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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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I have received a demand for council tax going back to a judgement

Resolved Question:

I have received a demand for council tax going back to a judgement made in Nov. 2005.of which I was know nothing about. This was on the property which I live in until that time. I have lived in my present address since that time and have had no correspondence about this during this time. I am at a loss to Know what it is about.The amount is £881.01
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome my name is XXXXX XXXXX I will assist you.

Have the council threatened court proceedings?

Does all the tax relate to pre 2005?

Kind regards

AJ
Customer: replied 3 years ago.

Hi the letter says that they have a liability order dated 15/11/05, and if I do not pay within 14 days they will send in enforcement agents. I must assume that they are talking of a period prior to Nov. 05 as we have not lived in that area since then.


 


regards Peter

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

A council tax is payable under statute. If you look at s.9 of the limitation act 1980 any sums of money owed under a statute cannot be recovered after 6 years.

I would write to the council and ask them to confirm on what basis they still believe this money is due and owing.

Is this the first time you have had any demand for the money?

Kind regards

AJ
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi we have not had any demand for money, we were under the impression that all council tax was settled up when we moved in November 2005.


 


There were several problems with the people who purchased our property, as they did not inform the various service providers that they had moved into the property.


 


We dispute that we even owed any money, but as it is eight and a half years ago we no longer have any records that would back up our claim.


 


 


Regards Peter

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

I would write to the council and say as you have received no demand for the tax in the last 8 years you believe they are now statute barred from claiming the money.

Say you will report any bailiffs to the police for unlawful harassment under s.40 of the Administration of Justice Act 1970.

Have they just sent a demand or actually provided a copy of the original bill?

Kind regards

AJ
Customer: replied 3 years ago.

Hi, Thanks for your reply.Sorry Pete is on night shift.


I can tell you that they have just sent a demand, I received one too ( identical to my husband). There is no copy of the original bill or the Liability Order. They are also threatening an Enforcement Agent.


Regards


 


Marian ( spouse)


 

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

You have to lay a response out in writing say the following:
- they have provided no evidence of the claim for tax;
- in any event you believe the claim to be barred under the Limitations Act 1980 as it is more than 6 years old.

If they continue to chase you there is a Local Government Ombudsman you can complain to www.lgo.org.uk

If I can assist any further please do not hesitate to contact me.

Kind regards

AJ