]

Im with lloyds tsb. A few years ago i moved banks and new current account but nver actually closed the account. They said that they dont hold info like direct debit mandates etc.

 

Thanks for your advice and i will be using it but what do i say to the council and debt recovery company in the mean time?

[Huff&Puff]

You don't have to say anything, it is for them to prove that you owe money, not for you to prove that you don't. If they continue to pester you send a "prove it" letter.

[IdaInFife]

In Scotland arrears of council tax can be recovered for up to 20 years from the date of the Summary Warrant which is similar to a sheriff court decree.

 

The Council Tax (Administration and Enforcement) Regulations, 1992 do not apply in Scotland.

 

Unfortunatley the onus is on you to prove that this was paid.

 

Go back to the bank and retry again to get a print out of the period they claim is outstanding.

 

Stirling Park are sheriff officers. If no arrangment is made to pay the summary warrant then they will issue a charge for payment.

 

If at this point no arrangement is made with them or the issuing court then they can apply for a bank or wages arrestment.

[Bigal1903]

Ive been told by the bank that I cant prove this so its going to be hard to prove this. This leaves me in a difficult situation. Can they arrest wages even though it was over 11 years ago.

 

I only lived in my flat for 11 months and the council are asking for 1 and a half years and i only lived on my own so a single person discount was given to me at the time.

[IdaInFife]

I am afraid they can stll proceed as they have 20 years to collect it.

 

If you are in dipsute with the amount then,

 

the council can check via council tax records for your other address' so should be able to make any adjustments that are required but this has to be done along side the summary warrant as this will not stop the sheriff officers proceedings

[Bigal1903]

So if i cant prove if i paid it then i dont have a case?

[cerberusalert]

You could try sending a SAR to the bank which should produce copies of your bank statements from their historic data.

[karen21101]

hi there just joined today as i am having and have for the past 10 years problems with NLC.they have been making me pay back council tax arrears for 1991-till the year 2000 ,fo the hole period of those years i was on income support,but they say i never returned any rebate forms,

 

it was only picked up in year 2000 when i moved house and called in to change details so since then i have been hounded i started work in 2002 and since then have had a wage arrestment,they arrested my bank account a few times to and all in all a recon a have paid not far from 10k by the time ballif charges ect have been added, i seeked advice from the CAB office got proof from the Social Sequrity that i was in recipt of income support for the whole 9 years in question.

 

it ended up in appeals service and only 52 weeks was removed this was in 2005,my father tool ill and past away,so i let them continue to take the money on december last year i was told a only owed £501 that was it clear and low and behold they landed at my door charles anderson demanding yet anuther year,

 

i have went to see a lawyer no as they are taking the p now ,they still have a wage arrestment and its about £50-£60 per fortnight depending on what overtime i have done on thursday i went to the bank and they have arrested my bank acc there was only £236.28 in it

 

so what do you reckon my chances are in court i have left all my paper work with the lawyer and have to go back and see her tomorrow as i say its around £10000 they have got from me in the past 10 years and do have the proof i was on income support do you think i will get any of it back?

Edited October 3, 2010 by karen21101
hit enter to quick

[Bigal1903]

I had managed to get the council to put it on hold under i investigate it but i am no further forward.

 

Anyone have a template letter i can send to the council regarding the lateness of the demand 11 years etc.

[IdaInFife]

No template I'm afraid and i don't think the would take much notice to ne honest as they are aware they can take up to 20

 

ida x

[ploddertom]

I had managed to get the council to put it on hold under i investigate it but i am no further forward.

 

Anyone have a template letter i can send to the council regarding the lateness of the demand 11 years etc.

 

Have you though about a SAR to the Council - the majority of Authorities provide these free of charge.

 

PT