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Council Tax - Student Refund Problems

Hi hope some can help me with this.

I'm a student and my partner is working, so he was entitled to a 25% discount on our council tax for 2006/07. It was January before my proof of student status form was processed by the council, therefore my partner was owed roughly £200 back from the overpayments he had made since I began my studies in September.

The council dragged their feet a bit with processing the refund, but eventually they asked for our previous addresses which we sent them. We got a reply saying that there was about £300 owed on one of my partners previous addresses going back to 2005 when he was a student. He shared the flat with one of his friends who was also a student. They had thought it was confirmed that no one at the property owed any money at the time but the council have clearly made a mistake.

They've taken the £200 my partner was due back and put it towards settling his old account (even though he owes them no money!!). We sent off proof again a few weeks ago that he was a student during that period and have been told that there's no problem with him. The problem lies with his then flatmate as they still say they have no proof he was a student then. We're still friends with that guy and we're working on getting him to get proof of his student status from then and send it off to the council (but that's another story).

My question is this: are the council legally entitled to take the money we are owed now and apply it to the old account at a time when my partner was a student, espcially as they have confirmed it's not him they think is liable? All I have been told by them is that its their "policy" to do this, but I'm wondering if they'd back down if challenged on it? This is Glasgow City Council btw, don't know if that makes any difference. Thanks in advance :)

Comments

  • jennifernil
    jennifernil Posts: 5,806 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That is not nice of them!

    Did your partner and his flatmate not submit properly completed student forms stamped by their Uni/College? My daughter (also Glasgow student) has to do this every year and then gets sent a zero CT bill. I also usually hand in the form for her so I know it has arrived, but this year I have just sent it in.

    If I was him I would go to the office in John Street and try to get it sorted in person. I have always found them to be helpful.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They've taken the £200 my partner was due back and put it towards settling his old account (even though he owes them no money!!). We sent off proof again a few weeks ago that he was a student during that period and have been told that there's no problem with him. The problem lies with his then flatmate as they still say they have no proof he was a student then. We're still friends with that guy and we're working on getting him to get proof of his student status from then and send it off to the council (but that's another story).

    If the debt was pre 1 april 2004 then a student is as liable as for Council Tax as any other person in the property, after 2004 a student cannot be held liable for council tax if there is a non student also living in the property.
    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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