Student Bristol council tax Rossendales

[Regan]

Hi, please could someone offer me some advice? I graduated last year from UWE in Bristol. In my final year i shared a house with 4 other f/t students. We sent our proof of being students forms off in September 2012 to the council. Our tenancy ended on the 30th June 2013 however in practice we were all moved out by around the 5th June. I received a final notice letter from Rossendales about a week ago at my address in Southampton demanding £411 for unpaid council tax. I rang Bristol Council to ask what this was all about thinking surely it was just a mistake. Apparently as term 'officially' ended on the 21st June 2013 (news to me, I thought we ceased to become students when we graduated?) and our tenancy was until the 30th June 2013, there was 8 days of unpaid council tax they'd been chasing us for...around £31 in total. We had left forwarding addresses at the Bristol property however as new students moved into the house, they did not bother forwarding any letters on so we remained unaware. The council then added another £103 to the charge. Then passed it on to Rossendales who added the rest on!! I have written a formal letter to the council explaining the situation that we were unaware of the charge or would have paid straight away however they are not interested and just tell me to talk to Rossendales to make the payment. I am literally so stressed out over this as I know my old housemates will not split this with me and I feel this is extremely unfair for 8 days worth of Council tax. I cannot afford to pay this but I also really don't want anything against my name as hoping to join the RAF soon. Please help!!

[Crazy council]

Re: Student Bristol council tax Rossendales

Hi

I have written a formal letter to the council explaining the situation that we were unaware of the charge or would have paid straight away however they are not interested and just tell me to talk to Rossendales to make the payment

I think, this is one of the rear circumstances were you could appeal the liability order, but am not sure .. The facts that you presumed it paidup, you moved and the mail was sent to your student address, all help

Question. For rossendales to be involved they must have got a liability order, what date did they get it, and what address, ie, was the paperwork sent to your student address, after your tenancy ended ?.

[Regan]

Re: Student Bristol council tax Rossendales

I assume rossendales must have sent their correspondence to my previous address in Bristol as this finally notice was the first thing I've received at my current address. As for the liability order, I don't really know what that is? But have not heard anything about it! How would I go about appealing?

[Guest]

Re: Student Bristol council tax Rossendales

Hi Regan.

What a crazy situation. A person is classed as a full time student up until the day he/she completes the course, so technically, the council are correct.

I would now write a formal complaint to the CEO of Bristol council, outlining the facts as you have done in your post. In addition, I would mention that the council have cold heartedly refused to look into this matter-A matter that can only be described as extremely unique. I would stress that you had vacated the property on or around 5th June (presumably when the final year had been completed?) Ask the CEO to place recovery action on hold whilst this complaint is being investigated. Also ask for a bit of common sense and reasonableness to be applied. Copy Rossendales in on the letter.

There are so many things wrong with this that common sense surely has to prevail. I'm confident that if the complaint was escalated to the Local Government Ombudsman, that she would find in your favour. Try not to let this matter worry you too much-It will only end up costing you money at the point when you actually make a transaction. Hopefully, it will be quashed at some point before then. The figures are all wrong in any case and the true amount to date would be around the £200 mark (you could also mention in your complaint that Rossendales are asking for £411)

[Regan]

Re: Student Bristol council tax Rossendales

Hi there, thank you for your advice! I will definitely now try to appeal to the CEO. This is absolutely absurd for a £30 charge. When I rang the council before the man on the phone was rude and unhelpful and just said he couldn't waif the fee just because I wasn't aware of it...I really feel like they have acted in an extremely cold hearted manor. Hopefully if I appeal to the CEO he/she will realise how ridiculous the situation is.

[Guest]

Re: Student Bristol council tax Rossendales

I think you may have a problem appealing against the LO as technically, you are liable. It is possible to ask the council to apply to have the LO set aside but in order to do so, there must have been dispute about the liability to pay or procedural errors in the obtaining of the order.

Your best bet is the formal complaint, with the option of approaching the LGO if the council play hardball.

The paperwork for the LO and all previous bailiff paperwork will have gone to the address in Bristol which is perfectly legal, assuming you did not leave a forwarding address with the council.

[Crazy council]

Re: Student Bristol council tax Rossendales

I think you may have a problem appealing against the LO as technically, you are liable

He was not at the address when the paperwork was served.... Its one of the rear curcumstances were you can appeal after 14 days, you have to go to the court, sware you was not notified, and that does it.

[wales01man]

Re: Student Bristol council tax Rossendales

Had he giving the new Address?
Think we might all accept the CT is owed but the costs and fees should be removed if possible

[Guest]

Re: Student Bristol council tax Rossendales

He was not at the address when the paperwork was served.... Its one of the rear curcumstances were you can appeal after 14 days, you have to go to the court, sware you was not notified, and that does it.

I'm not sure who has told you that rubbish but they are sadly very much mistaken. Paperwork is deemed served when posted to the debtors last known place of abode.

Regarding an appeal, if a LO is issued wrongly (which in this case it wasn't), a debtor may appeal to the high Court within 21 days of the magistrates decision or apply for a judicial review within 3 months. The only other option is as I mentioned, asking the council to apply to have the order set aside.

[Guest]

Re: Student Bristol council tax Rossendales

Had he giving the new Address?
Think we might all accept the CT is owed but the costs and fees should be removed if possible

I don't accept that the council tax was owed. The property was empty for the 8 days that the council have billed. Dwellings occupied by students as term time accommodation are exempt for council tax. Also, whilst the council are entitled to go after any one of the 5 students, is it morally right to go after just one person (who had no source of income for the period in question and so would have been entitled to discount in any case? Was it morally right to expect students to know that the discount only lasted until a certain date? Given that Bristol must have many students in similar circumstances every year, you would think that some sort of guidance would be issued to safeguard all parties. How many on here, hand on heart, would have known that a student in his/her last year at uni would have to pay 8 days council tax if the tenancy agreement went over the end of term date?

[wales01man]

Re: Student Bristol council tax Rossendales

Morals Councils?
They must feel they are legally entitled to chase the debt as for chasing all 5 bit expensive what about the other 4 paying their share thought there was honour amongst students.

[Crazy council]

Re: Student Bristol council tax Rossendales

I'm not sure who has told you that rubbish but they are sadly very much mistaken.

done it, i really do have lots and lots of court experience with CT and LOs, and some other. If the notification was served at the wrong adress, all he has to do is show the court that...........Its a basic legal principal

[Guest]

Re: Student Bristol council tax Rossendales

Regulation 35(2) of the Council Tax (Administration & Enforcement) Regulations 1992:

(2) A summons issued under regulation 34(2) may be served on a person— (a)by delivering it to him, or
(b)by leaving it at his usual or last known place of abode, or in the case of a company, at its registered office, or
(c)by sending it by post to him at his usual or last known place of abode, or in the case of a company, to its registered office, or
(d)by leaving it at, or by sending it by post to him at, an address given by the person as an address at which service of the summons will be accepted.

[wales01man]

Re: Student Bristol council tax Rossendales

That Looks correct why should a Council spend time checking where someone lives? That what bailiffs do for their Huge fees am I correct ?
If not we can all avoid council tax if we give a false address then say I did not receive letters ETC

[Guest]

Re: Student Bristol council tax Rossendales

The skewed idea would also give licence to anyone moving home to not pay outstanding council tax. They could simply claim "notice was served at the wrong address".