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PLEASE PLEASE HELP OR REDIRECT - court action council tax
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[Deleted User]
Posts: 0 Newbie
I am a regular on MSE but rarely venture out of old style, but love everything MSE, warts and all and am hoping you will help this fish out of water. I have just posted a post on the CAB boards to get a legal perspective, but realy want the view of MSE people in general. Here is what i posted below and i would sincerely heed any good advice. p.s. please let me know if its in the wrong place - thanks very much in advance xx
Hello, i am so (((((stressed))))) at the moment and hoping you can help. Basically, i am in receipt of housing benefit, i was sent a letter saying i owed a certain amount, which i queried and found out that they had started charging me for my daughter. I said she was still in education which meant she was not liable and was asked to provide proof, which i did from the college she was at. When i say i was asked to provide proof, i went in person to the council offices. Supposedely(sp) this got sorted. Then a few months later, i receive another letter, same thing, but she had left college and was due to go to university. I was asked to provide an acceptance letter, which i did, I told them on my visits i was also having a problem with council tax, and was told they work hand in hand and it was a knock on effect and when my housing benefit claim was sorted, the council tax would be adjusted accordingly, as it was all being logged on the computer, but saw a different person, who said, no thats not good, you need an unconditional acceptance letter, which i did not have, as you only get that when you have the required grades, and she had not yet got her grades, i provided this when my daughter got the required grades, and was told no, we dont need that, by a different person, we need her student finance letters, i provided details of the loan she had got, no we don't need that said the next person, we need proof of child benefit, as if she is getting that, then she would not be a non dependant, but a dependant and not liable, i supplied that and was told by the the next person, i dont know why they have asked for that as they have your details of that on the system and can check that themselves, you need a certificate from the university with her course on, start date etc, i explained that she would only get this when she started, and was told if it was rushed to them they have benefit officers on hand and they would be able to stop the court proceedings, which i did, my daughter brought it back personally, costing £29 in fares, but i said never mind, it needs to be done, i went there and the next person i saw i said you have benefit officers on site i was told, so i have had this rushed here so we can stop these proceedings. She said no i dont know anything about that (lol), her laugh not mine, I then said to the customer services officer, i have little faith in the way this was going and was not happy with it going to court, as i did not want to incur extra costs, but was told, you have given us all the relevant details, you are not required to go to court as it was all just a procedure and they have everything that they need and they will need to update their records accordingly. I said are you sure, are you really sure, because i have been through this so much and she said yes, they cant say anything, you have provided everything. ((((Wrong)))). Anyhow, it went to court and i am now required to pay £376.20 and £125 court costs, a total of £501.20. I spent 1.30 hours on the phone to them today and they have put a halt on the liability order notice to pay, while i write to them an explanation of why it wasn't sorted. I am so infuriated with this. All the stuff they supposedly copied and the notes they wrote to them i dont know what they said, other than them telling me that they logged the stuff i gave them. All they really need was proof that she was still a student and i feel i did supply this, and the fact of her being in receipt of child benefit means she is a dependant, so not liable, but i am worried i will write the wrong thing and just get in more of a mess.
Hello, i am so (((((stressed))))) at the moment and hoping you can help. Basically, i am in receipt of housing benefit, i was sent a letter saying i owed a certain amount, which i queried and found out that they had started charging me for my daughter. I said she was still in education which meant she was not liable and was asked to provide proof, which i did from the college she was at. When i say i was asked to provide proof, i went in person to the council offices. Supposedely(sp) this got sorted. Then a few months later, i receive another letter, same thing, but she had left college and was due to go to university. I was asked to provide an acceptance letter, which i did, I told them on my visits i was also having a problem with council tax, and was told they work hand in hand and it was a knock on effect and when my housing benefit claim was sorted, the council tax would be adjusted accordingly, as it was all being logged on the computer, but saw a different person, who said, no thats not good, you need an unconditional acceptance letter, which i did not have, as you only get that when you have the required grades, and she had not yet got her grades, i provided this when my daughter got the required grades, and was told no, we dont need that, by a different person, we need her student finance letters, i provided details of the loan she had got, no we don't need that said the next person, we need proof of child benefit, as if she is getting that, then she would not be a non dependant, but a dependant and not liable, i supplied that and was told by the the next person, i dont know why they have asked for that as they have your details of that on the system and can check that themselves, you need a certificate from the university with her course on, start date etc, i explained that she would only get this when she started, and was told if it was rushed to them they have benefit officers on hand and they would be able to stop the court proceedings, which i did, my daughter brought it back personally, costing £29 in fares, but i said never mind, it needs to be done, i went there and the next person i saw i said you have benefit officers on site i was told, so i have had this rushed here so we can stop these proceedings. She said no i dont know anything about that (lol), her laugh not mine, I then said to the customer services officer, i have little faith in the way this was going and was not happy with it going to court, as i did not want to incur extra costs, but was told, you have given us all the relevant details, you are not required to go to court as it was all just a procedure and they have everything that they need and they will need to update their records accordingly. I said are you sure, are you really sure, because i have been through this so much and she said yes, they cant say anything, you have provided everything. ((((Wrong)))). Anyhow, it went to court and i am now required to pay £376.20 and £125 court costs, a total of £501.20. I spent 1.30 hours on the phone to them today and they have put a halt on the liability order notice to pay, while i write to them an explanation of why it wasn't sorted. I am so infuriated with this. All the stuff they supposedly copied and the notes they wrote to them i dont know what they said, other than them telling me that they logged the stuff i gave them. All they really need was proof that she was still a student and i feel i did supply this, and the fact of her being in receipt of child benefit means she is a dependant, so not liable, but i am worried i will write the wrong thing and just get in more of a mess.
