Requesting some advice...

[PanicGirl]

8 years ago (when I was still an irresponsible teenager and struggling with my mothers terminal illness followed by bereavement ) I left an address without clearing the Council Tax due, I have never heard anything since leaving the property although I did see a court summons whilst I was still there.

 

Flash foward and I am now a home owner who never misses a payment on anything, my Council Tax account is actually in credit each month as I always round my payments up however I have been racked with anxiety and panic for the last few years as I now understand the severity of an unpaid account.

 

I would be extremely grateful if some one could give me some guidance as I am torn between wanting to contact the council regarding this old account and panic attacks that I could be arrested for this unpaid amount.

 

From my vague memory the original balance could not have been anymore than around £600 as I did make some payments but could actually be less.

 

Please help!

[PanicGirl]

Bump!

[Guest Happy Contrails]

Has anyone contacted you about unpaid countil tax arrears? if not then I wouldn't worry about it.

 

In any event the law says the council must serve a document called a final notice before any enforcfement action can take place. Reg 33/34 of the Council Tax (Administration & Enforcement) Regulations 1992.

[ploddertom]

Obviously if you want to do the right thing you should contact the relevant Council and admit your crimes:D. No doubt it make take them a little while to dig your details up and I would imagine in view of the time that has elapsed they would want it paying immediately or they will pass it on for collection.

 

They may have been back to Court for a Committal hearing but would imagine given the circumstances at the time may just have to appear to explain why - but think this unlikely.

 

Was the Council Tax in your sole name? It will always be there and only you can make the decision to pay unless of course they do catch up eventually.

 

PT

[PanicGirl]

 

They may have been back to Court for a Committal hearing but would imagine given the circumstances at the time may just have to appear to explain why - but think this unlikely.

 

I'm not too sure what this paragraph means...could you explain?

 

Yes it is in was in my sole name...to be honest the last couple of years I've suffered from terrible anxiety and perhaps this amongst a couple of other things is a big cause...I really would like to get this off my mind but I'm so worried about what will happen:cry:

[PanicGirl]

Has anyone contacted you about unpaid countil tax arrears? if not then I wouldn't worry about it.

 

In any event the law says the council must serve a document called a final notice before any enforcfement action can take place. Reg 33/34 of the Council Tax (Administration & Enforcement) Regulations 1992.

 

 

Thank you for your response.

 

No I have never been contacted since leaving the property, but i didn't leave any forwarding address...would this make a difference?

 

Also I have paid council tax since forthe property which I bought with my partner over 5 years ago.

[ploddertom]

I'm not too sure what this paragraph means...could you explain?

 

Not 100% certain but in some cases the Council can go back to the Magistrates Court and ask for a Committal, in which case you could be brought before the Bench to explain why you have not paid, in the more serious cases you could be sent to prison but this is a last resort and does not happen very often. Please do not worry about this.

Yes it is in was in my sole name...to be honest the last couple of years I've suffered from terrible anxiety and perhaps this amongst a couple of other things is a big cause...I really would like to get this off my mind but I'm so worried about what will happen:cry:

I would imagine the worst that could happen is that someone may say:

"Thank you very much that will be £XXX smack yourself on the wrist for not doing it sooner"

 

 

PT

[Guest Happy Contrails]

This is all probably going to come to nothing.

 

The legal position is a council must apply for a liability order to legalise the debt and must do so before the debt is more than six years old. Once the liability order is granted then it stands for life - the Limitation Act 1980 no longer applies.

 

DO NOT telephone the council and NEVER admit the debt to anybody, otherwise the council can manufacture a liability based on your admission and start enforcement.

 

Just write a simple letter to the magistrate’s court nearest to the council in question, addressed to the Court Manager, and ask

 

 

Dear Sir,

 

Please tell me of any liability orders for unpaid council tax made against me in the last 10 years and provide copies of any orders made, or confirm there are no Liability Orders currently outstanding.

 

Yours Sincerely

 

If none and the council tax at your old property is more than six years old then you can sleep at night.

[PanicGirl]

ok, I need to bite the bullet and contact them and just hope that this is a mistake I can rectify without any scary proceedings - my partner thinks I'm bonkers when I talk about my fear of the consequences but the thought makes me feel sick!

