Unpaid council tax Problems

[dawnlougib]

Thank you Pixie and yes one of the debts is council tax how can this be sorted as it was 5 years ago?

[Pixie]

Re: unpaid payday loans

Council Tax arrears are one of the debts you can't ignore and hope it will go away. I'm not sure if they can become statute barred or not but I will check. When was the last time she received a letter about it and who was it from?

[dawnlougib]

Re: unpaid payday loans

About a year ago and it was from Redditch Borough Council

[Pixie]

Re: unpaid payday loans

So it hasn't been passed to a dca. Maybe she should write to them and offer an affordable payment plan (though I'm no expert on council tax arrears)

[PlanB]

Re: unpaid payday loans

one of the debts is council tax how can this be sorted as it was 5 years ago?

Do you know if the council has already got a liability order for this council tax debt? They normally do this automatically once the debt occurs to protect their position. If they haven't already done that then your sister should keep her head down because they can't get a liability order once six years has gone by.

However if they already have the liability order then I'm afraid they can deduct the money owed from benefits or send in the bailiffs and those costs are also recoverable from the debtor. I wish I could say something more cheerful but I can't because local authorities are ruthless in their collection of unpaid council tax.

About a year ago and it was from Redditch Borough Council

What did the council say when they contacted her a year ago? Has the debt been passed to bailiffs?

Here's some information which explains this http://england.shelter.org.uk/get_ad...il_tax_arrears

[dawnlougib]

Re: unpaid payday loans

If there is a ccj against her for the council tax then this would of occured a few years in approx 2009 back when it wasn't paid so what will be happening now also can they send baliffs in to a house where she lives but owns nothing in it?

[Undercover Elsa]

Re: Unpaid council tax CCJ

Hi Dawn,
Have a read of the link which PlanB gave you in the post above.
Councils don't usually do CCJ's for Council Tax, instead they usually apply to the Magistrates Court for a Liability Order. The magistrates rubber stamp Liability Orders through in bulk for the Council, from what I've heard.

It's important that you find their last letter and let us know what it says. If it was just a general threat mentioning bailiffs etc then you may be lucky as if a Liability Order wasn't issued then after 6 years there's nothing they can do. If a Liability Order WAS issued it doesn't become time barred.

In answer to your question above, no, the bailiffs can NOT take anything that doesn't belong to the debtor. Even once bailiffs have become involved it is still possible to contact the council, and agree an affordable repayment plan. They would then call off the Bailiffs.

This happened to my son, they eventually traced him for a C Tax debt from student digs. Even though he'd (foolishly) paid his share to the other flat member, he pocketed it and CT arrears built up. Although my son wasn't listed on the bill he was counted as liable. When he eventually got the letter saying a Liability Order had been issued several years before he just wrote to the council, stated his case and agreed a monthly repayment. They then cancelled the bailiffs.

In your circumstances however, if nothing has been heard from them for 5 years, if it was me I would be letting sleeping dogs lie. If they do locate the new address they will no doubt write first, at which point you can negotiate payments.

Do try and find that letter from 5 years ago and let us know exactly what it says. If anything else turns up from them let us know straight away.

Elsa x

[PlanB]

Re: unpaid payday loans

If there is a ccj against her for the council tax then this would of occured a few years in approx 2009 back when it wasn't paid so what will be happening now also can they send baliffs in to a house where she lives but owns nothing in it?

Is she named on the council tax account where she is currently living and is that also in Redditch Borough Council?

[Never-In-Doubt]

Re: Unpaid council tax CCJ

Ermmm I think there is some confusion here!

1. A CCJ CANNOT be issued for council tax. It's impossible; council TAX is just that - a tax. Therefore it falls under criminal law which therefore falls under the Magistrates Courts. A CCJ is a civil law matter and thus goes via county courts.

2. A council should not go to the magistrates’ court and ask for a liability order for council tax, more than six years after the council tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992. The cause of action (when the limitation period starts running) for council tax, is when the council first sent a bill to you. Unreasonable delays in sending bills could be grounds for making a complaint to the council and, if unresolved, the Local Government Ombudsman. If no Liability Order was issued (6yrs) then SB may occur.

3. Council Tax recoveries is set by Statute. The councils ALL follow the same process, as detailed below.

THE ARREARS PROCESS

STEP 1.
First Reminder - If an instalment is not received by the due date, a reminder notice will be issued for the overdue instalment(s). If the instalment(s) remain unpaid after seven days, the remainder of the year's charge becomes due (this amount is detailed on the reminder notice) and must be paid in full. Failure to pay the whole amount due will result in the issue of a summons.

STEP 2.
Second Reminder - If the instalment on the first reminder is paid within the 7 days limit, you may continue to pay under the original payment scheme. If a further instalment is not received by the due date, a further reminder notice will be sent. If the instalment(s) remain unpaid after seven days, the remainder of the year's charge becomes due (this amount is detailed on the reminder notice) and must be paid in full. Failure to pay the whole amount due will result in the issue of a summons.

STEP 3.
Final Notice - If the instalment on the second reminder is paid within the 7 days limit, you may again continue to pay under the original payment scheme. If a further instalment is not received by the due date you will lose the right to pay by instalments and a final notice for the remainder of the year's charge will be sent. Failure to pay the whole amount due will result in the issue of a summons.

STEP 4.
Failure to comply with the above notices will result in the issue of a summons for the balance outstanding for the remainder of the year plus costs. If these amounts are not paid in full, the Council will apply to the Magistrates for a Liability Order, which will again result in further costs being added to your account. The Liability Order gives the Council the power to request details of your income and obtain payment of the outstanding debt and costs in several ways including enforcement such as bailiffs / AoE's etc etc

[Never-In-Doubt]

Re: Unpaid council tax Problems

Thread renamed as a CCJ is impossible.