10-Year old council tax - What are my rights?

[websolutions]

Hello,

 

Need some help here to know my rights.

 

I recently received a letter from a Ross&Roberts company saying that I had to pay council tax of £280.

 

Didn't give any other details about how the debt came about.

 

I called the council and they said it was a debt due on a former property, since 2004.

 

I asked if I could see how to set up a standing order with them, they said no; I had to talk to Ross&Roberts.

 

What bothers me is that,

after moving (2011) I did receive a council tax letter,

informing me that the account was closed and a new account was opened at the new address.

They never mentioned anything about the debt.

 

Does anyone know any rights I have about the issue?

 

They said this was a 14 days notice under which I should pay the full amount otherwise

the 'Taking Control of Goods Regulations 2013 will be instigated'

 

Any help will be appreciated.

 

I certainly cannot pay the full amount right now.

[doggone it]

Are you living in the same Council area?

[websolutions]

Yes I am, does that make any difference?

[dx100uk]

how old is the liability order

 

 

 

dx

[ploddertom]

If you still live in the same area why has it taken them this long to try & sort it out? May pay to involve your local Councillor(s).

[Bailiff Advice]

The letter form Ross & Roberts is for £280 and this will include the statutory Compliance Fee of £75. Accordingly, the debt passed by the council will have been £205.

 

To advise whether or not you have grounds to complain it will be necessary for you to make some enquiries with the council in the morning. You need to ask the following:

 

What was the amount of the COUNCIL TAX debt owed to the council.

 

What date was the Liability Order granted.

 

The amount of the Liability Order (including summons costs etc)

 

Whether any previous bailiff enforcement has been taken since the council obtained the Liability Order

 

The amount of any previous bailiff fees.

 

PS: I appreciate that there are quite a few questions but they are important. Please post back as soon as you have called the council. They MUST provide the information to you on request.

[Peterbard]

Yes just to reiterate it is v important to know when the liability order was first granted

[websolutions]

how old is the liability order

they don't last 'forever'

 

 

dx

 

I don't know. I never received any and it was not in the letter.

 

The letter form Ross & Roberts is for £280 and this will include the statutory Compliance Fee of £75. Accordingly, the debt passed by the council will have been £205.

 

To advise whether or not you have grounds to complain it will be necessary for you to make some enquiries with the council in the morning. You need to ask the following:

 

What was the amount of the COUNCIL TAX debt owed to the council.

 

What date was the Liability Order granted.

 

The amount of the Liability Order (including summons costs etc)

 

Whether any previous bailiff enforcement has been taken since the council obtained the Liability Order

 

The amount of any previous bailiff fees.

 

PS: I appreciate that there are quite a few questions but they are important. Please post back as soon as you have called the council. They MUST provide the information to you on request.

 

Yes just to reiterate it is v important to know when the liability order was first granted

 

-

Thanks for your replies.

There's actually something fishy about the whole thing.

 

Before my posting, I did contact the council, and the amount they actually said that I owed was £290,... an amount higher than the amount in the R&R letter.

 

I said the letter mentioned the lower amount of £280 and they said because your last payment was £22, that's why it's £280.

How can that be?: £290-£22=£280?

 

the lady was feeling uncomfortable talking to me and wanted to cut the conversation short.

 

As I asked if they could allow a payment plan by standing order, she refused and said that they can't take it back, I should speak to R&R.

 

if you tell me that the real amount should be in fact £205, then it all doesn't add up at all.

 

What I do remember is that many years back,

I had council tax arrears,

was unable to pay,

went to court and told them I couldn't pay,

because after the work ended,

I was on benefit.

 

I can't remember the exact year.

 

After that, some bailiff came and I told him the same thing.

They came again 2 or 3 times and left notices, as I never opened the door.

 

I never heard from them again until now.

 

How long is a liability order valid?

 

If you still live in the same area why has it taken them this long to try & sort it out? May pay to involve your local Councillor(s).

 

-

I have been asking myself the same question.

There should be a law limiting the time during which councils can pursue people about council tax.

