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    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
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In July of this year I moved address and notified the council tax department accordingly. I own the property I moved from but informed them that I was living elsewhere in the UK. Over a month later, I received an email from somebody withing the department, asking for further information which I replied to the day after.

 

On 11th October, I received a reply saying that a summons had been issued but would be withdrawn as all the correspondence had been sent to the old address and that a revised bill should be received at my new address in the next few days.

 

I then get a summons sent to the new address (before receiving a new bill) which they now will not withdraw!

 

Which defence do I use? The one that seems to apply on the back of the summons is 'the amount has not been asked for in the way set out by law' but I can't find any details of this.

 

I would really appreciate some help as the court hearing is for 9th November and also, can I request for the hearing to be at a local court to where I live now?

 

Many thanks

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In July of this year I moved address and notified the council tax department accordingly. I own the property I moved from but informed them that I was living elsewhere in the UK. Over a month later, I received an email from somebody withing the department, asking for further information which I replied to the day after.

 

On 11th October, I received a reply saying that a summons had been issued but would be withdrawn as all the correspondence had been sent to the old address and that a revised bill should be received at my new address in the next few days.

 

I then get a summons sent to the new address (before receiving a new bill) which they now will not withdraw!

 

Which defence do I use? The one that seems to apply on the back of the summons is 'the amount has not been asked for in the way set out by law' but I can't find any details of this.

 

I would really appreciate some help as the court hearing is for 9th November and also, can I request for the hearing to be at a local court to where I live now?

 

Many thanks

 

There are no 'specified' defences as such in council tax law - as far as defences go a magistrate cannot consider anything which would fall under the jurisdiction of the valuation tribunal. Any dispute over the issuing of documentation and whether the legislative process has been followed in this certainly falls within the remit of the magistrate however and not that of the tribunal.

 

The council's argument will likely be that all documents were correctly served at the time to the last known address and that, as they have just been informed, they re-issued the summons to ensure it was served. You would need to argue that the summons cannot be correct as the documents it is based on, the demand notice and reminder, were not served correctly as the address was wrong.

 

I would expect that the magistrates would side with the council unless you can show the council knew they were not sending documents to the last known address - service just requires it to be sent to that address. It would be difficult to argue that service was wrong on the basis of information that was provided only after the event (which is what they seem to believe) however you have a good argument if you can show you notified them of the address changed and documents were issued after that date.

 

You would, at least initially, be better off contacting the council and arguing that they'd told you it would be withdrawn and the action re-started. Also raise the issue of the address having been provided and not used.

 

 

I would really appreciate some help as the court hearing is for 9th November and also, can I request for the hearing to be at a local court to where I live now?

In all the years I worked in council tax I've never known a case to transferred to another court (or even for it to be requested), I'm not even sure if there is a procedure for it to be done as council tax is an odd bedfellow with the magistrates' court when it comes to procedure.

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