Is Council Tax ever statute barred?

[Anyfin]

And if it is, is it within the normal 6 year time frame?

 

Thanks

[Filthy Monkey]

I believe (although I could be wrong!) that it depends on whether or not the local authority have obtained a liability order within the 6 year time limit. Have you received any communication from them about this?

[rory32]

I believe (although I could be wrong!) that it depends on whether or not the local authority have obtained a liability order within the 6 year time limit.

Completely correct. However I am not aware of a council allowing this to happen, it's normal practice for a council to obtain a liability order well within the 6 year limitation period.

[Anyfin]

I don't know all the details I'm afraid, I was asking on behalf of someone else.

 

I don't think they have ever received a liability order, but then I suppose that doesn't mean that there isn't one. They have moved around a lot in the past 8 years or so and now are finally in a position to put their heads above the parapet and pay debts off (all be it in relatively small payments). Would you advise that they go to the council and ask what is outstanding? If they do that, what are the chances of them getting a payment plan in place rather than being hit with bailiffs?

 

Thanks

[Filthy Monkey]

Completely correct. However I am not aware of a council allowing this to happen, it's normal practice for a council to obtain a liability order well within the 6 year limitation period.

 

 

Phew! So I'm not as daft as I look after all...

 

Anyfin, has anybody actually contacted your friend about the outstanding amount?

[Anyfin]

Filthy Monkey, I actually know the answer to that one!! The answer is no. She has moved around so much over the last few years, that I guess by the time it has registered with the council that she owes them, she's been off again.

 

She said around 5 years ago she did get a letter asking how she intended to pay the amount, but she was already in the process of moving again, so binned it.

 

I know she was really struggling with money at the time, she was working but not entitled to any help. Most of her money was being swallowed in childcare so that she could work. It's a crazy world.

 

I'm pleased to say now that she has a partner and things are really looking up for her. She wants to pay what she owes, but is frightened that if she does come forward, they will demand the entire amount, which she could never afford and she'll end up back at square one.

[Filthy Monkey]

Well, in that case, I would say that no news is good news. Under Regulation 34(3) of the Council Tax (Administration and Enforcement) Regulations, 1992, the council should not apply for a Liability Order if more than six years has passed since the application became due, so if they don't already have one, then they are too late to apply for one. However, if they have already obtained one, then checking up on it now may just be opening a can of worms. Personally, I would ignore it unless somebody actually starts asking for money, at which point you can ask for more advice.

[Anyfin]

Thanks for that, i'll pass the info on to her so she can decide what to do. I know next to nothing about council tax liability, so you can bet your bottom dollar i'll be back here if something pops up!

 

Thanks for your advice.