Council Tax Arrears - illegal liability order?

ScouseIrish

Hi - hopefully someone can give me a bit of advice on the following... to keep it short(ish) and readable, I'll put it nicely in bullet points:

• From 2004 - 2006, I lived as a student (council tax exempt).
• From 2006 - late 2008, I thought I was still exempt as I was still studying but have since realised the course didn't count towards exemption as I was also working.
• In late 2008, I e-mailed council to start paying council tax, never received reply (they said they sent) but didn't chase as I moved in early 2009 (should have chased, silly I know). :A

Next up, comes the council tax arrears demand in 2011.

• Council demands £4000ish (total from 2004 -2009) to be paid within 14 days (which I can't afford)
• I reply by e-mail immediately disputing amount (due to student exemption & single person discount) but accepting that I owe some money.
• Council reply after the 14 days, asking for further information to be submitted (student exemption cert), and due to the delay in their e-mail response, confirm that the summons (which I never received) has been withdrawn.
• About a month passes while I get exemption info from University, and prior to sending it on, I get a liability order from council for £4000 (liability order is dated 10 days after council confirmed the summons was withdrawn) :mad:

Question 1: As I never received a summons, and as the council confirmed to me in writing that said summons was in fact withdrawn anyway, and as I disputed the amount due, is the liability order illegal? What are the implications of having a liability order hanging over my head?

Question 2: I've continued to supply info to the council and am getting to a more accurate sum (approx £1900). I reckon I'll struggle to pay more than £100 a month despite their guidelines requiring more. Are they duty bound to accept this or can they force me to pay more? If they can force me to pay more, am I better off put it all on a 15 month 0% credit card and paying off that?

Thanks in advance for any advice given...

scheming_gypsy

your first step is to phone them and talk to them to see if you can come to an arrangement with them.

The letters always seem fairly harsh 'you will pay this or we'll sell your soul and eat your children' but when you phone them you end up talking to somebody who's earning a living and not waiting for the phone to ring so they can shout at somebody.

Oldernotwiser

ScouseIrish wrote: »

[*]From 2004 - 2006, I lived as a student (council tax exempt).
[*]From 2006 - late 2008, I thought I was still exempt as I was still studying but have since realised the course didn't count towards exemption as I was also working..

Were you a full time student during this period because, if you were, you're exempt - whether you were working as well or not.

ScouseIrish

Oldernotwiser wrote: »

Were you a full time student during this period because, if you were, you're exempt - whether you were working as well or not.

Hi - I (incorrectly) assumed I was exempt because I was paying course fees (approx £1200), but the course wasn't of a full-time nature so doesn't exempt me unfortunately...

CIS

• About a month passes while I get exemption info from University, and prior to sending it on, I get a liability order from council for £4000 (liability order is dated 10 days after council confirmed the summons was withdrawn) :mad:

Question 1: As I never received a summons, and as the council confirmed to me in writing that said summons was in fact withdrawn anyway, and as I disputed the amount due, is the liability order illegal? What are the implications of having a liability order hanging over my head?

The Liability Order isn't illegal on the basis of you disputing it but if the Summons to which the Liability Order was granted was withdrawn then Order should be be withdrawn. You need to challenge the council in respect of the Order and whether the Summons that was withdrawn is for the same Liability Order.

Question 2: I've continued to supply info to the council and am getting to a more accurate sum (approx £1900). I reckon I'll struggle to pay more than £100 a month despite their guidelines requiring more. Are they duty bound to accept this or can they force me to pay more? If they can force me to pay more, am I better off put it all on a 15 month 0% credit card and paying off that?

If the Summons has been withdrawn back to a bill then the charge will still be due as a lump sum.If this is not paid as billed then they can legally issue a new Summons.

They are under no obligation to accept any payment arrangement if you do not pay as billed.

If they obtain a Liability Order then providing you are given 14 days notice the council can instruct a bailiff, no payment arrangement has to be given. (technically a payment arrangement after the Liability Order is not covered in legislation and so falls only at the councils discretion).