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10 year old Council Tax Debt

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  • 10 year old Council Tax Debt

    Good evening all,

    I hope some kind soul on here can advise me. My local council suddenly 3 weeks ago sent me an outstanding bill for Council Tax dating back to 2003. Obviously I have no way of checking what's what as I have no records dating back to then. I do remember that around that time I was quite ill and spent a lot of time in and out of hospital. All benefits I applied for at that time were a mess and the Council screwed up so badly on my housing benefit that I was nearly evicted. Anyway, I think it's probably useless fighting this and contacted them asking to pay in instalments. They duly sent me an Income and Expenditure Form, which I completed and returned, with an offer of £25 per month. It really is all about I can afford.

    Lo and behold, today I receive a response saying "the arrangment" (I didn't arrange anything as far as I can tell) is for £160 per month with the first payment to be made by 7th June!. They say they have disregarded a large proportion of my outgoings as they are not priorities, Credit cards, loan, pet insurance, mobile etc. I explained that I couldn't just stop paying them as then my credit rating would go to pot and I'd end up in further debt probably with charges added. The vulture on the other end of the phone said there's nothing I can do, it's £160 and that's that. Is this correct?

    I'm at a loss as to why this debt has appeared now, I've been paying council tax to the same council now for the past five years and also why it's suddenly so urgent I pay it that they are prepared to throw me into debt to get their money.

    Many thanks in advance for any responses.
    Tags: None

  • #2
    Re: 10 year old Council Tax Debt

    The bill is for £460.90 but I paid £46.90 last week so there is £400 outstanding.

    Comment


    • #3
      Re: 10 year old Council Tax Debt

      You need to put them to strict proof the debt exists - otherwise i could turn round and say you owe me £100 for writing this. You need to speak to someone at the Council and ask the following questions:
      1 - how many Liability Orders they have against you
      2 - the dates they were obtained
      3 - the addresses they were for
      4 - the period of time each covers
      5 - how much each one was for
      6 - how much is still outstanding
      7 - the dates they were passed on for enforcement
      8 - the dates & amounts of any payments

      Providing the Liability Order was obtained within 6 years of it being due then it will never be Statute Barred.

      Comment


      • #4
        Re: 10 year old Council Tax Debt

        Originally posted by FrillyFrog View Post
        Lo and behold, today I receive a response saying "the arrangment" (I didn't arrange anything as far as I can tell) is for £160 per month with the first payment to be made by 7th June!. They say they have disregarded a large proportion of my outgoings as they are not priorities, Credit cards, loan, pet insurance, mobile etc. I explained that I couldn't just stop paying them as then my credit rating would go to pot and I'd end up in further debt probably with charges added. The vulture on the other end of the phone said there's nothing I can do, it's £160 and that's that. Is this correct?

        I'm at a loss as to why this debt has appeared now, I've been paying council tax to the same council now for the past five years and also why it's suddenly so urgent I pay it that they are prepared to throw me into debt to get their money.

        Many thanks in advance for any responses.
        Unfortunately they are correct about disregarding your Credit card bills as they are not seen as a priority debt and can be reduced to the bare minimum - what happens to your credit record does not concern them. In my view you have done the correct thing in making a payment whilst you find out whether you do actually owe this. If it turns out you do have to pay then I would suggest pay the Council direct at a rate you can afford and at a time you can manage - £5 every Thursday would be a good idea. This quickly builds a payment history and could make life difficult should they take things further.

        Comment


        • #5
          Re: 10 year old Council Tax Debt

          Thanks for this. Say I pay £5 every Thursday as suggested would they still be able to take me back to court? What will happen if I don't (I can't) pay this £160 before 7th June?

          I don't think fighting it is any good as I have nothing to back up anything I say. I spent a large part of that year in and out of hospital and my finances ended up in a right mess which I've only just about got straight now. I just don't fancy a bad record again when it's taken me so long to get here.

