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Original poster

Please help - bailiff has visited regarding unpaid council tax from 2005

72 replies

counciltaxdebt · 05/10/2013 00:16

Hi. I'm very worried about this.

From August 2004 to July 2005 I rented a one bedroom flat. As far as I was concerned I had met all bills. I moved out in July of 2005 as I had bought my own home.

I have had a hand delivered letter today with "first name - please call me" handwritten on it and it is regarding a debt I apparently owe from 2005 so over eight years ago now - it is dated 20/06/2005.

The amount due is £292.00 - there is absolutely no way I owe this much. According to the letter they have attended with the intention of seizing my goods and chattels as are necessary to discharge the above debt.

The point is I have hardly been in hiding over eight years - I have been in this country, on the electoral roll, have not changed my name. Why now?

I have no intention of paying this - I completely dispute I owe this - but I also know they won't just go away. I have no proof I do not owe it as eight years have gone by. I don't want to ring the council as I know from a past experience when I was in hospital and missed council tax they just say to ring the bailiffs and I don't want to do that.

Please help. I am very worried Sad

OP posts:
FreudiansSlipper · 05/10/2013 00:22

you will need to contact them and ask them for proof that you owe this much. if you do as to pay it off monthly

you may not have your paper work from 2005 but if paid by direct debit you will have that on record

sadly you will have to ring the council. sometimes mistakes are made and it is just in the system but why you have not received anything before now is strange and that is what you need to query

FreudiansSlipper · 05/10/2013 00:23

but please do not ignore it

it is easier at times to stick your head in the sand and hope the problem will go away but it won't

Original poster
counciltaxdebt · 05/10/2013 00:25

I doubt it will have been paid by direct debit at that time.

I think it is completely unreasonable to demand this from over eight years ago - bordering on insane - it has given me an awful shock! I know the council won't help. Is there free advice anywhere which will tell me my position legally?

Whether I owe it or not isn't the issue as far as I am concerned - I do not think that I do, but expecting me to know whether I do or do not eight years and four months later is absolutely crazy! Besides, it is dated June 2005. I moved out at the beginning of July - how could I owe nearly £300 from less than a month?

The more I think about it the more I am very angry about this.

OP posts:
Original poster
counciltaxdebt · 05/10/2013 00:26

Freudian, I am not ignoring it, that's why I am posting here, but I'm not paying it either. It's not as I missed it last year or something - it was eight years ago - that is absolutely preposterous to chase me now for services I haven't used for nearly a decade.

OP posts:
Sparklyblue · 05/10/2013 00:28

I didn't think companies could chase up debts that are more than 6 years old?

BreakOutTheKaraoke · 05/10/2013 00:30

I have a feeling the rules are different for council tax, Sparklyblue

FreudiansSlipper · 05/10/2013 00:36

i understand that i meant do not ignore the baliffs

you need to find out why they believe that you own them this money, it could be as simple as they had a date of you moving was wrong it was changed at that time as you became single, moved in with someone many reasons

the debt company will only have the debt passed on to them not the information of your debt

you could go to CAB unlikely to get an appointment straight away one call could clear this matter up (but likely to be more than one phone call)

Sparklyblue · 05/10/2013 00:37

news.payplan.com/2012/03/20/how-long-can-my-creditors-chase-me/

There you go. Hope this helps. It's called statue barred.

Chippednailvarnish · 05/10/2013 00:37

Try searching on the money saving expert website...

Sparklyblue · 05/10/2013 00:39

Oh yes sorry. Council Tax is indeed different.
Completely missed that bit Blush
Must go to bed, so tired.

Original poster
counciltaxdebt · 05/10/2013 00:46

Well, I've tried to email the council and can't Hmm

Freudian, none of the things you cite apply. I moved out and moved away from that particular council in July 2005. The council tax was paid in full.

It's just ridiculous chasing a debt now. If they'd been trying to get in touch for the past eight years that would be different, but they haven't. This came completely out of the blue and I am absolutely not paying it. I'm sure they would love to arrange a payment plan but I don't owe this money, I know I do not.

OP posts:
MrsCakesPremonition · 05/10/2013 00:51

You must speak to the council. Phone them in the morning and get them to send you all the details. Meanwhile call the bailiffs and tell them you are disputing the debt with the council.

BrokenSunglasses · 05/10/2013 00:51

Can you get your bank to show the transaction where you paid your council tax as proof that you didn't owe? It's got to be worth asking if they retain records that far back.

Original poster
counciltaxdebt · 05/10/2013 00:57

No, I've changed banks twice since then.

Look, it isn't an ordinary case of missed council tax - it's eight years ago!

