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Can Council Tax be recovered in Scotland from 14yrs ago?

12
Found 9th Mar 2014
Hi my dad received a Council Tax letter demanding a payment of almost £800 for debt incurred at his previous address in the year 2000. This is almost 14 yrs old and after asking my dad he can't remember at any point not paying. My dad usually keeps receipts for payments but not back to 14yrs ago. It seems a little unrealistic that they expect my dad still to have receipts for these years. Can the council still chase us for this debt as they are threatening court action. My dad and I live in Scotland.

Any advice would be appreciated.

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  2. Scotland
12 Comments

unfortunately probably yes
although I'd ask them for all evidence they have relating to it
what would help too is if you can contact the bank to see if withdrawals correspond to amounts/dates of council tax

"However, unfortunately for you, the council has the upper hand regardless.

At first we thought that too much time had passed for it to chase the debt as unsecured debt in Scotland can become statute-barred after five years (six years in England and Wales), meaning it cannot be chased.

However, the case is different for council tax. Debt advice charity the Consumer Credit Counselling Service tells us that council tax is excluded from this five-year rule – again, unlike England and Wales, where it does become statute-barred. In Scotland, councils can pursue the debt for 20 years.

The council is entitled to recover any non-payment if the debt is still due – even if it made an error and closed the account before it was settled. Although the amount in this case is small, the CCCS says the council will always want to collect, and there is never any write-off.

At least you know the legal position now and should pay the debt as soon as possible."

theguardian.com/mon…tax

Yep they can, BUT im pretty sure after 6 years its not a court matter. And the council cannot take you to court.

However they will not stop chasing you, i could be wrong.

Best bet is consumeractiongroup.co.uk
Edited by: "J4GG4" 9th Mar 2014

J4GG4

Yep they can, BUT im pretty sure after 6 days its not a court matter. And … Yep they can, BUT im pretty sure after 6 days its not a court matter. And the council cannot take you to court.However they will not stop chasing you, i could be wrong.Best bet is http://www.consumeractiongroup.co.uk



6 days? Handy to know. I'll just go for a weeks holiday with my council tax money. Happy days.

The council can legally chase (until he dies) but your father can ask for it to be taken to court.

The courts may then remit the debt, either writing it off in whole or part.

Seems unreasonable to me

deeky

6 days? Handy to know. I'll just go for a weeks holiday with my council … 6 days? Handy to know. I'll just go for a weeks holiday with my council tax money. Happy days.



YEARS! trust you to spot that!

Not sure if the same laws apply in Scotland as they do in England, but if your father knowing withheld payment, then there is no limit to the time that they can go back and this will be upheld in court.
If they have made the error and he was not aware of this error, then the maximum they can reclaim is 7 years.
All depends on the law in Scotland.

That's why I always keep a cash book. I can look back to 30 years ago to see what payments I have made

daffers

That's why I always keep a cash book. I can look back to 30 years ago to … That's why I always keep a cash book. I can look back to 30 years ago to see what payments I have made


Yeah but £800 is probably a whole years council tax (in 2000).

I'm sure most of us would remember not paying.

just claim he was a labour councillor and refuse to pay it. the cronies will then let him off, as they probably haven't paid theirs either.
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