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Court summons for council tax - But fulltime student @ 18hours per week of modules!!!
Comments
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I cannot risk getting a ccj on my file though as that would have huge implications when i apply for the career that im waiting to go into,
You don't get CCJ's for council tax non-payment and it's not recorded on your credit rating.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 -
That link is wrong (as are many parts of the gov.uk site)
The actual regulations (council tax (discount disregards) order 1992) - define a full time course of education as
(my emphasis)
Ok well i dont see how the council will be able to claim that a course which has 18hours per week of timetabled lectures requires less than 3hours of home-study!
But due to the standard incompetence from the council it will likely be 6-8weeks before they actually process my file! :mad:0 -
but so if i just pay the entire money to the council tomorrow to avoid going to court on wednesday,
Legally the amount is due until such time as you are issued with a council tax demand which shows otherwise.
That would depend on how fast your council are at refunding the monies.how straightforward would it be to then get that money refunded back to me within a few weeks from the council once i manage to prove that i am a fulltime student??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 -
That link is wrong (as are many parts of the gov.uk site)
The actual regulations (council tax (discount disregards) order 1992) - define a full time course of education as
(my emphasis)
????
The wording is the same… STUDY…. it doesn't state that the study must be taught sessions. If it was based on timetabled sessions then I can assure you that every single of the 30,000 students at my Uni do not meet their requirements.0 -
You don't get CCJ's for council tax non-payment and it's not recorded on your credit rating.
So if i go to court on wednesday and provide my defence for not paying as being that i dont class myself as being liable to pay council tax,
but the judge rules against me,
what would the ruling against me be classed as if not a ccj??0 -
The Uni course will have set amount of lectures and seminars but you also add in the hours of reading and studying alongside that. Most courses have 5 hours of lectures and 5 hours of seminars each week and are full time courses. The course I did had 14 hours of lectures and seminars each week but was still full time and I was exempt from CT throughout the course."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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Ok well i dont see how the council will be able to claim that a course which has 18hours per week of timetabled lectures requires less than 3hours of home-study!
The could argue that the university have specified a number of hours and they are using that figure.
The final decision of whether a person is a student or not would be the determination of a valuation tribunal if the council refuse to move on the matter.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 -
Which is why its says undertake periods of study, tuition or work experience - for the purpose of the regulations they are different things.STUDY…. it doesn't state that the study must be taught sessionsI 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 -
So if i go to court on wednesday and provide my defence for not paying as being that i dont class myself as being liable to pay council tax,
He would have no option - he has no powers to rule on whether a discount , exemption or any council tax benefit has been awarded correctly.what would the ruling against me be classed as if not a ccj??
Its a liability order for council tax (issued by the magistrates court - CCJ's are from the county court) which gives delegated range of enforcement powers to the council unlike a CCJ for which enforcement has to be court approved each time.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 -
Thanks for the help guys.
Now i just need to decide whether i should attend court on wednesday and dispute my liability there,
OR,
just pay the money tomorrow to avoid court, and then dispute it with the council to get a refund.
I would much prefer to go to court as im pretty sure the judge wont take weeks to read a document that i hand them,
and will have more common sense than the council admin staff,
however i cannot risk going if there is anything that would appear on any record if the judgement goes against me!
(I dont meany my credit file as that doesn't matter, but for the career im going into the vetting process takes many months and they bar you have any kind of bankruptcy, ccj, criminal record, or anything at all negative by your name...
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