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Liability order unlawful? They know I am a student


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Hi,

 

I'm at my whits end!

 

I took on a flat to rent by myself as a student, but my student status was not confirmed until 31 July.

 

In the mean time, I have been paying the CT like the idiot I am, thinking I would be refunded the money once the uni had got it's finger out and done the paperwork.

 

So I had paid last years up to date and paid this years all but 1/2 of one month when I receive a summons!

 

I found out that this was to happen when I went in to present my student status letter.

 

The deadline for payment (although I had paid anyway...) was 31 July. I went in that day and they stated they had already issued a summons, 1 day BEFORE the due date?

 

Isn't that unlawful?

 

The thing in the lobby, (council worker) assured me on 31 July that as I had paid, (they had mislaid the payments - given me the wrong reference number, I used the property reference instead of the bill No. for my internet payments) AND I am not liable for CT anyway, (being a full time mature student) the case would be put on hold. Hence I did not go to court to defend it. Sneaky!

 

My thoughts are

 

1. The liability order, (For £73!!!) is unlawful as I am a full time student, for which they had proof in the form of the CT exemption certificate on file from 31 July 14 days prior to the order. There is no liablity to pay for this period.

 

2. They actually owe me £500+ of CT I have already paid.

 

3. They admited the summons was generated before the due date, surely and abuse of process and an attempt to gain pecuniary advantage and/or potentially fraud?

 

What can I do about it. I will burn myself alive before I pay the £35 fee they charged for the privalage of loaning them £500 for months, which I did to AVOID this situation in the first place!

 

Can I make a claim against them for maladministration and my costs? The stress is making me quite ill.icon9.gif

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Does your status papers show the actual date you became a student and is that date in the past?

 

Do you meet the following:- undertaken at a prescribed education establishment (eg univeristy, polytechnic or theological college). The course must last for at least one academic or calendar year. Attendance is required 24 weeks a year, for at least 21 hours a week?

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