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Council Tax
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Littlechester
Posts: 6 Forumite
in Cutting tax
Hi, I am not sure if this is in the correct forum, so apologies if it is.
I moved out of my property at the end of November 2010, I did an online form to the council to advise that I am moving, and the property will be empty. They sent back acknowledgment of receipt.
My mother has been going in to the property every week or so to collect any mail, open windows etc until the sale has completed. She has been sending on any mail there for me.
Last week she sent on a court summons for unpaid council tax for nearly £500! This was the first letter from them.
I immediately sent them an email, and a letter in the post advising that I had completed an online form on their website about me moving/property being empty, that I had received an acknowledgement email from them, and now I have a court summons. I said that I can send them copies of the forms, and also prove that I have been paying council tax at my new address etc, and the property is still empty. So wanted them to confirm that this summons has been sent in error.
They responded today by way of an email, saying it was not sent in error, and that they had sent me an email (which I did not receive) asking for a phone number, so they could arrange a visit to the property to check it was empty. The money is still due, and if no paid by 9th march, the court hearing will take place where they are seeking a liability order.
Could anyone possibly shed some light as to whether or not I have to pay this?
I am unemployed, with no means to pay it even if I thought it was rightfully due.
Many thanks
I moved out of my property at the end of November 2010, I did an online form to the council to advise that I am moving, and the property will be empty. They sent back acknowledgment of receipt.
My mother has been going in to the property every week or so to collect any mail, open windows etc until the sale has completed. She has been sending on any mail there for me.
Last week she sent on a court summons for unpaid council tax for nearly £500! This was the first letter from them.
I immediately sent them an email, and a letter in the post advising that I had completed an online form on their website about me moving/property being empty, that I had received an acknowledgement email from them, and now I have a court summons. I said that I can send them copies of the forms, and also prove that I have been paying council tax at my new address etc, and the property is still empty. So wanted them to confirm that this summons has been sent in error.
They responded today by way of an email, saying it was not sent in error, and that they had sent me an email (which I did not receive) asking for a phone number, so they could arrange a visit to the property to check it was empty. The money is still due, and if no paid by 9th march, the court hearing will take place where they are seeking a liability order.
Could anyone possibly shed some light as to whether or not I have to pay this?
I am unemployed, with no means to pay it even if I thought it was rightfully due.
Many thanks
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Comments
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A Class C exemption would be granted for up to 6 months if the property is unoccupied and unfurnished or a discount is applicable if the property is unoccupied but furnished.The fact you are not living in the property does not make it automatically exempt from council tax.
Advising the council you have moved is not the same as requesting a discount or exemption and so they are correct in advising that council tax is due in full until they are fully advised of the situation.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.0 -
A Class C exemption would be granted for up to 6 months if the property is unoccupied and unfurnished or a discount is applicable if the property is unoccupied but furnished.The fact you are not living in the property does not make it automatically exempt from council tax.
Advising the council you have moved is not the same as requesting a discount or exemption and so they are correct in advising that council tax is due in full until they are fully advised of the situation.
Thank you for your reply.
I did request an exemption, through filling out an online form. Then I had an email back to say they had received it. Then nothing until a court summons. They said they had emailed me asking for a phone number to arrange a visit to check it was empty, no email received.. does that not make a difference at all?
thanks0 -
You need to dispute the issue with them - not granting an exemption without a visit is a reasonable (and common) action on their behalf.
I think the key bit here is the email they sent you - you need to challenge this and ask for proof. If they can prove they sent it and it hasn't been received then your on to a loser.
Additionally before the summons was issued there would have been an original bill and at least one reminder sent - did not you contact the council and check what had happened to the exemption ?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.0 -
There were no other letters at all before the summons, everything was sent on to me.
I didn't really wonder about the exemption to be honest, as I assumed as I hadn't heard anything all was ok and it was done. Busy moving to new house etc in another county, my mind wasn't really on things like my old council tax.
I have already replied to them, and advised that no email was received, I do check my junk mail everyday as well, so it wasn't in there either.0 -
There were no other letters at all before the summons, everything was sent on to me.
A summons cannot legally be issued before a bill and at least one reminder has been sent.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.0 -
Hi, hope you can advise. looked on the internet in general and can't find the answer. I have an empty house which I want to rent at some point. After probate was granted I have had 6 months of exemption, can I now apply for class C exemption, the lady I spoke to at the council said she thought that the 6 months after probate was class C and that I had already had the full amount. However she wasnt sure. I have looked on the internet and the exemption after probate is a class F, so can I now apply for a class C for another 6 months or until someone is living in my house. Or have I already received the full entitlement. There is another issue in that my class F exemption expired on June 7th at present my house is still furnished but will be empty within the next 2 weeks. If the Class C is available to me will I have to pay the the two furnished weeks. Thanks for your help and advice :A0
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You wont as the property has been unoccupied for at least 6 months already (they give you the 6 months after probate as part of the Class F exemption to take this in to account).Class C:a dwelling which is unoccupied and has been so for a period of less than 6 months since the last occupation day and which is substantially unfurnished and has been so throughout that period;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.0
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