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    • I have been told by the council and welfare rights again because I receive £64. and my partner £168 state pension we aren't entitled to help with the rent and that I would have to pay from the carers £79 per week rent payments and that we couldn't claim universal credit as they would also tell us we aren't entitled. I'm at my wits end as by the time we pay full rent and council tax along with bills and food we aren't going to manage. 
    • I emailed the Information Comissioner's Office for clarification. I explained the above and asked them if the DPA applies to firms.   To my surprise,  they phoned me today. Lloyd bank's policy of refusing to release information about corporate (ie business accounts) is incorrect. The fellow at the ICO told me I am legally entitled to ask my own bank to insist that Lloyds provide them with the info that I want. I cannot remember the name of the protocol but when i phoned my bank and explained that I had spoken to the ICO, my bank's operative spoke to a superior and confirmed that they would now start the ball rolling.dd 
    • I can instruct my dog to sit if it does is another matter.   it this octo themselves or another co ..who?   does it mention the pre action protocol and contain a reply pack? if not safe to ignore    dx  
    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
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I paid Council Tax as a student! - ** REFUND RECEIVED **

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This was quite a while ago. I've been going though my 2005 statements due to a problem with bank and have realised that I paid at least £600 of c/tax within a 5-month period. I was a full-time student at the time. Were students exempt from c/tax at this time? If so, what are the chances of recovering the sums paid?

 

Thanks

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Yes student exemption existed in 2005. Can you recover it? I suspect not, but you could contact the council and ask. Have you got evidence, other than your bank statements, of what your council tax was? And that you were a full time student? And who else lived in the property? And whether they were also full time students?

 

From a quick look online it seems that you can go back that far if your claim is that the house was placed in the wrong Band, but that it's up to individual councils how far you can go back if you failed to claim an exemption or discount.

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OK thanks, I'll report back on any progress.

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This was quite a while ago. I've been going though my 2005 statements due to a problem with bank and have realised that I paid at least £600 of c/tax within a 5-month period. I was a full-time student at the time. Were students exempt from c/tax at this time? If so, what are the chances of recovering the sums paid?

 

Thanks

 

In England and Wales there is nothing itself within council tax itself to prevent a discount or exemption being backdated. There has been some argument by councils using s9 of the limitation act 1980 to try and prevent it, these are cases that usually end up at a valuation tribunal for a decison.

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That is encouraging. Thanks!.

 

However, the council don't seem to be the problem. The university I was at has a policy of recording what it calls "Continuing" postgrad students as part-time even when they are not and sending that information on to the council. This issue is apparently ongoing even after all these years.

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Well you can prove orherwise so why is that aproblem?


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The university tell the council that a student on continuation status is effectively a part time student even though that was not the case. I was studying more than full time hours. The council require proof from the university of full time student status. The uni give you a continuation status sheet to give them.

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The issue you have is that it is the course which defines whether or not you qualify, not the actual hours of study undertaken. Off the top of my head, it's para 4(1) of Part 2 of Schedule 1 of the Council Tax (Discount Disregards) Order 1992 you need - bearing in mind that para 4 was amended on 2011 so, I think, it;s now 4(1)(a), (b)(i) and (ii) rather than 4(1)(a),(b) and © which sets the hours requirement but the comments made in Jagoo v Bristol City sums up a situation similar to yours:

 

(Jagoo's course required 20 hours p/w but she did more than that due to her disability - the court found that disability was immaterial, the wording of the legislation in para 4(1)(b)(ii) was the deciding factor.)

"Secondly, the legislation applies or withholds the student exemption on the basis of the normal requirements of the course. On the (limited) evidence in this case, the normal requirements of the course were for 20 hours of study per week. The extra support to which the Appellant was entitled was not a requirement of her as an individual, still less one of the normal requirements of the course. Even assuming that in every other respect the Appellant might be able to bring herself within the terms of paragraph 4, she was accordingly prevented by paragraph 4(1)(b)(ii) from being a person undertaking "a full-time course of education". The Respondent (and the VTE) did not treat her differently from other students on the same course: she, like her fellow-students, was treated as a person undertaking a part-time course. Like her, other students were so treated even if they in fact devoted more than 21 hours per week to their studies"

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Off the top of my head, it's para 4(1) of Part 2 of Schedule 1 of the Council Tax (Discount Disregards) Order 1992 you need - bearing in mind that para 4 was amended on 2011 so, I think, it;s now 4(1)(a), (b)(i) and (ii) rather than 4(1)(a),(b) and © which sets the hours requirement

 

. ……...:-):-):-):-):-)

 

 

 

The issue you have is that it is the course which defines whether or not you qualify, not the actual hours of study undertaken. Off the top of my head, it's para 4(1) of Part 2 of Schedule 1 of the Council Tax (Discount Disregards) Order 1992 you need - bearing in mind that para 4 was amended on 2011 so, I think, it;s now 4(1)(a), (b)(i) and (ii) rather than 4(1)(a),(b) and © which sets the hours requirement but the comments made in Jagoo v Bristol City sums up a situation similar to yours:

 

(Jagoo's course required 20 hours p/w but she did more than that due to her disability - the court found that disability was immaterial, the wording of the legislation in para 4(1)(b)(ii) was the deciding factor.)

 

 

I didn't know that. Probably not relevant here, but I wonder how they decide how many hours a week are "the normal requirements" of a course for post-graduate research degrees? Studying for PhD for example. Just curious.

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I didn't know that. Probably not relevant here, but I wonder how they decide how many hours a week are "the normal requirements" of a course for post-graduate research degrees? Studying for PhD for example. Just curious.

It has caused issues in the past in respect of council tax and on the case of Feller it was accepted that the student was clearly undertaking more than 21 hours,even though there was no specific hours written to the PhD requirements (the council conceded that 21hrs+ for a PhD course would be reasonable). The problem with Feller is that Judge seemed to step over the full reasoning for stating the hours requirement was met, he never really went in to why he thought the course meet the full-time hours requirement, even though on the face of it it doesn't. I know there are some tribunals who have bypassed Feller by distinguishing the case, presumably to bypass that argument.

 

In Jagoo, which was a degree course, her course set the hours so there was something to relate to. Her required hours were set at 20, but she was doing 21+ on the basis she needed extra time due to a disability. The court held that it was course description which mattered, and that didn't require 21+ hrs (even if she did more hours) so she did not qualify.

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the college register you as a full time student so that is what you are even if staying at home writing up. Work behind the union bar to earn a few bob? so what. If it is your 15th year of writing up then the council may well wnat to know about your hours and what else you are doing with your time

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Thanks Eric's brother

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Sorted! I received a refund for the overpaid council tax with no issues.

Thanks a million for the help.

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Brilliant! Thank you for letting us know, I'll amend your thread title to reflect the result. :D

 

HB


Illegitimi non carborundum

 

 

 

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hey glad we could help

 

please consider a donation to keep us here.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Already done. Thanks.

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:yo::yo:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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