Just RECEIVED A COUNCIL TAX BILL FROM 2003 PLEASE HELP!!!

[BTW]

I have just received a CT demand dating back to 2003 from Harrow Council when I was in a rented accommodation. I had paid ALL the council tax for the time I stayed at the rented property.

 

I had received NO letters/final reminders from the council and received bailiff letter for the O/S amount.

I am worried because I have NO proof of the payments made. I was never in arrears for any bills at that address and had received no demand for council tax. The estate agents had contacted the council to ensure nothing was outstanding as was their policy. We had left our forwarding address with the council and the estate agent.

The letter from Newlyn Bailiff states: take formal notice. Magistrates liabilty order 10/12/2003 arrears from LBHarrow. delivered by hand...we have attended your premises to seize AND distrain your possessions to satisfy your CT arrears together with the cost of removal...

PLEASE HELP!!!!

Can I argue a case ie Statue Barred? There is no way I'll be able to get ANY paperwork dating that far back. I do know that all the payments were made.

[ploddertom]

Council Tax can never be Statute Barred providing the Council obtained a Liability Order within 6 years of it being due.

 

You will need to contact the Council and ask them:

1 - when the Liability Order was obtained

2 - how much it was for

3 - the period of time it covers

4 - the amount outstanding

5 - the date it was passed for enforcement

 

Out of those above No 3 is probably the most important as many times it has been proved the Council have obtained a Liability Order AFTER you have moved because their records are incorrect, they then charge to the end of the financial year. Whilst this is explored you should also ask them to put a muzzle on their dogs.

 

PT

[BTW]

THANK YOU PT. you are a life saver!

 

1 - when the Liability Order was obtained-According to the Bailif's note, the LO was made on the 10/12/2003 which means whist I was still living at the rented digs

2 - how much it was for . Have no idea as was never aware of the o/s amount/

3 - the period of time it covers from 21/08/2003 to 20/4/2004 excatly the period of the tenancy.

4 - the amount outstanding The demand is for nearly 400 pounds

5 - the date it was passed for enforcement looks like just now as i have never received any letters or final reminders although Council have my present new address

Why have I not been asked for this earlier? I know all payments were made in full.

help!

[ploddertom]

Don't believe the Bailiff get the correct info from the Council. From the dates you give above they would have to have 2 Liability Orders anyway. Liability Orders are granted for the periods 1 April - 31 March so any that go past these dates must refer to a different financial year. How did you pay your CT? If to the Council it suggests they may have allocated it to a different account. If to the Landlord or an Agent then unfortunately you may have a problem.

 

PT

[BTW]

Hi PT thank you SO much for your much needed motivation.

 

I will write to the council and ask them the list above that you have made. I paid the council by cash at all times.

If there was any gap in the payments, I will make the shortfall.

 

It is annoying that the council cant keep proper recording of payments. Is there any recourse which would allow me not to pay due to time length?

 

thank you again.

[ploddertom]

Hi PT thank you SO much for your much needed motivation.

 

I will write to the council and ask them the list above that you have made. Better & quicker by phone or in person although you should need to see/speak to someone in the Recoveries Dept. I paid the council by cash at all times. I assume you have no receipts/records going back this far - would the Agents still have notes.

If there was any gap in the payments, I will make the shortfall.

 

It is annoying that the council cant keep proper recording of payments. Is there any recourse which would allow me not to pay due to time length? No but you could ask that enforcement action is held off while you investigate.

 

thank you again.

 

PT

[ss002d6252]

Liability Orders are granted for the periods 1 April - 31 March so any that go past these dates must refer to a different financial year. H

 

A Liability Order can cover more than 1 year - if a period of covering more than 1 year was billed on one bill, e.g if a bill was issued now to cover the period from Jan last year then it would cover parts of 2 years. This could be covered by 1 Liability Order.