[lookinforinfo]

Well now you are beginning to tell the wkole story which does alter the situation.

 

Last year the fees for bailiffs altered and now when the bailiffs write to you , a £75 charge is automatically added.

As you have already been to Court and bailffs have called on you then you should be treated under the old regulations.

So the most they can charge initially is for two visits which were probably £24 and £18.50 if those were the charges that were in force back in 2004/5 before the increase.

 

Bailiff Advice asked if you would contact the Council and ask the questions posed in that post and I would think that much of the debt would be

bailiff fees and can be challenged.

 

In light of the length of time outstanding I can understand why the Council are refusing to take staggered payments.

If therefore you are not in a position to settle the whole amount in one go after having confirmed that the bailiff fees to date are correct then you may be best talking to your local Councillor to help you deal with the Council.

 

The Law is that Council tax is payable til the ends of time.

But the Council still has to prove that you do still owe them.

There has to be some sort of paper trail which they probably have if they quoted a payment of £22 to you, unless that was a recent payment.

 

In the meantime the bailiffs will keep calling so do not let them into your property for any reason and keep cars and anything of value in the garden or shed well

away from them as they will clamp/remove them.

 

In addition you should treat this as urgent as now they have found you bailiff fees and Council actions could escalate.

[dx100uk]

well go ask the council for a list of LO's then....!

 

 

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

 

 

 

if they got an LO within 6yrs of the 'debt' its not SB'd

 

 

if they held off 6yrs before they got the LO it can be SB'd

[Bailiff Advice]

The reason why I suggested ringing the council for information is to ascertain whether or not the council can still enforce the debt and one of the key factors is the date on which the Liability Order had been obtained.

[Peterbard]

Yes indeed the statute of limitations apply to the period between the cause of action and the issuance of the liability order i believe

[Peterbard]

Sorry DX didn't see your post

[dx100uk]

no bother

 

 

dx

[websolutions]

Thank you all for your advice and information.

 

I will be back with an update.

[websolutions]

This is just a little update.

I have found some information about the issue in my council tax saved documents.

 

I've found the court Summons For Non-Payment issued in 2003 (Blue Paper).

It contains a fee of £30.

 

I've also found receipts of payments I made after being in court. It all brings the balance to what's included in the R&R letter.

 

Can this help to know if the debt is still enforceable?

 

I haven't contacted the council because I wanted first to look through my papers and see if I had some records.

 

Thanks for your help.

[dx100uk]

if they got a liability order within 6yrs of the CTAX debt, then sadly its still live

 

 

LO's do not expire

 

 

dx

[Bailiff Advice]

This is just a little update.

I have found some information about the issue in my council tax saved documents.

 

I've found the court Summons For Non-Payment issued in 2003 (Blue Paper).

It contains a fee of £30.

 

I've also found receipts of payments I made after being in court. It all brings the balance to what's included in the R&R letter.

 

Can this help to know if the debt is still enforceable?

 

I haven't contacted the council because I wanted first to look through my papers and see if I had some records.

 

Thanks for your help.

 

Your above response answers some of the questions that I asked in my post number 6 but it is vitally important to get answers to the other questions concerning whether any previous bailiff enforcement had been involved and most importantly.....what previous fees had been applied.

 

The matter of the previous fees is crucial as it will almost certainly be the case that this account come under the 'transitional' regulations. The local authority must provide this information to you.

[websolutions]

Your above response answers some of the questions that I asked in my post number 6 but it is vitally important to get answers to the other questions concerning whether any previous bailiff enforcement had been involved and most importantly.....what previous fees had been applied.

 

The matter of the previous fees is crucial as it will almost certainly be the case that this account come under the 'transitional' regulations. The local authority must provide this information to you.

-

Hi Bailiff Advice,

 

Sorry for asking this:

 

The amount requested in the R&R letter is exactly the same as the one due after discounting the payments I had made towards the bill after being in court.

So, as far as I can see, the only fee included in the requested amount is that of £30, which was already on the Summons.

 

If they did ask a LO, would they have added a fee to the balance?