How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5590
Experience:  Solicitor
Type Your Law Question Here...
Jamie-Law is online now

I have a NNDR (Non Domestic Rates) bill from 1997 that

Resolved Question:

I have a NNDR (Non Domestic Rates) bill from 1997 that Lambeth have been chasing me for last couple of years. Although they say a LO was issued they of course cannot produce one. I claimed that the Limitation Act applied as they had no proof of debt. The law concerning Councils need to supply LO was repealed in 2003 but this was after my debt occurred. I thought that although the debt is live it cannot be enforced and yet they have had an application at Camberwell MC to call me to Court by Warrant - have the Council broken the law by Court enforcement
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you.

Have you filed any evidence in relation to their application?

Customer: replied 11 months ago.
I have asked them to provide proof of debt - Liability Order - which of course they cannot - they are still saying the debt is live but they are using the Court to enforce which I thought was illegal
Expert:  Jamie-Law replied 11 months ago.

well they can only enforce if they have a liability order.

As you say at the time in 1997 it could be statute barred. That means if would have expired in 2001

Laws are not retrospective so if it became statute barred it can not become un-statute barred.

You need to submit evidence to challenge the legal basis for their application. I think it is flawed based on what you have said.

But you need to put the court on notice you intend to raise these arguments.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Apparently an NNDR cannot be statute barred however they admit they do not have a Liability Order - my question is whether the Council have broken the law by applying for an application for a warrant for my arrest for non payment - I believe that even if the debt is live then they cannot enforce by Court action after this time?
Expert:  Jamie-Law replied 11 months ago.

Have they broken the law - no. But you could argue its an abuse of process.

Does that clarify?

Customer: replied 11 months ago.
Is there any value in having the 30 min call on this case ?
Expert:  Jamie-Law replied 11 months ago.

its a matter for you, I would be only too pleased to call you.

It is an extra cost, do you know that?

Customer: replied 11 months ago.
I know - that is the purpose of my question - there is no point unless you have information that I can put before Court in my defence regarding the validity of this old debt
Customer: replied 11 months ago.
If you have a strategy I will gladly pay
Expert:  Jamie-Law replied 11 months ago.

It's an abuse of process. That is your legal argument. If you google search this subject, it is well discussed.

It's an abuse because they do not have a liability order or can't provide it. Without this it can't be enforced.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thanks for your time - I will give you a good rating
Expert:  Jamie-Law replied 11 months ago.

thanks. All the best.