10 year old Council Tax Debt

**FrillyFrog** · 28th May 2013, 19:29:PM

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.

**ploddertom** · 28th May 2013, 19:38:PM

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.

**ploddertom** · 28th May 2013, 19:44:PM

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.

**FrillyFrog** · 28th May 2013, 19:56:PM

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.

**ploddertom** · 28th May 2013, 20:11:PM

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.

**FrillyFrog** · 28th May 2013, 20:19:PM

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.

**ploddertom** · 28th May 2013, 20:22:PM

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.

**FrillyFrog** · 28th May 2013, 20:30:PM

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.

**labman** · 29th May 2013, 01:56:AM

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.

**FrillyFrog** · 30th May 2013, 10:04:AM

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.

**FrillyFrog** · 30th May 2013, 12:59:PM

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?

**labman** · 30th May 2013, 13:07:PM

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.

**FrillyFrog** · 30th May 2013, 13:10:PM

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.

**CleverClogs** · 30th May 2013, 13:49:PM

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?

10 year old Council Tax Debt

10 year old Council Tax Debt

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