council tax 1998 and liability order

[postggj]

this problem is to do with my brother, not me

 

in 1998 my brother married and moved to a new address

the council was cherwell district, and is now northampton

last week he received a letter from cherwell district council saying £500 was outstanding from 1998

it also states in 2003 a liability order was granted

the dates quoted are correct

as far as he is concearned all payments were up to date

my questions are

 

1/ does the limitations act apply to council tax

2/ why was he not told of the liability order and given a chance to contest it

3/ why has it taken ten years for the council to contact him

4/ will the council have payment records for 10 years ago

 

they have told him to make contact asap or will be passed to baliffs

 

any ideas

[postggj]

bump

[Goldlady]

As far as I know council tax debt is not subject to the statute of limitations - I hope I am wrong:mad:. He really does need to contact them and ask for a statement of the account at the time. It seems unbelievable that they are chasing what is really quite a small amount after so long. They must be a bit skint methinks.

 

If he is adamant that he does not owe the money it might be worth involving his MP.

 

Not much help, but hopefully a start.

[postggj]

thanks for the reply

anybody else

[rory32]

1/ does the limitations act apply to council tax

This is not statute barred as they have obtained a liability order within the 6 years.

2/ why was he not told of the liability order and given a chance to contest it

There is no requirement for a debtor to be told that a liability order for council tax is being sought. The liability order is automatically granted, there is no opportunity to contest it.

3/ why has it taken ten years for the council to contact him

Who knows.

4/ will the council have payment records for 10 years ago

Well they certainly should have if they are trying to enforce an account from this period.

[postggj]

thanks rory

just seems odd that they are contacting him now after 10 years