mrlookforward
11 years ago
First of all, let me make it clear, it is your responsibility to update council if you move house or any circumstances change. Until you inform the council that you are moving out of a certain property, you are responsible for liabilities on that property.

You have to ask council if they have order against you. Clear the issue fully with council.

Only a council tax liability order on its own will not ruin your ILR application, but not abiding by the liability order will cause trouble.

Final advice: Sort it out with council and agree a payment plan with them if you are liable. Don't try to be oversmart or clever to avoid paying what you owe to council.

regards
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lifeintheuktest
11 years ago
Thank you so much for your reply Mr lookforward.

It was simply me being careless, I thought I was on a student visa plus the fact that the council did send me a letter granting exemption until my tendency agreement was finished. 

Like I said I never had the intention to avoid it, I will for sure sort it out with the council asap. The council is now getting a confirmation from my ex landlord to confirm I did move out and will recalculate the amount I owe, and I will then settle the payment in full at once. 

The gentleman who I spoke with on phone said any debt recovery action will be withdrawn, once they have the confirmation from my ex landlord... does it mean the liability order (if it was granted) will be set aside? Do I have to declare it under 9.3 on my ILR application under 'civil judgement'? 

Sorry for firing all these questions ! Thanks for your time, your advise will be very much appreciated 🙂  
mrlookforward
11 years ago
Liability order can and will not be set aside automatically. An application will have to be made to court. I am still baffled that how you cannot find out if there is a liability order against you or not. When you ring council, they can tell you in black and white in one second if they have a liability order against you or not.

Once again, you must sort it out with council to their satisfaction, and if you owe them any money, then either pay the full amount or come to an arrangement with council about paying in instalments. If it is established that you were not liable to pay council tax on property, then contact the court to ask about the procedure to set aside liability order.

Once again, sort it out with council.

Yes, a liability order will need to be declared under "civil judgement".

regards

lifeintheuktest
11 years ago
Thank you for your answer again Mr Lookforward.

The gentleman from the council told me there was a summons, however I dont understand why he wouldnt give me the definitive answer when I asked if there was a liability order against me. He just said 'to put my mind at ease', once the landlord has confirmed I did move out, the debt recovery actions will be withdrawn.... I actually havent received any letter after I have moved


I promise if any amount was owed, it will be sorted out in full amount at once.

Best regards

lifeintheuktest
11 years ago
Hi everyone, 

I saw on the internet somewhere, about a summons for non payment of Council tax is not a problem for an ILR application until one gets a liability order... 

I just wondered if anyone can offer me some advice on this; 

I am currently on a spouse visa. I have recently been passed on some old letters from my old address (where I left in Jan 2012) and found reminders of council tax bills as well as a summons!! 

I wasnt aware of any council tax liability as I was on a full time student when I was living there. I rang the council today and was told my account wasnt closed until Sep 2012 and my student exemption only last until Nov 2011, so it shows on their system that I owe them over a thousand pounds. The lady told me to update my record using the online system and submit prove of my tendency agreement etc and I will then get an update of the balance. I asked if the council has taken any legal action against me, she answered no. Despite the fact that her answer was no, I found a summons.. which I believe is one kind of legal actions? 

I have no intention to ignore any tax if I was liable and I will make sure I pay whatever is outstanding, once they have correct my details on their system with the correct amount. I just wanted to know if there was any liability order granted against me, is it likely to ruin my application for ILR? 
And how would I find out if there was any LO issued to me? I moved out so long ago and I havent received any letters after I have moved... 

I hope someone can kindly advise on this and it will be much appreciated ! I am so stressed out .... THANKSSSS