Liability Order received one year after issue date

blue_indigo

My wife received an Council Tax Liability Order issued in 2012. It's regarding a supposedly unpaid council tax in 2005/2006. We moved to a new property in 2007 and have never been informed about tax problems with our previous address. We live abroad (asia) since 2009.
Is this procedure legal? How could a liability order be issued without our presence and knowledge of such.
Can my wife visit UK without fear of arrest at the airport?

CIS

Is this procedure legal? How could a liability order be issued without our presence and knowledge of such.

The paperwork would have been sent to the last known address (this is the legal way that they are issued) and providing the council hadn't received the documents back undelivered then it would be up to you to prove you didn't receive them. You need to speak with the council.

Can my wife visit UK without fear of arrest at the airport?

Yes, Unless the council have gone for committal to prison and obtained an arrest warrant then there's no problem with travelling.

blue_indigo

CIS- Thank you for your reply.
So to dispute the Liability Order should be priority.
We've never been back in UK since we left.
Wouldn't it be a proof that we've never seen any such letters and notices?

Voyager2002

blue_indigo wrote: »

CIS- Thank you for your reply.
So to dispute the Liability Order should be priority.
We've never been back in UK since we left.
Wouldn't it be a proof that we've never seen any such letters and notices?

Maybe...

In practice the Council will be more interested in resolving the tax problem than in determining whether or not you received notice. Once you get in touch with them they will doubtless be delighted to let you know how much is owing... If you can demonstrate that you are not responsible for the amount claimed then that is the end of the matter. Otherwise you would need to pay the appropriate amount, as well as the court fee, and then again you would be in the clear.

CIS

Wouldn't it be a proof that we've never seen any such letters and notices?

No. Proof that a document was addressed and posted to the last known address is deemed to be proof that a document was correctly posted and delivered (unless a person can prove they never received it).

blue_indigo

Voyager 2002: Thank you for pitching in.
This is interesting. How can one proof not receiving a letter if not being physically in the country since 2009 (Liability Order issued in 2012) isn't deemed proof enough.
Voyager and CIS: My wife was in UK on 'Student Visa' during the disputed period. How can council ask her to pay a council tax for that period, let alone Magistrate issue a Liability Order? She was a tenant at that address.

blue_indigo

They must know she was a student.

CIS

They must know she was a student.

Being a student doesn't always remove liability for a council tax charge - it depends on the exact circumstances. There's also the chance that the council don't know she's a student.

How can one proof not receiving a letter if not being physically in the country since 2009 (Liability Order issued in 2012) isn't deemed proof enough.

Not being in the country isn't an issue - the council will post it to the last known address (UK or abroad), its up to you to keep the council updated.

Many people abroad will also have a 'care of' address or an agent who these use for postal purposes - sending it to these addresses would be sufficient.

blue_indigo

"Being a student doesn't always remove the liability for council tax charge - it depends on the exact circumstances."
That's new to me. I thought that full time students don't pay this tax.

CIS

That's new to me. I thought that full time students don't pay this tax.

It depends on what you term a a full time student - council tax has it's own definition of a full time student (which can and does differ from what a lot of courses term as full time).

There are cases where even a full time student will be liable for a council tax charge e.g they are the tenant(s) and they have a lodger who is a non student, the student is the resident owner and there are non-students resident in the property etc.

Savvy_Sue

Also you can't assume that the council will know who is and is not a student at any given time. I believe the universities may have an arrangement to confirm student status, but my understanding is that the students have to apply for the discount if eligible.

As well as CIS's example, if a property is shared by several students and one non-student, the property has a CT liability, and the council will try to get it from whomsoever they can, especially if student discount wasn't applied for at the time.