Council conning customers

[pri01]

I recently received a notice from Liverpool city council telling me that I owed them £623 community charge from 1991. I have since learned that many people have received the same type of letters asking them to pay the amount owed or to contact them within 14 days. Oh and it has a handy income/outgoings statement for me to complete on the rverse of the letter asking for me to complete it and then make an offer to pay. The thing is, I don't owe the council any money and if I did I'm sure their beefy baliffs would have been to see me about the alleged debt. I plan to write to them about the fact that I don't owe them any money with a polite request for proof in terms of copies of letters they have sent me together with copies of reminders etc. However, even if I did owe this amount the debt would be 21 years old and therefore statute barred. I'm not sure what route will be best to follow and would be grateful for any ideas.

[ceylon]

yes its barred and sounds like they are fishing to see who is daft enough to pay up on something they dont owe

[pri01]

Thanks for that, I think they're trying to suck in as much money as they can before the financial year ends. If I write and remind them of this alleged debt being statute barred, do you think that will be enough to end the matter?

[ceylon]

they will probably test you out to see how much you know first

[pri01]

they will probably test you out to see how much you know first

Probably, but I think because it's a scam they'll be happy just to deal with those unfortunates who agree to pay.

In any case, I'll print off a copy of this government website information and include it with my letter which I'll send registered post..

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm28384.htm

[Powerdemon]

IHTM28384 - Law relating to debts: statute-barred debts
If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are

in simple contracts, 6 years
in contracts under seal, 12 years.
If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

These instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

Interesting

[pri01]

Got a reply today and it says as follows.

r-------------------------------------------------- ------
~Iiverool
~Dl ECT
~--"-~.;;...:....------ -----
Enquiries to :Corporate Debt Team
_Your r:ef- -:~bl' .;' t;!
Direct line :0151 225 3711
17th April 2012
Community Charge
Thank you for your letter of 04/04/2012.
I can confirm that your Community Charge accounts are not statute barred as Liability
Orders were granted on reference number •••••••• on 07/02/92 and on reference
number .••••• on16/06/93 and were granted within six years of the bill being due.
I can also advise that we do not hold copies of the Liability Orders and that the original
ones were sent to you at the time.
Please find below a detailed statement of your 1990/91,1991/92 and 1992/93
Community Charge accounts.Hiqhnqhted are all rebates paid, payments received and
costs incurred.

The letter is not even signed and includes a list of costs I've incurred from baliffs, liability orders etc.

I know I don't owe them any money as if I had done I would have made arrangements to pay as I would have wanted them off my back 20 years ago when I knew absolutely nothing.

If anyone could help me with the next step I would be very grateful.

[pri01]

I've scanned the letter but I'm not sure how to include it in my post.

[ceylon]

denial of access the bailiffs

they have not got the liability order so tell them to f##k off

this is metioned in this

http://www.youtube.com/watch?feature=pl ... LkfBoLB5nk

[pri01]

denial of access the bailiffs

they have not got the liability order so tell them to f##k off

this is metioned in this

http://www.youtube.com/watch?feature=pl ... LkfBoLB5nk

Thanks for this. I haven't been approached by baliffs, the council have just said that I owe the fees for bliff fees, summons issued and liability orders they say they made in relation to these 2 accounts. Accounts that I know nothing about that they say followed the legal process. I have issues with short term memory but I have red hot long term memory where it seems I've ignored 2 letters or more from the council telling me about these arrears and orders to pay up. I've also ignored 2 summons, 2 liability orders 2 baliff letters and 2 baliff visits. At least 10 plus reminders (who knows how many) in 20 years.

If I write stating that no proof of liability order then what grounds do they have to persue alleged debt and if they don't have proof, I want no more contact with them, is that enough?