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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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council tax questionI married in December 1997 before the

Customer Question

council tax question
I married in December 1997 before the marriage I was a full time student with a 9 year old
daughter and I did not claim any benefits. My husband had a business which went into liquidation before the marriage and I was supportive to him. We did not live together before the marriage and we had very little money. I was entitled to 25 per cent council tax discount. The big mistake I made was not telling the council that I had married and that my husband lived with me in my property (I am the house owner) He was trying to build up another business from scratch and things where difficult I was the only one who brought any money from my student grant into the house I really could not have paid the council tax in full at that time. However,I qualified and managed to secure a job with a reasonable salary. It got worse husband and his second business also failed. I paid the council tax in full from 2006 to present. I secured this by telling the council that my daughter by that time was aged 23 years, had left university and was resident. I did not tell them my husband lived in the property or my name had changed due to marriage. I thought if I told about my daughter it would be alright and I could then pay the correct amount. However, they sent me forms university to confirm she had been a full time student I completed them and returned them by post. I have photocopies. I really regret this and was not comfortable over the years I estimate I owe the council approx.£7,500 which I would not have been able to pay in 2006
If I contact them and speak to them will they prosecute me. I am really worried. The only benefit my husband claims and he is entitled to are state pension and disability living allowance. I know I should have got advice many years ago however, I did not think about it. My husband is not a worrier I am. The council have not no knowledge of this and although we pay full council tax my husband is not registered. what do you think
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : To be clear you have paid correct from 2006?
JACUSTOMER-eurrobr0- :

yes

Alex Watts : Ok. Then I would not worry about it.
Alex Watts : If you are paying full council tax now and it's been almost 9 years the council are unlikely to find out about it.
Alex Watts : You could contact them and make a voluntary payment and it's possible, although unlikely they would prosecute.
Alex Watts : But you have been paying correct since 2006 and if they suspected anything they would have acted earlier.
Alex Watts : So it's highly unlikely they know and would ever find out.
Alex Watts : that should put your mind at rest
Alex Watts : Can I clairfy anything about this today please?
JACUSTOMER-eurrobr0- :

Dear Alex

JACUSTOMER-eurrobr0- :

Thank you replying

JACUSTOMER-eurrobr0- :

however,I have my name before marriage on the council tax records

JACUSTOMER-eurrobr0- :

and this is worrying me

Alex Watts : Don't worry about this.
Alex Watts : Its been 9 years. If they knew they would sure to have dome something before you.
Alex Watts : know
Alex Watts : By all means disclose it if you wish and pay up, if that would give you a clear mind
Alex Watts : But with the passage of time, they are unlikely to find out now.
Alex Watts : Does that help?
JACUSTOMER-eurrobr0- :

I would like my name on correctly as far as I am aware the council is planning data matching in 2015 please reply as soon as possible

Alex Watts : Sure. There is nothing stopping you from doing this. You can do this now just call and amend the name.
Alex Watts : there is nothing wrong with this.
Alex Watts : Does that clarify?
Alex Watts : In any event any debt owed is statue barred after 6 years, so you wouldn't owe it.
JACUSTOMER-eurrobr0- :

dear alex

Alex Watts : Yes?
JACUSTOMER-eurrobr0- :

Is it 6 years in scotland

Alex Watts : 5 years Scotland, 6 years England and wales
JACUSTOMER-eurrobr0- :

will they ask marriagr certificate change

Alex Watts : Unlikely.
Alex Watts : They don't ask certificates when you first register
Alex Watts : You just ask to change your name on the bill
Alex Watts : Does that help?
JACUSTOMER-eurrobr0- :

I am sorry to be a pest

Alex Watts : Sure.
Alex Watts : Can I clarify anything else ?
JACUSTOMER-eurrobr0- :

I want to apply travel card as I will be 60 year old in August 2015

Alex Watts : Ok.
JACUSTOMER-eurrobr0- :

and I think nec card checks your identity and everything is checked through and issued by the local council.

Alex Watts : but again any overpsyment was 9 years ago.
Alex Watts : The council are highly unlikely to do anything given the age and given the fact you have been paying correct since 2006
JACUSTOMER-eurrobr0- :

are local councilsnot cash strapped and wanting to recover mony owing

JACUSTOMER-eurrobr0- :

and does not the electrol role check identities with data matching

Alex Watts : Sure, but it's statue barred.
Alex Watts : I really would not be concerned about what happened 9 years ago.
Alex Watts : Declare it if you wish but you will have to pay those sums back
Alex Watts : You may sleep easier if you do.
JACUSTOMER-eurrobr0- :

what about the university forms daughter will they still have them

Alex Watts : I can't say, they may as they only need to hold documents to 6 years.
Alex Watts : But don't worry simply amend the name on the bill.
Alex Watts : Does that clairfy?
JACUSTOMER-eurrobr0- :

Dear Alex

JACUSTOMER-eurrobr0- :

the Scottish government only after September 2014 and all the carry on with the electrol role in Scotland only just aurothised that the poll tax would not be perused and that was 1993 that iswhat isworrying me

JACUSTOMER-eurrobr0- :

if it is time barred at 6 years why is this

JACUSTOMER-eurrobr0- :

and are you sure 6 years applies to council taz

JACUSTOMER-eurrobr0- :

want to be absolutely sure before I contact the council

Alex Watts : 5 years applies to council tax yes.
Alex Watts : Does that help?
JACUSTOMER-eurrobr0- :

what about the different surnames husband and me

JACUSTOMER-eurrobr0- :

and what about the data matching in april 2015

JACUSTOMER-eurrobr0- :

I am registered and known as a different surname on everything else accept council tax and electrol role. with data matching they check with hrmc doctors records and and match to see if you are getting other benefits I am not worried about that because we are claiming nothing

JACUSTOMER-eurrobr0- :

only surnames are ***** ***** my husband is registered on electrol role but not tax and I am on role but not in my married name council tax and electrol role match my husband is on the electrol role in his name.

