Student Court Summons

StudentTeacher_2

Hello all,

My flat mate and I have both just received court summons'. We are both in full time education.

I was tardy in sending in the CT exemption forms to the council, I think I sent them around the 24th December, first class, and the summons was dated 3rd January 2013, so they should have received the documentation even if it hadn't been actioned. I had also informed them informally, by e-mail, that we are both student prior to this.

The bill is for 'Coucil Tax outstanding for 2012/13' for £780, which seems quite high considering we have only lived here since September 2012.

I am willing to pay the £45 'cost of summons' as I realise this has come about due to my tardiness. My question is am I likely to have to pay the council tax as there is no way I will be able to afford to.

Thanks in advance for any help.

SuziQ

I am not absolutely sure, but I know that when my daughter was in Uni, I was told it was incumbent on us to provide the exemption certificate and failure to do so by the appointed date ( I seem to remember it was in October, so you were pretty late) would make us responsible to pay the full amount charged. I don't think they would be very interested in excuses for not returning paperwork as it is a pretty straightforward but important process.

Bollotom

Get onto your council immediately. Chances are they'll waive the £45 but get in touch. Avoiding CT is extremely serious. If no-one, repeat no-one, in your household is working you will get exemption. The £780 bill is payable in a lump sum or in installments. You need to be quick as it's obvious your council don't know you are students.

SuziQ

Bollobottom, I very much doubt they will waive the summons fee as it is already an added cost to them. They can I believe cancel the summons but the fee has already been incurred when they referred the matter to court.

I read a report a few weeks ago, that council tax and water rates are the two debts that will be referred most quickly to court. My council sent an officer around a few years ago, to collect just over £1 that I had underpaid by mistake. Ironically, I had realised my mistake that very day and had just returned from paying it when the guy turned up- he was pretty frustrated to be sent out for such a small amount, then to see my receipt!

CIS

The fact that your a student makes no difference to the speed or method of council tax recovery. Even at this stage you can apply for and be awarded a Class N exemption.

Any costs which are incurred along the way are recoverable via a liability order if the council wish to apply for one and they are unpaid before the court date.

CIS

I read a report a few weeks ago, that council tax and water rates are the two debts that will be referred most quickly to court

Reports like that are misleading for 2 reasons - one, the council (& police,fire etc) use the money to run so it's essential its recovered as quickly as possible and two, the process is laid out in law so the council have no say in the time periods required.

StudentTeacher_2

Thanks everyone for your speedy responses.

CIS, do you think I will have to pay some or all of the council tax, I have just sifted through a pile of paper and found that the charge refers to the period 4 September (when I moved in) to 31 March.

Many thanks.

SuziQ

The reason they do it does not make the 'fact' misleading- they are still the two debts most quickly referred to court.

Heycock

Your bill seems high because they have billed you for the outstanding balance which is normal if you default...it will be the full amount outstanding for the rest of the year they are aiming to recover. Go to your council finance office in person. You will have to pay any outstanding legal costs but the demand will be dealt with from there and if you qualify for exemption you'll have the demand waived. In future don't ignore communications regarding council tax, income tax or rent. Always answer these promptly. And I know that your generation are the techhie generation but NEVER NEVER communicate with the authorities by email alone. ALWAYS follow up immediately with a signed for letter, particularly where legal action has been suggested. OR, which I've always found best, go in person.

Naf

Council Tax bills are always made out for all of the tax year remaining; right up until March 31st. That's why you think it's high, because its not just the monthly payment from Sept to Jan; its from Sept to April.
The way it works as a student (I know because I am one so have had to look into it) is that you have to pay your CT instalments up until you provide the exemption forms to the council, then they'll backdate and reimburse you. I don't believe there's a 'deadline' as such by which you must have provided the form; but the longer you leave it, the longer you have to pay initially.
In principle you should be exempt from the bill, but are likely to have to pay the summons fee.

CIS

CIS, do you think I will have to pay some or all of the council tax, I have just sifted through a pile of paper and found that the charge refers to the period 4 September (when I moved in) to 31 March.

If you both full time students during that period then there will be no council tax charge to pay, only any costs incurred.