How do I revoke the summons for CT nonpayment?

[coke125]

Is there anything I can do to make the council drop their summons for non-payment of council tax? First you think it's ridiculous as council tax charges are waived 100% for full-time students. I have called them to reason about it and they insist we (me and 2 other housemates who finished in September 2011) pay £70 as they have sent us reminders to the old address where we no longer live! They are saying we should have contacted them to close the account when we move out, but we did not think about the tax as we never had to worry about it since the two of them are leaving the country and I am still a student.

I have asked my agent to prepare a proof of end of tenancy so am still waiting for their reply or my housemates and I have to cough out the £700+ council tax. I only came to know about the summons when the new tenants told me about it.

[strangewayofsavin]

Re: How do I revoke the summons for CT nonpayment?

golden rule of moving out of a rented accomedation, notify the council and all utilitalies, in writtring, otherwise you are liable, in answer to your question, no

[labman]

Re: How do I revoke the summons for CT nonpayment?

At the end of the day you don't have a leg to stand on legally. That is not to say if you push hard enough you may not get it reduced to what you should really owe. It has to be worth a letter to the Head of Revenues and if no joy there to the CEO of the council, but sadly you have to be prepared to pay it at the end of the day.

Making token payments in the meantime may help your cause.

[outlawlgo]

Re: How do I revoke the summons for CT nonpayment?

I have no idea whether your council would agree to do this in your circumstances, but my council did in mine.

Anyway, it has references to the relevant legislation under which liability orders can be quashed.

This was the letter:

North East Lincolnshire Council
Finance Department
North East Lincolnshire
DN35 8LN

31/12/11

Dear Head of Income and Payments Service

Re: Quashing Liability Order and offer of compensation

The Local Government Finance Act 1992 provides for magistrates' courts to be given powers to quash liability orders if the court is satisfied that the liability order should not have been made.

A liability order was made against me at the council’s request on June 2, 2011.

I request you apply to the Magistrates’ court under Part 12A , Schedule 4 of the Act to have all trace of this order delated from the record.

In response to a letter from the council threatening instalment withdrawal and recovery action etc, I wrote back on the 21st of April 2011, explaining I had paid, and well before the due date. This didn’t stop the council sending me a Summons, obtaining a liability order from the magistrates’ court and subsequently instructing [EDIT]ed enforcement firm rossendales.

Although I stated at the court hearing that all payments had been made to the council and on time, the magistrate still granted the liability order.

An undated letter I received on November 23, 2011 from court enforcement manager X. Xxxx stated that “By investigations undertaken within the council and banks I now have proof that these payments are yours.” I don’t think there’s any doubt that steps taken to enforce payment have been unlawful; so please arrange that this liability order be quashed.

I have not been contacted by the council over this matter since Mr. Xxxx informed me my payments had been located. I still have outstanding court costs and bailiff fees which neither the council nor rossendales have mentioned. I haven’t brought this up because I wish to forward payment, rather, for the record.

I require a statement of what’s left owing and an offer of compensation for suffering this fiasco at the hands of the council.

Yours sincerely

Outlawlgo.

This issue is also legislated under the Council Tax (Administration and Enforcement) Regulations 1992, more specifically in amended legislation at 36A under Regulation 5(2) (Quashing of liability orders) of the Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2004.

[CleverClogs]

Re: How do I revoke the summons for CT nonpayment?

I require a statement of what’s left owing and an offer of compensation for suffering this fiasco at the hands of the council.

Did you get any compensation?

[outlawlgo]

Re: How do I revoke the summons for CT nonpayment?

Did you get any compensation?

The council did not offer compensation on the basis I refused, for some time, to assist them locate the payments I claimed to have made, by not supplying dates and amounts I had paid. I had more than a few valid reasons for being obstructive.

Incidentally the Judge at the hearing to quash liability found it quite incredulous that I should expect costs to be awarded for my troubles, for the same reason given by the council.

After asking if he had read my reasons why I refused to assist the council, he admitted he had.

So he had obviously read this extract:

.....It specified I had refused to assist the council in identifying my payments by providing further information and emphasised that I had refused to do this on more than one occasion.

This is true, and I have no problem admitting it.

Was this the same council asking for my assistance that had threatened me, attempted to defraud me through Rossendales on several occasions, twice taken unnecessarily court action for alleged non-payment of council tax, lied, been obstructive, wasted endless months of my time in disputes which in turn led to further disputes with the Police, Local Government Ombudsman and Information Commissioners Office?

I had paid in accordance with Part 5 and Schedule 1 of the Council Tax Regulations, I should not have received threatening letters, been taken to court, incurred summons costs, or had my account sent to Rossendale’s bailiffs and incurred their fees.

There has been a completelack of cooperation from the council at every turn, an inability to address issues raised and a make a fair, unbiased assessment and of ever admitting fault.

A following selection of quotes may give an insight into their intransigence:

“Your scatter gun approach of sending the same request to numerous officers and councillors is taking up a disproportionate amount of officer time and is, unfairly for the other citizens of N.E.Lincolnshire, diverting resource from the provision of the services we provide. Should you continue with this approach I will have no option but to ask that staff across the council do not respond to any further requests regarding this issue.”

“I can make you aware that North East Lincolnshire Council will not be raising your concerns as a formal complaint and will not enter into further dialogue regarding the issues you have raised.”

“Thank you for your email. It is clearly in response to the stage 3 findings and is not in relation to a new complaint. We will not therefore be taking any further action. As stated in the stage 3 response you still have the option to take your issues to the Local Government Ombudsman.”

“Your original complaint has been closed and North East Lincolnshire Council does not intend to make representations at the county court under Regulation 8 of the distress for Rent Rules 1988.

If you wish to pursue this course of action further then you are within your rights to contact the County Court yourself, where you can put your complaint forward.”

[CleverClogs]

Re: How do I revoke the summons for CT nonpayment?

Did you refer those arrogant apes to the LGO?

What was the result?

[Guest]

Re: How do I revoke the summons for CT nonpayment?

Is there anything I can do to make the council drop their summons for non-payment of council tax? First you think it's ridiculous as council tax charges are waived 100% for full-time students. I have called them to reason about it and they insist we (me and 2 other housemates who finished in September 2011)

You dont owe any council tax at all. Your landlord is responsible for it.

The law: Section 2 of the Council Tax (Liability for Owners) Regulations 1992

Source: http://www.legislation.gov.uk/uksi/1...ulation/2/made

Houses in multiple occupation, etc


Class C a dwelling inhabited by persons who do not constitute a single household, each of whom either–(a)is a tenant of, or has a licence to occupy, part only of the dwelling; or

(b)has a licence to occupy but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of the dwelling as a whole.