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Council Tax Benefit Problems

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    O.o fair point, that wasn't what I've found though...but then that was a Arbitration and not a full county court case...

    Neither arbitration or the county court* are involved in the recovery of council tax.

    * excepting bankruptcy and charging orders.
    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.
  • Ravenshade
    Ravenshade Posts: 114 Forumite
    CIS wrote: »
    Neither arbitration or the county court* are involved in the recovery of council tax.

    * excepting bankruptcy and charging orders.

    I'll beg to differ, my mother was sent to County Court (Derby Council) for her tax issues and I in a different area (Devon) went to Arbitration to sort my problems out. Though it wasn't the first hearing for my mother as she appealed the magistrates decision (and won).
    Be Warned: Any decision made by ATOS should be treated with the contempt and suspicion in rightly deserves. If in any doubt, make sure to appeal any and all decisions by ATOS. Do not take their word for it, do not give them an inch of trust.

    When judging if ATOS were fit for work, it looks like they self-assessed. //Rant-Disclaimer End.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'll beg to differ, my mother was sent to County Court (Derby Council) for her tax issues

    And out of curiosity what was the reason for the hearing ?
    I in a different area (Devon) went to Arbitration to sort my problems out.

    And also in this case ?
    Though it wasn't the first hearing for my mother as she appealed the magistrates decision (and won).

    Magistrates appeals aren't heard by the county courts - if it was an appeal against the issuing of a liability order it would the high court.
    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.
  • Ravenshade
    Ravenshade Posts: 114 Forumite
    Hers at the time was, her complete refusal to pay council tax. My mother isn't the most educated person on the planet but she is one of the most stubborn. The reason was the council pursuing debt and also her appeal. (I almost got taken there myself in Gloucestershire re: student council tax ).

    As for the arbitration, it was just a catastrophic screw up of the system. There was council tax that due to my being unemployed at the time I was not eligible for, I'd also sent off a council tax benefit which they rejected. There were appeals... and then it ended in Arbitration where they over turned the Benefits and discarded the accumulated debt. Arbitration, it's cheaper than a Tribunal!

    You're right that the usual appeal for civil cases heads to the high court, but in this case it went to the county. I'm not exactly sure why myself.
    Be Warned: Any decision made by ATOS should be treated with the contempt and suspicion in rightly deserves. If in any doubt, make sure to appeal any and all decisions by ATOS. Do not take their word for it, do not give them an inch of trust.

    When judging if ATOS were fit for work, it looks like they self-assessed. //Rant-Disclaimer End.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There were appeals... and then it ended in Arbitration where they over turned the Benefits and discarded the accumulated debt. Arbitration, it's cheaper than a Tribunal!
    That was an appeal over council tax benefit not council tax recovery, it uses different pathways to appeal.
    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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