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Student - Council Tax summons

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Hi,

I am a full-time student at John Moores University and living in Stockport. I just got a council tax summons saying I owe £600 plus £66 court fees.

As a student, I should be exempt. Surely I shouldnt have to pay the £66 since I shouldnt be getting taken to court in the first place?

The letter said they have sent two reminders in the past. I found one unopened (my fault). There was another letter in the same envelope as these which I havent opened as it has someone elses name on - we keep getting letters addressed to someone since moving in 2 months ago. So what should I do?

Comments

  • Valli
    Valli Posts: 25,472 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    you are supposed to tell them you are a student! - so
    get proof of status from your uni (keep a copy) write a letter to them with address of property and council tax reference and apply for retrospective exemption from council tax, sending them proof of your status.

    You say 'we' are there other residents of the property? Are they students too?
    Have they informed the council of their status?
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • Thank you for your reply.

    I live with my girlfriend, the housing contract is also in her name. It said in my letter:

    "If you are jointly liable to pay Council Tax (eg husband and wife or joint tenants) you have both received a summons for the same amount".

    But she hasnt had a summons, its just me. She is also a full-time student, at Stockport college and she hasn't told the council she is a student either.

    I spent 3 years doing an undergrad degre at Salford, for two of them years I rented privately, never told the council I was student and never had any problems. Now Im on my 2nd and final year of a postgrad course. Last year, my landlord asked me to get a council tax exemption form, but when I went into uni, they said I have to do nothing - its gets sorted for me between the uni and my landlord. And again, had no problems last year in the end.

    So I'll send this letter to the council. What if I hear nothing after that? Can I just ignore the letter or do I have to go into court on the stated date - the 6th of January?
  • Valli
    Valli Posts: 25,472 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 December 2010 at 1:20PM
    Then you have reasonable excuse to assume the council tax would have been sorted this year.
    So write a clear letter stating what has happened over the whole time including the fact that you have been exempt in previous years BUT take it into the council tax office - the xmas break and postage problems mean not worth risking posting it. And they should be able to sort something there.
    The court date is quite close TBH so I would also be going into student services/welfare at uni and/or CAB for proper advice. Don't just ignore the court date as fees may rack up - not an expert BTW this is just what I would do - someone else more knowledgeable may be along later.

    There clearly is a problem somewhere as tenants are jointly and severally liable for council tax - ie they will chase all residents for the whole bill until it gets paid. The fact that they have omitted to contact your gf means they aren't doing all they should anyway. Maybe they think she's a student but you are not. What is the breakdown on the bill? Are you being asked for 100% or 75% of the total due?

    HTH
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • jennifernil
    jennifernil Posts: 5,711 Forumite
    Part of the Furniture 1,000 Posts
    edited 17 December 2010 at 5:26PM
    Chris842 wrote: »
    Thank you for your reply.

    Last year, my landlord asked me to get a council tax exemption form, but when I went into uni, they said I have to do nothing - its gets sorted for me between the uni and my landlord. And again, had no problems last year in the end.

    Maybe it works differently up here in Scotland, but I would have said your landlord gave you good advice.......you should get some proof from your Uni that you are a student and give it to the Council. It is your responsibility. How can the Uni sort it out with your landlord? It needs to be sorted with the Council.

    From your post I gather that this is a different property you are living in now, so any "sorting out" that went on last year was for a different property? The Council cannot know that the property is occupied by a student if nobody tells them.

    In Glasgow, a student gets a form from the Uni to verify their full-time student status and sends it to the council who then generate a zero bill. Your girlfriend would need one too.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Maybe it works differently up here in Scotland, but I would have said your landlord gave you good advice.......you should get some proof from your Uni that you are a student and give it to the Council. It is your responsibility. How can the Uni sort it out with your landlord? It needs to be sorted with the Council.

    In Glasgow, a student gets a form from the Uni to verify their full-time student status and sends it to the council who then generate a zero bill. Your girlfriend would need one too.

    That's exactly the way it works in England as well. I've never heard of a university sorting things out with the landlord.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    That's exactly the way it works in England as well. I've never heard of a university sorting things out with the landlord.

    In Nottingham the two universities provide some of the LAs with a list of students in their areas. However, they don't do it with all of them and of course the burden is still on the student to make sure their correct liability is established. ;)

    Edit: Looks like LJM do the same, so it sounds like the OP is either not in one of the relevant LAs or their address does not match the uni records. I can't see any grounds for having the fee removed.
    Gone ... or have I?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Any charges incurred by the issuing of a summons for the household because the council do not have your student details is recoverable with the granting of a liability order even if you subsequently provide your student details.

    A Liability Order can be granted for summons costs only.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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