Statutory Demand for 13 year old council tax

[orange1234]

Hi everyone, I have had a statutory demand issued for Council tax from 13 years ago. I was on Incapacity benefit at the time and was in receipt of council tax benefit. I have asked the Council under a Data protection request for all paperwork relating to me that they have including copies of Liability order and original bills. It's been 3 weeks and they have not replied. I wrote to them requesting they withdraw the SD but instead they extended it to 15 December. I spoke to them today and he said they have no paperwork only computer entries.

 

I have a few questions and I would be very grateful if anyone can answer them.

 

If they can't provide a copy of the original Liability Order is it now barred ? ( It's 13 years ago and they have not written to me before now.)

 

Are their computer records sufficient without corroborating documentation ?

 

How long have they got to provide the information that they do hold, to me under a Data protection request ?

 

I have written rebutting the SD and informing them that I was on benefits at that time, and I will write to JC Plus to request information confirming this. I have until 15th to set aside and I would like to get things ready in plenty of time.

 

Thanks for reading and any advice you can offer

[42man]

This is the first time I have seen a council (or is it a debt collection agency collecting on behlaf of ?) issue a stat demand for a statute barred debt...

 

Is this for a different council than your current one ? or have you resided in the same house for a long time ?

[42man]

I have moved your post to a separate thread where you may get some more input from others.......if you have not heard anything from the council about this particular issue then it should be statute barred, in answer to your question about the request for information, then I think they have to respond within 40 calendar days - you might find this link useful - http://www.kent.ac.uk/data-protection/Forms/subject_access_guide.pdf

If they fail to respond in 40 days, you then send another letter stating that they had failed to comply with your request, giving them a further 7 days to comply (you can head the letter - LETTER BEFORE ACTION) enclose a copy of the original request and send recorded delivery....did you send £10 in lieu of the fee for the request ?

[BRIGADIER2JCS]

I agree I have never seen this before, I am unsure

if there have been any changes in legislation on this,

''debts owed to ''Government''can become statute barred,

overpayments of housing and other benefits will be come

statute barred but the law allows that the debt can be recovered

from means tested benefits even if the debt is SB but deductions

have to be at a level that does not cause hardship.

Brig.

[orange1234]

This is the first time I have seen a council (or is it a debt collection agency collecting on behlaf of ?) issue a stat demand for a statute barred debt...

 

Is this for a different council than your current one ? or have you resided in the same house for a long time ?

 

It's from the Council directly. I own the house but have rented it out on and off for about 8 years. The SD was their first communication. Not even a letter beforehand.

 

If they fail to respond in 40 days, you then send another letter stating that they had failed to comply with your request, giving them a further 7 days to comply (you can head the letter - LETTER BEFORE ACTION) enclose a copy of the original request and send recorded delivery....did you send £10 in lieu of the fee for the request ?

 

Thanks for moving the thread. No I didn't send £10 I didn't read that bit on Wikipedia. They have acknowledged my request and haven't asked for £10 either. They send no paperwork accompanying SD. I wasn't sure how to request discovery of documents on a SD so I made a request under the Data protection act.

 

I agree I have never seen this before, I am unsure

if there have been any changes in legislation on this,

''debts owed to ''Government''can become statute barred,

overpayments of housing and other benefits will be come

statute barred but the law allows that the debt can be recovered

from means tested benefits even if the debt is SB but deductions

have to be at a level that does not cause hardship.

Brig.

 

Council Tax should have been paid by the benefits office at that time. I have written to Job Centre Plus, but on the phone when I chased them up they say they don't keep records going back that far.

 

The SD also includes debts from a tenant in 2008 and they have asked for current address details so they can send him the bill. He was a student and he went back to Latvia ( I think) after his studies. I didn't think they could hold me responsible for a tenants bill.

[42man]

you'll need forms 6.4 and 6.5 to set aside....I think the approach is quite vexatious especially so as they seemed to have issued it with no forethought or investiagation as to why....they must surely know that there has been no payment towards this alleged debt for an age !!

[BRIGADIER2JCS]

Certainly a landlord cannot be held responsible

for a tenants council tax liabilities unless the

tenancy was a fully inclusive agreement with the

LL payning the tax from the gross rent, this happens

often in University Towns such as where I live where

many of the students have no knowledge of our taxation

systems in local areas.

Brig.

[orange1234]

you'll need forms 6.4 and 6.5 to set aside....I think the approach is quite vexatious especially so as they seemed to have issued it with no forethought or investiagation as to why....they must surely know that there has been no payment towards this alleged debt for an age !!

 

They are asking for 1998 and 1999, so that's about 12 years. How am i expected to find documentation after all this time. To top it all he said on the phone that they dont have a copy of the liability order order (if one exists) or the original bills either. Maybe beacuse of the cuts the Councils are starting to look deep into their accounts and send out SD will nilly in the hope of getting something. I wouldn't mind if owed anything, but I don't.

 

Certainly a landlord cannot be held responsible

for a tenants council tax liabilities unless the

tenancy was a fully inclusive agreement with the

LL payning the tax from the gross rent, this happens

often in University Towns such as where I live where

many of the students have no knowledge of our taxation

systems in local areas.

Brig.

 

They said that until they can contact the tenant and serve him for unpaid council tax they won't accept he is liable.

 

I seem to be getting it from all directions.

 

I have downloaded 6.4 and 6.5.. Is this something I should do myself or should i get a solicitor and add costs.

[Undercover-Elsa]

Hi Orange,

What a nightmare for you! How much (roughly) is the demand for?

With regard to Council Tax debts,I looked into this a while ago, and as far as I am aware once a liability order has been issued they never, technically, become Statute Barred. If they haven't issued a liability order by the expiration of 6 years then they cannot usually issue one.

Presumably they would have to provide evidence that one was actually issued.

Have you changed your home address since 1999?

If you've been contactable since then their late pursuance does seem very vexatious.

 

Re the Student...if you know the college/uni they attended, they should have records of a forwarding address. They may or may not be willing to provide it to you, but might be an idea to enquire in writing, giving the reason, then copy their response to the council, who would have the power to request the info if it was declined to you.

 

Hope this helps a little,

 

Elsa x

Edited November 29, 2011 by Undercover-Elsa

[orange1234]

Thanks Elsa, yes I have been contactable from the same address since 1998. They are asking for about £4,000.

 

I have asked for copies of bills, records and a original copy of the Liability order. I have received nothing. Do you have any idea how I can demand the documentation or is it better that they don't send it as it would make the likelihood of it being set aside more likely as they have provided insufficient information.

 

The forwarding address ior the student is 3 years out of date but the Council has been forwarded their email address

[42man]

If it was me in your position I would contact the person named on the demand and simply state that you have received a potentially frivolous demand for a debt that 'could' be statute barred, the council should have no right to pursue you especially so when you have never moved addresses, I feel the emphasis by the judge will be on them as to why they haven't done anything with it. You state that at the time you were in receipt of relief for this as you were on incapacity benefit, and that they should know this, and state in no uncertain terms that you will be setting aside the demand which is being used against you as a debt collection tool, without them having provided whatsoever any particulars of claim attached to the demand. And state that if they intend to pursue you you will (bereft of any documentation) request the judge to make an unless order on ALL documentation AND you will claim significant costs.