I am not contacting the bailiffs. I will be harassed no end if I contact them - they will know I am contactable then. I have emailed the council and will wait and hear what they say. I'm pretty cross.

OP posts:
FreudiansSlipper · 05/10/2013 01:01

well tried to help good luck

MrsCakesPremonition · 05/10/2013 01:01

Even if you have changed banks, you will probably find that (so long as you can provide your account and sortcode numbers) your original bank may still be able to provide you with a statement for the period. It might be worth asking (once you've found if the council are sticking to their guns) although the bank will charge you for the service.

GobbySadcase · 05/10/2013 01:03

You do realise that it doesn't matter how old it is - these kinds of debts aren't ever statute barred. There can be legal ways to collect the debt, ultimately via arrest?

You need to take steps to prove you don't owe it.

garlicvampire · 05/10/2013 01:03

Most banks don't keep records past the 6 or 7 years. Statute of limitations again.

I bet it's an error. Some councils have started missing out all the middle parts of debt-chasing, going straight to the end! That's why there so many people in court about bedroom tax within six weeks of its being introduced - the councils had no right to indict them at that stage, but the poor residents didn't know they were bullshitting Angry

Just sit on it over the weekend. Ring them up Monday and be as rightfully indignant as you possibly can. Insist on proof. In your shoes, I'd also tell them I'd suffered anxiety attacks (would be true!) and was considering suing them. Follow it all up in writing. Remember this is the sort of thing MPs are good for, too.

Try and have a great weekend!

garlicvampire · 05/10/2013 01:06

You need to take steps to prove you don't owe it.

OK, I'm not a lawyer but I doubt this. It is surely the council's responsibility to prove she owes it.

Moreover, there's something weird about council tax - it's essentially a voluntary agreement, which can be rescinded. Sorry I can't recall where I was reading about this: Moneysavingexpert probably knows :)

MrsCakesPremonition · 05/10/2013 01:06

Gosh - I must have imagined writing one-off data searches going back over a decade. Silly me.

garlicvampire · 05/10/2013 01:12

Sounds like my bank couldn't be arsed to write a one-off data search for me, then, MrsCakes Grin

OliviaPope · 05/10/2013 01:24

This reply has been deleted

Message withdrawn at poster's request.

PrincessScrumpy · 05/10/2013 01:28

Why wouldn't it have been direct debit? That was the year dh and I moved in together and we certainly paid dd - never done it any other way. What dates are they actually Billing you for? Sorry i'm not clear.

I like the idea that you don't think it is important if you owe it or not you won't pay it because it's from 8 years ago. If you didn't pay it then you owe it. I would be finding out if their records were accurate. They'll know how the other payments were made so you can go from there.

MistressDeeCee · 05/10/2013 02:18

OP, once you hear from council contact them again and try to get them to take the debt back from the bailiff - they can do this, although if you are disputing what you owe, that can be an issue. However their records of monies owed are far likelier to be accurate, than the bailiffs. Emailing them is good but whilst awaiting a reply the bailiffs could return. Phoning is better.

Contact a money advice straight away, tell them your situation in full. Id rather do that, than speak to a bailiff direct. Theyll advise you, and some will actually deal with the matter for you and even speak to the bailiffs. . There are many online, these are a good place to start

www.nationaldebtline.co.uk/

Theres another called Step Change who are good.

If you have a car then dont leave it outside your house - the bailiffs will lift it. So youll have to park it elsewhere. Not around the corner, they look around very local streets too, happened to 2 of my neighbours in the past.

Council tax is a priority debt so you have to pay it. Rather than worry, get some advice - there is help out there. & at least its not 1000s so if you end up having to pay it off, it wont be as painful if you do monthly. An arrangement asap is the absolute main thing tho, before bailiffs start sticking charges on..before you know it, the bill doubles then trebles and you dont want that.

Original poster
counciltaxdebt · 05/10/2013 08:56

But I DON'T owe it!

I didn't use DDs then because my money came in on an as and when basis (studying and working through an agency.) I paid by cheque. I can't remember the exact amount - but it was around £800, something like £765 I think.

Look, I know about bailiffs. I had this incident before. I moved into a property, and within 2 weeks collapsed and was admitted to hospital. I was there for 3 months. I came out and had letters from bailiffs. I made the mistake of contacting them and all they kept saying was I had to pay it. Thankfully I was on full pay from work and I obviously hadn't spent much in hospital so I could do so. £1700. Disgusting.

So while I appreciate the bailiff advice I do know what will happen and where I stand.

I realise council tax is a priority debt but if it's such a priority why not contact me in 2006, or 2008 ... 2013?

Are any of you honestly saying you wouldn't be shocked if this happened to you? I am fuming!

OP posts:
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