The Debt Being Enforced Is More Than 6 Years

There are specific time limits after which creditors can enforce certain debts. After six years have elapsed, enforcement is barred, but this does not mean the debtor is absolved of their liability; it only stops enforcement action to reocover the debt.

Court Fines:

There is no statutory time limit on enforcing court fines or initiating indictable prosecutions. However, Section 127 of the Magistrates' Courts Act 1980 stipulates the prosecutor must bring non-indictable offences to court within six months.


Traffic Debts:

Section 9 of the Limitation Act 1980 restricts the enforcement of all statutory traffic debts to six years from the date specified on the Warrant of Control.


Council Tax and Business Rates:

Section 9 of the Limitation Act 1980, along with the ruling in Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 112, restricts the enforcement of council tax and business rates debts to six years from the issue date stated on the Liability Order.


Judgments and High Court Writs of Control:

Section 24 of the Limitation Act 1980 imposes a six-year limit on the enforcement of judgments. If a Writ of Control is issued less than 12 months before the six-year period ends, the enforcement period is extended by 12 months from the date of the Writ of Control.


Template: Stage 1 Formal Complaint: The council must stop the enforcement of any debt that has been barred under the Limitation Act.


Although the council or creditor may continue to send persistent letters demanding payment, the Limitation Act only prevents the enforcement of the debt once the prescribed period has expired and Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2014 stop bailiffs from recovering the debt.

The case of Bolsover District Council and another v Ashfield Nominees Ltd and Others [2010] EWCA Civ 112 involved a dispute over the enforcement of council tax and business rates debts. The Court of Appeal addressed whether the six-year limitation period under Section 9 of the Limitation Act 1980 applied to these debts.

The key issue was whether the enforcement of such statutory debts was time-barred after six years from the date on the Liability Order. The court confirmed that the six-year limit does indeed apply to the enforcement of council tax and business rates debts, reinforcing the need for authorities to act within this timeframe if they wish to recover unpaid amounts.