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Council tax and stature barred..


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My local authority had confirmed the above and this was after they had confirmed they had a liability order which included an amount that was over sever years ago. Does this make the liability order void as this new information has been confirmed by them..

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Well you didn't say they had a liability order.

 

If they got the liability order within six years of the demand then it is valid and won't be or become statute barred.

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Well you didn't say they had a liability order.

 

If they got the liability order within six years of the demand then it is valid and won't be or become statute barred.

 

The point is they had told me they had a liability order even when I had confirmed that I had not received a summons. It then turned out that an amount of over seven years ago was presented on the summons (what they have said) this figure was presented as the overall evidence for a liability order to be issued..

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The point is they had told me they had a liability order even when I had confirmed that I had not received a summons.

 

The council only have to show it was posted, proof of receipt is not needed.

 

t then turned out that an amount of over seven years ago was presented on the summons.

 

A summons must be applied for within 6 years of the amount becoming - it doesn't become due until a demand notice has been issued for the particular amount. In theory a demand notice could be issued today and backdated to a period 7 years ago and the council have 6 years from now to issue the summons.

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The council only have to show it was posted, proof of receipt is not needed...

 

In that case you could ask for proof it was posted. However, the likelihood of the council being able to prove that is pretty remote. The best it may possibly do is produce a copy of the Certificate of Posting, which would only prove that 'x' number of Summonses in relation to the bulk application were sent by its mailing contractor.

 

EDIT:

 

Is there nothing in the council tax regulations specifying the requirements for serving the summons, or failing that, general rules/guidelines (paragraph 8) which apply?

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Is there nothing in the council tax regulations specifying the requirements for serving the summons, or failing that, general rules/guidelines (paragraph 8) which apply?

 

No.

 

They just need to ensure that they meet the interpretations act 1978 for postal service - http://www.legislation.gov.uk/ukpga/1978/30/section/7

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My local authority have sent a one page (A4) and on one side it says at the top of the page Liability order in respect of council tax.

 

The time and date of hearing and a signature (no printed name) of justice of the peace (not a or the.)

 

On the other side, a list of names and addresses (mine included as a liability order issued for those mentioned.

The other names have been felt tipped out

however you could at a struggle make out the details.

 

I had made a complaint that no summons had be received and this what I get.

 

What do I do now as I want my day in court..

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no they are basically rubberstamped in bulk

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When I have received a summons in the past, it tends to be an invitation to attend to explain why any due payment has not been paid, however if the individual does turn up, then that invitation gets denied on the day if the whole lot of summons are rubber stamped..

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At Liability Hearings the Magistrates are only allowed to give a yes or no answer and that is whether you are liable or not to pay. The margins for no are very narrow which is one of the reasons they are done in "bulk". If you attend then it is your right to be heard but in many cases you get waylaid by the Council.

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The whole court situation regarding council tax sounds well Dodgy in my opinion..

 

For Reference

 

OP Previous threads on CT http://www.consumeractiongroup.co.uk/forum/showthread.php?415319-Council-tax-and-stature-barred..

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Threads merged for clarity.

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  • 1 month later...
The point is they had told me they had a liability order even when I had confirmed that I had not received a summons. It then turned out that an amount of over seven years ago was presented on the summons (what they have said) this figure was presented as the overall evidence for a liability order to be issued..

 

 

My local authority have now withdrawn the council tax liability order they had on me but haven't confirmed why..

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