Council Tax help

[cafcfan1990]

Hi

Firstly, thanks for any help/advice in advance. This situation has really stressed me out this morning given some recent personal issues and I need to get it resolved ASAP.

I moved into a property in September 2013 and moved out at the end of July 2014. I was a full-time student and the course finished on 18th June 2014.

I have had a 'notice of enforcement' through the post today giving me until the 4th August to make full payment or arrangement to the bailiffs (Rossendales). I have sent them an email already stating I was a student and I have included a PDF letter from my University which states my course, my grade and the dates I was on the course. I no longer have the paper copy of this letter but have kept the scanned emailed copy from the University as I have needed it to prove my Graduate status to employers.

What can the bailiffs now do?
I should have been exempt from Council Tax.
I would have sent the form off at the time.
I live too far away to go into the University now to sort it out, has to be done on phone or preferably email to keep it in writing.
I moved out end of July 2014, and the liability order was granted against me on 1st October 2014, which is probably why I have never ever known about this situation until today.

Thanks for any help in advance, really hope this can get resolved.

[Milo]

Re: Council Tax help

Hi

I have had a 'notice of enforcement' through the post today giving me until the 4th August to make full payment or arrangement to the bailiffs (Rossendales). I have sent them an email already stating I was a student and I have included a PDF letter from my University which states my course, my grade and the dates I was on the course. I no longer have the paper copy of this letter but have kept the scanned emailed copy from the University as I have needed it to prove my Graduate status to employers.

I should have been exempt from Council Tax.

The good news is that Rossendales will not be passing your account to an enforcement agent (for the purpose of a home visit) until after 4th August. You must use these next few days to sort out this matter.

Rossendales are a firm of bailiffs. Their role is to enforce the debt . They cannot...and must not go 'behind the order (or warrant). If there is an error with the Liability Order, then it is the COUNCIL and not Rossendales that must resolve this.

You must contact the council as quickly as possible to resolve this matter. Once you have spoken with them, please post back.

[Snoopy1948]

Re: Council Tax help

Hi cafcfan1990 ...

This should have been sorted out at the time of you remaining a full time student in a qualifying course. If you had 'sent the form off at the time' , I suspect that this would not have remained a problem.

Were you the sole occupier at the time of this council tax charge? Do you remember obtaining a 'Student Certificate' from your place of study? This is a specific notice that academic institutions provide on demand that provides concise information about your study course, attendance hours and the dates of the term of study. But you have to ask for it, it is not a default notice.

You need to contact the council with some urgency, explain the situation again ( whatever you have done to date does not appear to have satisfied them ) and see what they say. If they accept late submission of a student certificate, you will need to formally obtain this in hard copy from your course provider and forward it to the council in question.

[wales01man]

Re: Council Tax help

Get over to the University ASAP before this escalates with Rossendales coming after the debt you must prove you were a student at the time why should bailiffs take your word for it they have to act to get their money from you University may be a distance away but troublesome Bailiffs are on their way.
You must sort this or put up with the hassle until you doin your case you should not be liable others who came on here were and have endured months of trying to get sorted not easy with CT and their agents

[cafcfan1990]

Re: Council Tax help

Thanks for the advice given above.

I have now spoken to the council. I did send off the relevant form at the time but they seemed to think I ended my course in February hence the debt. I sent off proof of my course ending in June so they have significantly reduced the debt.

Frustratingly, I still have to pay a £75 fee to Rossendales, plus the fee for the liability order to the Council which is more than the debt itself.

I naively did not inform the council of moving out, I knew there were new tenants wmoving in a week after I moved out, so assumed they would call and take over the council tax. Stupid I know, had never dealt with Council Tax before being a young student, so will certainly learn from the mistake.

I have had further correspondence from Rossendales confirming the reduced debt. I will be contacting them to arrange payment.

[sueham]

Re: Council Tax help

Sorry but if the council were the ones who made the mistake then I can't see why you should have to pay the fee for the liability order. As for Rossendales the council employed them so it's the council who would have to pay them. It is a mistake by the council NOT you

[Kati]

Re: Council Tax help

Have you complained about the fact you still have to pay the LO fee and Rossendales £75?? I was under the impression that the £75 (at least) could be waived :noidea:

tagging [MENTION=62334]Snoopy1948[/MENTION] for clarification xx

[Snoopy1948]

Re: Council Tax help

Have you complained about the fact you still have to pay the LO fee and Rossendales £75?? I was under the impression that the £75 (at least) could be waived :noidea:

tagging @Snoopy1948 for clarification xx

This was always a difficult situation to dictate from my experience and you had to get the agreement of all officers in the ctax and enforcement team to allow late submission of the student certificate and grant a student exemption as necessary. It's entirely up to the relevant council if they cancel all costs if the error lies with the tax payer but sensibly that should be done. On a similar tack, I remember calling on businesses for non payment of business rates ( with warrants ) and often they had failed to apply for small business rate exemption ( where applicable ). It was easier to get them to sign for that and clear the charge but not the costs. I would caution them that the costs were still relevant but I do not remember anyone actually paying them and where could you go from there?

Sensibly a council should not push for costs where the taxpayer ( or in this case non taxpayer ) has been negligent as there has been a level of work and involvement incurred due to that . Certainly had the liability order been issued on the back of a taxpayer failing to claim benefit at the appropriate time, then the liability would not be in question unless the council could ne shown to be negligent in some way.

It all boils down to those that believe that 'ignorance of the law is no excuse' and those that believe the law is simply too complex and bureaucratic and some 'wiggle room' should be allowed.