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ss002d6252

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ss002d6252 last won the day on February 23 2020

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  1. For a council tax AOE they just have to send it to whoever appears to be the employer, there's no requirement in council tax legislation for them to take extra steps to confirm that a person is still employed. They do not have the ability to verify employment with HMRC for council tax attachment of earnings. The N56 form does not apply for council tax purposes.
  2. For Wales it is, due to them abolishing it, but the same legal arguments would apply in England - I've not come across any cases where the Woolcock matter has made any difference as the courts are being far more careful than they were. If I remember rightly the Welsh courts were handing down proportionally more committal/suspended committal cases than in England. Craig
  3. Wilful refusal or Culpable Neglect. The Woolcock case was an error by the Magistrates on the basis that they did not undertake a means enquiry prior to issuing the original suspended sentence. If that had been carried out correctly the situation may well have ended up with a sentencing exercise that was legal on the facts as the court saw them. We'll never fully know though as the case was thrown out by the higher courts without being remitted back for another hearing.
  4. True, but as he's using an English authority, Havant, imprisonment is still an option
  5. What usually happens, and I've seen more than a few in my years working in council tax, is that they make a fuss right up until enforcement action is taken and then they disappear off in to the ether without any further updates. Typically because their master plan has failed and the council have bankrupted them or they've ended up with a suspended sentence hanging over them.
  6. A Scottish council tax charge can be appealed to the Valuation Appeals Committee - Regulation 22 of the The Council Tax (Alteration of Lists and Appeals) (Scotland) Regulations 1993 sets out the statutory time limes. The fact that it may have been paid and/or enforcement action taken does not prevent the substantive liability being disputed.
  7. Unless an appeal is made within the 6 months time limit then all you can do is to ask them to review the band - outside the 6 months there is no formal right to appeal their decision if the decline your request.
  8. It makes no difference at all as he isn't resident - it would only make a difference if the house was to become empty (and then non-resident joint owners become liable). Yes - they have confirmed it was wrong (told you so ) Yes , but they it appears they want to write off the balance to settle the account No Unlikely but you could ask. Only the LGO would have the powers to actually 'suggest' compensation and that would be unlikely where the council are already offering to write off the balance.
  9. A summons must be issued at least 14 days prior to the date of the hearing.
  10. If she's not longer resident then she is no longer liable for any council tax charge on the property whilst it is occupied by you. Is she actually named on the tenancy as a joint tenant ? I've never heard of the tenancy being given in two names but only one party contracting to actually pay the rent.
  11. The fact that they have an email address is immaterial as it's not a contact method they are required to use. In January you received a notice from the council - did you contact them to make an arrangement or have you simply left it from then to now without any action ? Do you mean 14 August ? You mention they handed you a notice - I would suspect that was possibly your 7 day notice - do you have a copy of it you can post (obscuring identifiable details).
  12. To do you so you would need to ensure you follow the correct statutory process - My day job is dealing with council tax appeals and disputes against councils. One thing I do find is that some councils are far more difficult to work with than others, some I manage to resolve before tribunal quite easily, some will fight it all the way. It all depends on how far the council want to push the issue and how entrenched they are in their view (the council only have to say that they don't believe you qualify, they only have to state their case if it was for a tribunal). To me though, You do se
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