Equita chasing me for council tax

[NinaS]

don't know if I'm posting in the right place, but,

I'm being chased by baliffs for £800 council tax debt from my last property, that I swear I paid. Off. Even if I didn't (or more likely that I can't prove it) can they still chase me, it was 8 years ago?

[sgtbush]

yes, it does not become statute barred

[NinaS]

What's that?

[ploddertom]

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

[lamma]

Good advice. It is highly probable that any council debt, should it be proven to exist, is much much less than the amount being demanded. Do not pay the bailiffs a penny.

[wonkeydonkey]

What's that?

 

it means the debt will remain live forever and can be enforced at any time now or in the future.

 

WD

[NinaS]

Once i have got that information, what should I do with it.

[TB Law]

If this is an old property then you may not have received the Final Notice or the reminder at your new address and you just telephone the council to ask the council to roll back the case to pre-enforcment stage and that stops the bailiffs.

 

 

You can then sort out with the council whether you actually owe the money

[NinaS]

If this is an old property then you may not have received the Final Notice or the reminder at your new address and you just telephone the council to ask the council to roll back the case to pre-enforcment stage and that stops the bailiffs.

 

 

You can then sort out with the council whether you actually owe the money

 

Thats brilliant thank you i will do that.

[tomtubby]

TB Law....the info given above by you is not only incorrect but is of concern because, based on your advice Nina S is given false hope.

 

Council Tax legislation provides that a "final notice" needs only to be sent to the "last known address". Apart from taking the matter to the Court of Appeal there is no provision to "roll back " the case to "pre-enforcement" stage. To do so, would require cancellation of a Liability Order. This will almost certainly NOT be achieved by ringing the council.

 

By all means, Nina S should call the local authority....but I would be very surprised indeed if they agreed to "roll back" this Liability Order.

[TB Law]

You will find that unless evidence to the contrary is proved, the taxpayer can ask the council to cease enforcement action.

 

Nina cannot 'roll back' the liability order itself because there is no such procedure for this. The procedure is to quash a Liability order under Section 82 of the Local Government Act 2003 but Nina does not need to do this until she has discussed with the council whether she actually owes the money.

[brassnecked]

You will find that unless evidence to the contrary is proved, the taxpayer can ask the council to cease enforcement action.

 

Nina cannot 'roll back' the liability order itself because there is no such procedure for this. The procedure is to quash a Liability order under Section 82 of the Local Government Act 2003 but Nina does not need to do this until she has discussed with the council whether she actually owes the money.

 

Problem with this is that bailiffs are now involved, and if it is Equita, Capita may be involved with the council, as backoffice, so Nina will have to go to the top so to speak, and be prepared to issue Formal complaints to CEO, leader, and MP

 

Which council is this Nina? so we can ascertain whether there is a Capquita stitch up there. Only the council can apply to quosh the liability order, but will be reluctant to call the dogs off without proof.

[TB Law]

If the council of the contractor is non cooperative then Nina makes a written formal complaint and it will be investigated.

[brassnecked]

If the council of the contractor is non cooperative then Nina makes a written formal complaint and it will be investigated.

Which is what was suggested, if it is a Capquita council, the Formal Complaint would be a definite and essential option.

[tomtubby]

Section 82 of the Local Government Act 2003 allows for the "quashing" of a Liability Order. Evidence would need to be provided by Nina that she had paid the debt before an LO had been issued.

 

This section does not however allow an LO to be cancelled if notices had been sent to a wrong address.