[PanicGirl]

This is all probably going to come to nothing.

 

The legal position is a council must apply for a liability order to legalise the debt and must do so before the debt is more than six years old. Once the liability order is granted then it stands for life - the Limitation Act 1980 no longer applies.

 

DO NOT telephone the council and NEVER admit the debt to anybody, otherwise the council can manufacture a liability based on your admission and start enforcement.

 

Just write a simple letter to the magistrate’s court nearest to the council in question, addressed to the Court Manager, and ask

 

 

 

If none and the council tax at your old property is more than six years old then you can sleep at night.

 

Do you know what would happen if there is a liability order?

[Guest Happy Contrails]

If nothing has happened by now then nothing will. If the account is more than 6 years old and you have no liability order delivered to you then you are laughing. Section 33 of the regulations prevent any enforcement action anyway.

 

Im going to be honest with you now, you need to address your panic attacks problem with your doctor, having an old - and probably forgotten council tax debt is nothing to lose sleep over.

 

If there is a liability order then its probable a very old one and consigned to the metal container sitting on the floor on the corner of some office at the town hall. I seriously doubt there is a liability order anyway, so to clear you mind, just ask the court manager if there are any liability orders. If none then you can be pretty sure this council tax account isn’t going to raise its ugly head again.

[Guest Happy Contrails]

Do you know what would happen if there is a liability order?

 

Probably nothing. It would have happened long ago and when it was first applied for. If enforcement action has already teken place then the bailiff returned the debt to the council nulla bona - meaning - its unrecoverable and the council has binned it.

[PanicGirl]

Thank you so much for your help, I have seen the doctor previously for my anxiety and perhaps it is time for another visit!

 

I have terrible (and you may think ridiculous) images of a police officer turning up at the door but if this is unlikely then perhaps for the first time in a long time I'll sleep soundly tonight!

[Guest Happy Contrails]

Police have nothing to do with council tax enforcement. I think you have a phobia of debts or debt collectors turning up.

 

To be perfectly honest, just forget about it & let sleeping dogs lie.

[PanicGirl]

I will try ,honestly, you have given me great comfort...thank you

 

And yes I think perhaps I do plus combined with horror stories of people going to prison for non-payment of council tax I think maybe my imagination has added a slight distortion to the situation.

[Guest Happy Contrails]

Its probably all the government propaganda you see on British television. Adverts for DVLA/crush your car, TV License/vans going round neighbourhoods with radar guns, documentaries showing police smashing down doors etc.

 

British propaganda adverts like these are frequently satirised on TV shows in the Middle and Far East.

[PanicGirl]

I quite agree, for people such as myself who are essentially good people who work hard and do not commit crimes it can breed irrational worry over relatively insignificant matters - it's one thing for persistant offenders to be punished but quite another for people who lead honest lives to be terrified by overly harsh consequences!

[lucie1973]

hi panicgirl, listen to happy contrails he/she is talking a lot of sense, dont worry about something that has not happened although i do understand how you feel (my son has OCD) there are a lot of people on here to support you, they supported me and i got great results

[seanamarts]

If you really are that worried about it I suggest putting some money aside and if or when you do get something like a demand for it drop onto your door mat you can pay it straight away.

Like others have said you cannot go to prison unless you are stating that you are not going to pay.

[PanicGirl]

Thank you everyone, I feel an awful lot better since reading these posts - I just wish I had asked for some advice earlier but in honesty I was too embarrassed and ashamed - which is silly as I am 27 now and as I said this was when I was 18/19.

[seanamarts]

We all get in some sort of money problems at least once in our life times, its nothing to be ashamed about.

[lucie1973]

so true, if i still behaved like i did when i was 18 i wouldnt be where i am now lol

[PanicGirl]

Again, thank you all for your input - however I took a look at the regulation for enforcement mentioned previously and I noted that it states a warrant can be issued for your arrest, this really worries me.

[seanamarts]

this happens very rarely and its only for people who refuse to pay not for those who cannot

[PanicGirl]

I think that what worries me the most is that I simply left the address - I don't know what action was taken at the time and left no forwarding address