Council Tax/ Exemption Q

[tiggywinkle2009]

Can anyone help please?

 

Due to various circumstances this year, redundancies, general credit crunch issues, we fell behind on our council tax but we are now in a position to pay the full amount off that is outstanding.

 

The issue I have currently is I am a student and in September I sent my exemption certificate to the council by recorded post. The exemption was actioned for October/November then the full amount was (ie 2 persons) reverted to from December.

 

After much too-ing and fro-ing the council said they hadn't received it despite actioning it and me having the electronic proof of delivery.

 

I was told it would be looked into.

 

I didn't hear anything back from the council and I called today to pay in full and was told they wouldn't be applying my student discount :?. I was told because we were in arrears they don't have to action an exemption. This is the first admission I have had verbally that they have had the certificate.

 

I asked why and they just replied 'because you are in arrears' but I want to pay it off now but obviously I do want my student discount to be applied.

 

Can they refuse to apply a discount because we were in arrears? Can I appeal.

 

We don't actually have enough money to pay the full amount back just what it would be with the student discount.

 

Thanks for any advice,

xx

[ss002d6252]

They can't refuse to award a discount/exemption as long as sufficient evidence has been provided that you are a student for the period in question. Council Tax legislation does not set out any deadline for the application of discounts or exemptions.

[tiggywinkle2009]

Thank you, I hoped that was the case.

They're only willing to give me a full balance, not balance with exemption, so I have worked out the discount and I intend to pay them the amount with discount and send them yet another copy of my exemption.

[Pakwaan]

Hope you can help, pls, I've been around the houses trying to get some advice in this one..

 

My local Council is threatening me with Bankruptcy, as they are trying to hold me liable for Council Tax for the period 1997 - 2002.

 

Firstly, they have failed to update their records with details of Tenants who

were resident for the period in question.

 

They seemed to have been issuing penalties and liability orders and sending them to an address with which I have no connection... Someone with a similar name was resident at this address... They assumed it was me..

 

I only found out about all of this in Dec 08, when they seemed to have traced me to my U.K. address... I received a letter from Solicitiors informing of the situation and I decided to firstly contact the Council.. When I challenged the person that their records were not upto, mentioned the Data Protection Act and their obligations..(My understanding is that any information a public organisation holds has to be factually correct and they are obliged to correct any errors) I was told the information was correct to their knowledge......

 

I then asked how I was linked to an address with which I had no connection... The reply was.... oh, we've sorted that matter out now...

 

You'll have to contact our Solicitors and I was duly given their details...

I firstly phoned the Solicitors and advised them I would write to them.. (10th Dec 08). As I live overseas I emailed them questioning liability and raising the above points...

Dear Mr Simon Marks,

I write further to our telephone conversation yesterday afternoon concerning the above property.

I understand your company has been instructed by Coventry City Council to commence proceedings to obtain outstanding Council Tax for period 1997 - 2002.

As mentioned during our brief conversation, I explained the above property was occupiedby tenant(s) who were responsibile for payment of Council Tax. The Council claim theydo not have this information, however this is incorrect as they were kept updated when a tenant moved in/out.

Furthermore, they have failed on numerous occasions to act on instructions in removing inaccurate information relating to my liability and details of tenants resident atthe property. I am yet to receive any acceptable explanation as to how my details werelinked to an address in London, with which I have no connection.

It is quite obvious this matter needs to be resolved amicably and without the need ofmatters being escalated. However, I understand the council is required to follow clearguidelines within a set period of time when pursuing Council Tax claims, when this period lapses, claims cannot be made.

I am currently resident overseas and would appreciate all communication between us to be by email.

 

 

I received an acknowledgement on (11th Dec 08) stating the following:

 

Dear Sir

Thank you for your-e-mail. We will take our client's instructions and respond to you fully in due course

Yours faithfully

Harrison Clark LLP

 

The next response I received from them was (22nd Jan 09) apologising for the delay.

Dear Sir,

With reference to your emailed communication received in December and we apologise for the delay in responding to you.

Our client's Council Tax Department have checked the records that they hold for the property and they have also checked through their Housing Benefits records. They have no details of any tenants at the property prior to 2002 and you will have to produce copies of relevant tenancy agreements for the periods of time that you state there were tenants at the property.

Our clients note that you refer to a period of liability where a manager had emailed you to advise you that the liability was zero but this in fact related to the period 14th June 2002 - 6th October 2002 and not the period relating to the outstanding claim.

We are attaching to this email a copy of our client's statement of account showing how the outstanding Council Tax liability has been calculated and we also enclose copies of the relevant liability orders obtained out of the Coventry Magistrates Court.

Would you please let us have copies of the relevant tenancy agreements and details of the periods of time that the tenants were living at the property within the next 14 days.

Yours faithfully

Harrison Clark

 

 

I then responded with the following reply on (26th Jan 08)

 

 

Dear Mr Simon Marks,

I write to confrim receipt of your email dated

I have been trying to locate the Tenancy Agreements, this is however, likely to take

longer than 14 days, as I am having to search for TA's dating as far back as 10 years.

My understanding is that such documents are only required to be kept for 5 years. Nevertheless, I would appreciate your co-operation whilst I manage this undesirable

search. I will scan and email the signed documents as quickly as possible.

I do find it quite bizarre how the Council Tax department have no record to refer to

and yet requests are being made for me to furnish details. Furthermore, I am yet to

receive an acceptable explanation of how an address in London has been linked

to me.

Thanking you for your co-operation and I look forward to hearing from.

Yours sincerely,

 

I am yet to receive a response from the Solicitor(s)... They seemed to have evaded responding to the DPA and incorrect address issues....

 

 

My questions are:

 

1. Can this be classed as MALADMINISTRATION, as they failed to update their

records and were sending their letters to the wrong address ?

 

2. Am I obliged to provide them Tenancy Agreements, as legally I only need to keep

them for 5 - 6 years. ?

 

3. As the liability orders have been issued for the incorrect address, how can I get them

set aside...? The procedure would be really appreciated

 

4. Can this not be categorised as STATUTE BARRED ?

 

5. If my case is strong, please tell me how I can take the Council Tax department to

the cleaners..?

 

 

 

[Conniff]

Hello Pakawan - sorry you haven't had a response yet.

 

First off, if there is a liability order, then it won't become statute barred.

 

They seemed to have been issuing penalties and liability orders and sending them to an address with which I have no connection... Someone with a similar name was resident at this address... They assumed it was me..

 

Are you saying you have never lived at this address?

 

Are they also saying you are liable for an address that you have lived at and have they given the address for that property?

[Pakwaan]

Hi Connif,

 

I haven't been able to access the site up until today, not sure why.

 

1. The latest statement of account issued on 27th October 2008

does show the address of the debt..

 

The address of the debtor(s) however, is an address not known to me nor

have I had any connection with the address.

 

2. I lived in the property for a short while in 1996

 

3. I have signed copy's of tenancy agreements for the period concerned

 

4. I also have letters which I prepared, signed by the tenant and by me

advising the Council of the new occupant.

 

5. What are the steps I can take to highlight maladministration by the

council, expecially in relation to the linking of an incorrect address.

 

I look forward to hearing from you.