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    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
    • Sleep apnoea: used to require the condition  to be “completely” controlled Sometime before June 2013 DVLA changed it to "adequately" controlled. I have to disagree with MitM regarding the effect of informing DVLA and S.88 A diagnosis of sleep apnoea doesn't mean a licence wont be granted, and, indeed, here it was. If the father sought medical advice (did he?) : this is precisely where S.88 applies https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf p.4 for “new medical condition” It is shakier ground if the opinion of a healthcare professional wasn’t sought. in that case it is on the driver to state they believed they met the medical standard to drive. However, the fact the licence was then later granted can be used to be persuasive that the driver’s belief they met the standard was correct. What was the other condition? And, just to confirm, at no point did DVLA say the licence was revoked / application refused? I’d be asking DVLA Drivers’ Medical Group why they believe S.88 doesn’t apply. S.88 only applies for the UK, incidentally. If your licence has expired and you meet the conditions for S.88 you can drive in the U.K., but not outside the U.K. 
    • So you think not pay until DN then pay something to the oc to delay selling to dcas?    then go from there? 
    • think about it, if you don't pay the full amount, what more can they do , default you  they've already registered a default notice by that point.  why have you got to await sale to a DCA.... for what?  
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No council tax banding


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Hi apologies if this is posted in the wrong section but my question is kind of related to credit files.

 

I recently moved home to a new rented property.

 

My landlord who I know quite well told me they would pay my council tax for me. It is in my contract that I am not responsible for council tax which is great. Then when checking around for example for new energy suppliers I noticed some of them could not find my address on the drop down box after putting in my post code. No problem as I just enter addresses manually when needed. But found it a bit strange as the house is less than 30 years old but all other houses on my street come up.

 

I then owed a final payment for council tax from my previous address no problem I will clear it. Then I was curious how much the council tax is for my new rental property and went to check the band and it shows as deleted. The house is not under repair - its totally liveable and in very good condition and was previously used as holiday lets before I moved in.

 

Question is

why would it show as deleted and will this have any affect on my credit rating ? Because of the house not having a council tax band. I have applied to get on electoral role here and that is currently being processed. Im sure my landlord is not up to anything dodgy as they are very well off - own a number of properties and so on. Anyone know what this means or if it would affect me in anyway thanks )

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Have you checked whether your property is on the Royal Mail Postcode Address File [PAF]? That is the definitive list of UK properties addresss used by just about everyone else. Easiest way to check is enter your address on the Royal Mail Postcode Finder and see what comes up.

 

Postcode Finder - Find an address | Royal Mail Group Ltd

 

If it isn't there you can report it to Royal Mail and get it added.

 

Report an incorrect or missing address | Royal Mail Group Ltd

 

It shouldn't affect you credit rating because of council tax because you aren't liable to pay it. If the council's electoral services say they can't put you on the Electoral Register that would definitely make it difficult to get credit. And if potential lenders can't find you on the PAF they might also decline to lend.

 

So if not on PAF report that to Royal Mail asap and get it put on.

 

Is where you live a whole house or is it a house that has been subdivided into flats? Sometimes a previous owner has created a separate flat in part of the premises and decided themselves to give it a new number. Eg the house is number 12 in the street and owner called the flat 12A but the owner never notified that to the local council or Royal Mail.  Although postie will still make post deliveries it then won't be in PAF.

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Hi I checked and my address is on PAF and listed.

Its a house not flats no other tenants. So far my change of address for the Electoral register is being processed got notifaction of that the other day.

 

I did double check my contract and clearly states landlord will pay council tax (and tv licence)

just strange the banding shows as being deleted. Maybe they get billed at there other address they live at in my City.

 

But if it dont affect my credit rate or future credit applications then all good. thanks for your reply.

 

 

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It's on PAF so as far as credit is concerned lenders can verify your address against PAF and so that shouldn't cause you any problem.

 

Council tax isn't your problem as you have a signed contract confirming the landlord is paying it.  It's possible the change of use from holiday let to domestic dwellinghouse has required banding to be reviewed. As a holiday let maybe it was paying business rates not CT?

 

Just bear in mind that in law the person primarily responsible for paying both Council Tax and TV licence is the resident/occupier of the house, not the non-resident landlord. So if the landlord fails to pay CT/TVL it is you who would be in the firing line initially.  So you might want to ask the Landlord to confirm that they have in fact paid them.

 

 

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Yes im aware im responsible but they have assured me they are paying it. And knowing what I do of them they have no reason not to pay - they are very stable financially both working in legal related occupations.

 

The banding shows as last being updated 2011 around the time the property became a holiday let. So dont know maybe I will ask them again to clarify. Thanks for your replies

Edited by dx100uk
unnecessary previous post quote removed
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2 minutes ago, Ethel Street said:

Sounds like it became liable for buisness rates not CT in 2011 and the owner will now have to go through the process of getting it banded for CT again. 

 

Yes I think your right I remember they did tell me they had written to the council last month informing them that they would paying Ctax and not the tenant. Think that is the answer and makes sense ) cheers

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Hi

 

Just to add my air of caution here as the landlord may have mentioned they were informing the council they would pay council tax but you actually have no evidence of that bar it written in your tenancy agreement.

 

As has been previously stated it is you that is responsible for checking whether you pay council tax and tv licence not the landlord.

 

My advice is I would contact the Council and inform them of the date you moved in and whether you are liable for council tax as you tenancy agreement states landlord pay this and you want clarification. (checking is very simple and also covers your back but make sure to get that clarification from the council in writing and keep it safe)

 

I would say to anyone that has that written on any tenancy agreement that landlord pays council tax to always check yourself with the council and get their response in writing as it is your legal responsibility to check if you pay council tax not the landlord.

 

 

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