The debt being enforced is more than 6 years old
The law imposes time constraints on the enforcement of certain types of debt, with a bar on enforcement after six years have elapsed.
Court fine: There isn't a specific technical limitation for enforcement or initiating indictable prosecutions. However, there's a six-month limitation for non-indictable offenses as outlined in Section 127 of the Magistrates' Courts Act 1980.
Traffic Debts: Enforcement is restricted to six years from the date indicated on the liability order, governed by Section 9 of the Limitation Act 1980.
Council tax: Being a statutory debt, council tax liabilties fall under the purview of Section 9 of the Limitation Act 1980. Nonetheless, if a Liability Order is issued and the debtor is duly notified at their current address, the enforcement power conferred under the Liability Order remains indefinitely extensible. However, the outstanding amount on the Liability Order may potentially be rendered void, as per Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 112.
Judgments and High Court Writs: Are subject to a limitation of six years from the date of the judgment or issuance of the High Court writ, in accordance with Section 24 of the Limitation Act 1980.
In instances where a creditor or council is pursuing a statute-barred liability, one can file a formal complaint and request a cessation of enforcement. Council tax liability orders lack a specific end-date due to the statutory time limit prescribed by the law.
The Law:
Section 9 of the Limitation Act 1980 states:
(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.
(2)Subsection (1) above shall not affect any action to which section 10 of this Act applies.
Section 24 of the Limitation Act 1980 states:
(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.
(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.