          Comment


          • #6
            Re: 10 year old Council Tax Debt

            Originally posted by FrillyFrog View Post
            Thanks for this. Say I pay £5 every Thursday as suggested would they still be able to take me back to court? What will happen if I don't (I can't) pay this £160 before 7th June? Well they could seeing as you have already filled in I&E which shows some payments that could be dropped or dispensed with until this is paid - not being funny but @ £160 it's only 3 months max. By the time they apply for another hearing even at £5 per week you will have paid a bit more off + you are showing willingness to pay.

            I don't think fighting it is any good as I have nothing to back up anything I say. I spent a large part of that year in and out of hospital and my finances ended up in a right mess which I've only just about got straight now. I just don't fancy a bad record again when it's taken me so long to get here.
            I would still make them prove it. There have been many in the past who have been told that an entry exists in the Council records but when asked to prove it they cannot. Don't just take their word for it.

            Comment


            • #7
              Re: 10 year old Council Tax Debt

              I will ask them for the details. I've still no idea where I'm going to get £160 from in the next week though. I've just paid another £10 online.

              Comment


              • #8
                Re: 10 year old Council Tax Debt

                Honestly don't panic, you are in the driving seat and showing willing, just make sure you keep your payments going.

                Comment


                • #9
                  Re: 10 year old Council Tax Debt

                  Ok, I'm trying not to panic...honest....

                  Can I just say "I hate Trafford Borough Council". Their staff appear to be sub-human and devoid of rational thought process.

                  Comment


                  • #10
                    Re: 10 year old Council Tax Debt

                    Hi Frilly Frog,

                    Ploddertom has given excellent advice above. You must make sure they are put to strict proof over this, and as long as you are paying something they cannot accuse you of willfully not paying.

                    The only other thing I'd be interested in is the Income and Expenditure form they sent you. Often organisations put headings on these to favour themselves, rather than being totally impartial. If you pm me, I might be able to help you check that as long as you have a copy of what you sent.

                    Comment


                    • #11
                      Re: 10 year old Council Tax Debt

                      I have asked them to provide the details Plodderton suggested in his post above.

                      I've had a further reponse from them today saying "as a gesture of goodwill" they will reduce payments to £130 per month. This is still too much.

                      Whilst I am waiting on the proof as requested, should I continue to make payments?

                      Labman, I have it on my work computer. When I am back in next week, I shall PM you.

                      Thanks all.

                      Comment


                      • #12
                        Re: 10 year old Council Tax Debt

                        I have just received this email from them when I asked the questions you did Plodderton:-

                        "Dear FrillyFrog

                        Thank you for your e-mail as below.

                        A liability order was obtained for the property (address inserted) for the council tax year 2003/04 which covers 01/04/2003-30/11/2003 the date you vacated. (We were only alerted to the fact that you had moved by the successive tenant who contacted us on 13/02/2004. The agents confirmed your move date to us.) This was obtained on 17/09/2003 for £673.84. There is £390.00 outstanding.

                        The account was passed to Phoenix the bailiff on 11/12/2003 and subsequently returned by them 20/09/2004, unable to collect.

                        An Attachment of Earnings Order was then applied 13/05/2005 to ******* (a company I only worked for for a short time)

                        To date there have been 3 payments applied to this account totalling £78.90, £22.00 paid to the bailiff on 08/06/2004, £46.90 paid via debit card 20/05/2013 and £10.00 paid 28/05/2013.

                        Please find the attached copy bill for your information."



                        They have attached the bill. Next step please?





                        Comment


                        • #13
                          Re: 10 year old Council Tax Debt

                          Keep paying as much as you can comfortably afford regular as clockwork each week direct to the council. Remember they cannot have what you haven't got.

                          Comment


                          • #14
                            Re: 10 year old Council Tax Debt

                            Can they return it to the Bailiff's? TBC are a real hardline council and take no prisoners.

                            Comment


                            • #15
                              Re: 10 year old Council Tax Debt

                              Originally posted by FrillyFrog View Post
                              TBC ... take no prisoners.
                              Does that mean they won't try to get you gaoled?

                              Comment

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