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you have explained it well here so no reason to think you can not explain it to them and make them understand this time.
As it has now been to court, the pressure is off, the costs have now been added, as soon as they get their act together it will be sorted and the fees will be waived, as they do have the power to waive court fees if they wish and as you don't even owe the money wouldn't be able to claim them anyway.0 -
omg, thank you so much for your quick reply,im very worried because all along the line i was kind of told that it was going no further, yeah yeah we get you, but dont worry, its been logged, but it obviously wasn't, so im so petrified that i have this debt as i have been trying so hard to pay off everything. I felt i was explaining myself all along, but not so.0
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If it's happened as you say its happened you should definitely put a complaint in writing in regarding this. As this relates to a students status, I'd put a complaint in writing to your local MP so you're not fobbed off between the benefits and council tax departments as what you've described is unacceptable.I work as a Housing Benefit assessor, any advice given is for general information purposes only. It is not, and should not be construed as, financial or other professional advice.0
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hello, its happened exactly like ive said. I will definately do that, do you think the letter ive wriitten up here is good enought for that.0
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I would contact your MP too."Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them." Dalai Lama0
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hello, its happened exactly like ive said. I will definately do that, do you think the letter ive wriitten up here is good enought for that.
Yes I do. What a nightmare. You've clearly explained in your post what amounts to a complicated sequence of events. I would certainly go with that..Good luck, I hope it all works out for you.:beer:0 -
you need a certificate from the university with her course on, start date etc
As far as council tax regulations are concerned this is the only specified form of proof of student status, the council can insist on this for proof if they so wish.
and the fact of her being in receipt of child benefit means she is a dependant, so not liable,
Did you supply the council tax section with proof that you were in receipt of child benefit for her ? .
Anyhow, it went to court and i am now required to pay £376.20 and £125 court costs, a total of £501.20
As far the legal process is concerned the order was granted correctly - you were sent a bill and payment was not made as shown on that bill therefore as far as the law is concerned you did not pay what was due and the council issued a summons on that basis.
That being said if you can discuss the matter with the council over the advice you were given then they may withdraw action and allow you another chance to pay by instalments.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 -
Hil, thank you very much for your reply. Yes i supplied everything i was asked, but i dont understand why, if when i supplied the child benefit proof, they still went ahead with proceedings, if she is not liable. Surely not liable, means just that. Also, if she had student finance letters provided, surely that would prove intent to attend university. You cannot give proof that you do not yet have, so i feel i was losing all along.0
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I am now rushing out to visit my daughter at uni. I have been given permission if i basically wear a bag over my head, do not say who ive come to see and bring her tons of stuff as per her many emails and stock her fridge, god i really did go wrong bringing her up - really who would be a parent - thanks everyone, and i will answer any replies when i get back. I think what im worried about is the letter ive been told to send to the council. Ive made up my mind, no matter what, im not giving them a penny as i feel ive done everything they asked in triplicate. Im going to send this letter to my MP, but really do not want to get the council letter wrong, so am thinking of copying this and telling them its posted online on a website awaiting replies, maybe they may be a bit more careful in what they tell me. Im not looking to be threatening, but i really do feel backed into a corner. Opinions very much appreciated0
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