Council tax debt over 7 years statute barred letter

Last post Tue, Jun 26 2012, 12:32 PM by huckster. 3 replies.
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  •  Tue, Jun 26 2012, 12:32 PM

    Re: Council tax debt over 7 years statute barred letter

    There are different laws/rules in Scotland.

    In England/Wales, the info in my earlier post is the case everywhere. Just write back quoting the information, asking them to prove the debt exists and is still enforceable.

    • Post Points: 5
  •  Tue, Jun 26 2012, 10:21 AM

    Re: Council tax debt over 7 years statute barred letter

    Does this depend on the area you live in? I received a letter off the council Friday saying I under paid in 2002/2003 and that I did not pay at all from 1st April 2004-Nov 2004(I had heard nothing from them during this time). I was given a mortgage in Sept 2004 and would not have risked not paying and ruining my chances of getting my mortgage. I told them I did not believe I owed them the money and that surely they would have contacted me at some point over last 8 years as they could see I had not missed a payment since and they said they could not find me? I am very confused as to how and they said all they could think was that I had used my first name at new address and only my initial in old address. It was not a court letter it was just a bill from the local council tax department and have been trying to prove that I paid but don't think I kept cheque stubs from 8 years ago if I am honest.
    • Post Points: 20
  •  Thu, Jun 21 2012, 7:39 PM

    Re: Council tax debt over 7 years statute barred letter

    There is no such letter. But just send them the information.

    Council Tax is subject to its own limitation period under reg 34(3) Council Tax (Administration & Enforcement) Regs 1992. The local authority may not apply for a liability order after 'the period of six years beginning with the day it becomes due'.

    The 6 years runs from when the demand for payment is served on the taxpayer (Regentford v Thanet District Council [2004] EWCH 246). Under reg19 the local authority should serve a demand on a liable person 'on or as soon as practicable after the day the billing authority first sets the amount of council tax for the relevant year'.

    Advise them that if they wish to pursue this, that they must give you adequate notice, as you will wish to ask the magistrates to refuse to issue the liability order.

    • Post Points: 20
  •  Thu, Jun 21 2012, 6:18 PM

    Council tax debt over 7 years statute barred letter

    Hi guys

    Hope you can help.

    A family member has had a council tax bill for a property over 7 years. I understand that as long as a court order has not been obtained it would be statute barred.

    I am looking for a template letter to send to the council that is to advise that the council tax debt is statute barred but I can only find the unsecured debt statute barred letter.

    Can anyone let me know what to add to the standard statute barred letter or tell me what to write.

    • Post Points: 20