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Hi

 

I recently received two letters about one old council tax account and one old payday loan, both over 6 years old.

 

I have tried to arrange to pay the council tax bill but the bailiff company wont accept installments and want the full balance. The amount owed is over £700, so I'm sorry but to land that on me after 6 years and expect me to pay in full is ridiculous.

 

The payday loan, i have no recollection of taking out and the debt collection agency have added a ton of fees on so i have issue with paying it.

 

Are either of these debts even enforceable given they're both over 6 years old?

 

This is the first ive heard about both of them, but i have moved house a couple of times over the last few years.

 

Thanks

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If they have been actively trying to recover the debt (e.g. writing to you and then tracing you) then the debts are enforceable I believe.

 

If there had been no effort of recovery in that time then it could be argued they are not.

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Ok but surely the bailiff should accept installments after such a long period of time? I'm not currently working and in receipt of benefits. I have offered to pay £30 per month which they would not accept.

Is it worth writing to the council?

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That's a whole different issue.

 

Each case is judged on its merits. If you've got a decent job and a Bentley parked on the drive then the bailiff isn't likely to accept installments. If you're suffering hardship then the bailiff should cut you some slack and accept and arrangement. If you are deemed vulnerable then the matter should be passed back to the council.

 

In the first instance it would make sense to ask for a breakdown of what you are being charged for. It may be that the bailiff fees are not due.

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i'd start an new thread for the PDL debt

 

use this for the CTAX debt

 

they cannot become statute barred sadly unless a liability order was never attained


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have you phoned the council and asked these questions:

 

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


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OK I'll email the council.

 

And what about the other debt? That hasnt been to court and they havent pursued since 2008 so i presume it's subject to the limitation act?

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start a new thread in the payday loan forum

 

dx


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The 'payday' loan query should be posted on the debt forum. The council tax is sadly still due and payable as council tax is not subject to the Limitation Act.

 

However, it is important to ascertain the date on which the Liability Order had been obtained and the reason WHY the council failed to enforce the debt any sooner.

 

It is vitally important to also find out from the COUNCIL (not the bailiff company) the precise amount of the Liability Order.

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