JACUSTOMER-eurrobr0- :

read on line that you need proof of name change role and tax and almost everything these days.

Alex Watts :

They are unlikely to make those sort of checks as it will be obvious that was your previous name etc.

Alex Watts :

You really dont need to worry.

Alex Watts :

If you are concerned, disclose the fact and pay back the £7500

Alex Watts :

But as its been so long the debt is time barred anyway

Alex Watts :

Its time barred - does that help?

JACUSTOMER-eurrobr0- :

yes it does thamks

JACUSTOMER-eurrobr0- :

one more thing why does the banks ask certificates changes

JACUSTOMER-eurrobr0- :

and not anyone else

Alex Watts :

The banks do because of money laundering regulations.

Alex Watts :

If this answers your question today can I ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-eurrobr0- :

alex

JACUSTOMER-eurrobr0- :

I am sorry to be so persistant

JACUSTOMER-eurrobr0- :

I recognised that you are a professional

JACUSTOMER-eurrobr0- :

This is really worrying me

JACUSTOMER-eurrobr0- :

If you are really certain that the 5 year limitation in Scotland means that the council cannot persue this then I will finish

JACUSTOMER-eurrobr0- :

34(3) of thecouncil and enforcement regulation act 1992 the council should not appl liability order if more than 6 years havepassed since thr application became due so if they don't already have one they are too late t appy

JACUSTOMER-eurrobr0- :

is what you mean

JACUSTOMER-eurrobr0- :

the internet is a great thing

JACUSTOMER-eurrobr0- :

but not always correct

JACUSTOMER-eurrobr0- :

I read somewhere that in Scotland this act has been changed and it is now20 years they can try and get the tax back same tax

Alex Watts : This is not a tax as such. Limitation is 5 years.
Alex Watts : But if you are having sleepless nights, pay it. If the council haven't found out now, they are unlikely to have
Alex Watts : But as you said the council are too late to apply liability ordrtl
Alex Watts : liability order
Alex Watts : So it's too old. They can't do it now.
Alex Watts : The debt is 9 years old
Alex Watts : Does that clsrify
JACUSTOMER-eurrobr0- :

dear alex

JACUSTOMER-eurrobr0- :

why is the poll tax only now being written off in Scotland when it ended in 1993 22 years ago and not 5 years since monies ended

JACUSTOMER-eurrobr0- :

I would appreciate a second opinion

JACUSTOMER-eurrobr0- :

and if they agree I will mark you as excellent

JACUSTOMER-eurrobr0- :

not signing off as yet

JACUSTOMER-eurrobr0- :

I know they don't know about it however, the change of name will let them know

Alex Watts :

Its Council tax. Its 5 years as per the Limitation Act 1980

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Alex

I know you have told me that council tax is statute barred after 5 yrs in

Scotland by the limitations act 1980

however, in Scotland is the presciptions act 1973 not used and is council tax not statute barred after 20 years read this on debt line

Expert:  Ash replied 2 years ago.
I will check, but regardless the council don't know. They would have done something before now so don't worry.
Alex
Customer: replied 2 years ago.

dear Alex

will you please answer my question I am waiting reply

does the prescription limitation act 1973 in Scotland 20 years tax recovery or 5 years as per limitations act 1980 England and wales

you have said you will check

try debt line and tell me what you think they say 1973 is used in Scotland and is 5 years apart from council tax which is 20 years

Expert:  Ash replied 2 years ago.
That is not right, it is only where it applies to land itself, Ie by a deed. That does not apply here.
Alex
Customer: replied 2 years ago.

dear alex

would you please ask a colleague if they agree

that 20 years limitation in Scotland is not the normal

MSP ***** ***** tried to change it in the Scottish parlament

in 2010 and it was dissolved . He wanted to make council tax statutary after 5 years and not 20

Expert:  Ash replied 2 years ago.
I will do so.
Alex
Customer: replied 2 years ago.

dear alex

I cannot read the answer from your colleague

as it is not in english

msp ***** ***** tried to get council tax time barred to 5 years

he was not successful. The new act 1915 is tax

could you clarify if this is correct and is council tax not poll tax 20 years or 5 years statute barred

if your colleague answers can it please be in english

Customer: replied 2 years ago.

wrong information Scottish solicitor told me today that it is 20 years statute barred tax iscotland not 5 years scots law is different

could have acted on this wrong advice

if it is not to be taken seriously and not acted upon what is the point in just answer I want my money back

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