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Received a letter out of the blue 4 months ago saying I owe £900 for council tax for past 2 financial years.

 

I was at the time working part time and claiming HB & CTB as well as Tax Credits.

 

Council have now decided they overpaid me for these 2 years and want me to pay them back.

 

Wrote an appeal against the decision which they declined, re-appealed and the matter has now been referred to a tribunal.

 

Just received a court summons today for next Thursday. Council are requesting a charging order for the outstanding council tax.

 

Can they take me to court while liability is still being investigated and going to tribunal?

 

How should I proceed?

 

DJ

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Liability is not still being investigated. You are liable for Council Tax for the period anyone getting CTB is still liable for the Council Tax it's just that it is paid for them because they are on a low income.

 

A liability hearing just decides whether the person was/is liable it does not look at the reasons why the money has not been paid or whether there are Benefit issues, etc. Unfortunately, a problem with CTB will usually not be seen as a reason to stop the hearing.

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