ILR and civil judjment

andretech · Post by **andretech** » Fri Oct 26, 2007 8:07 am

we didn't pay the council tax in full for 2006 - one day got a letter that court hearing alredy took place and we must pay off all the bills + court fee + fine or baileys will pay us a visit. We paid in full straight away.
surely we don't want to include it in the section 7 though .. do we have to ??? they're asking of criminal convictions in the UK or any other country (including traffic offences) or any civil judgments -?
council tax fine is it a civil judjment

paulp · Post by **paulp** » Fri Oct 26, 2007 8:43 am

I don't want to spook you, but failure to pay council tax is a criminal offence and you can go to jail for it.

Post by **John** » Fri Oct 26, 2007 9:21 am

You were issued with a Small Claims Court summons? And then you paid straight away? If so then judgement was not entered against you, so nothing to disclose on the form.

andretech · Post by **andretech** » Fri Oct 26, 2007 9:34 am

paulp wrote:I don't want to spook you, but failure to pay council tax is a criminal offence and you can go to jail for it.

well we didn't reach that stage for sure - as i mentioned before we paid it in full straight away - my question is whether i need to include a council tax fine in my application for ILR??

you know they send the reminders if you don't pay council tax on time - and then tell u that you gotta pay for the whole year not by installments (we didn't pay for 2 months ) .
I didn't opened the envelopes and when opened it said that the court hearing took place and i need to pay Â£100 pound fine - i paid everything the same day .....

andretech · Post by **andretech** » Fri Oct 26, 2007 9:40 am

John wrote:You were issued with a Small Claims Court summons? And then you paid straight away? If so then judgement was not entered against you, so nothing to disclose on the form.

i was issued with a Small Claims Court summons and i as I didn't know about it (opened the envelope after that) i got another letter telling me that a Small Claims Court already took place and i need to pay a fine + court hearing fee (around Â£50) and all council tax bills

I all did the same day

thanks

paulp · Post by **paulp** » Fri Oct 26, 2007 11:00 am

John wrote:You were issued with a Small Claims Court summons? And then you paid straight away? If so then judgement was not entered against you, so nothing to disclose on the form.

John, the court hearing already took place and a fine was issued.

avjones · Post by **avjones** » Fri Oct 26, 2007 1:49 pm

Check it again - are you sure it's a County Court Judgment from the Small Claims track?

With council tax, it's more likely to be an enforcement order from the Magistrates' Court.

andretech · Post by **andretech** » Fri Oct 26, 2007 3:04 pm

avjones wrote:Check it again - are you sure it's a County Court Judgment from the Small Claims track?
With council tax, it's more likely to be an enforcement order from the Magistrates' Court.

many thanks - sry -you're right :

City of Westminster Magistrates' Court granted a liability order agains me for non payment of council tax totaling Â£Â£Â£ including sammons and liablility order costs

i paid it in full and this liability order have not been sent to to the councils bailiffs

shall i include it in the application form for ILR pls ? thank you !!!

paulp · Post by **paulp** » Fri Oct 26, 2007 3:16 pm

avjones wrote:Check it again - are you sure it's a County Court Judgment from the Small Claims track?

With council tax, it's more likely to be an enforcement order from the Magistrates' Court.

Amanda, was it a civil or criminal judgement? I get confused because it's a civil matter dealt with by a criminal court.

avjones · Post by **avjones** » Fri Oct 26, 2007 9:14 pm

Not sure, sorry - I don't think it's either. I'll try to find out.

OL7MAX · Post by **OL7MAX** » Sat Oct 27, 2007 2:23 pm

If so then judgement was not entered against you, so nothing to disclose on the form.

It is my understanding that when you lose a small claims hearing it is an automatic CCJ on your credit file unless you prove to the court that the judgement was settled in full.

I used that to my benefit against a builder who was messing us around. I got three CCJs against him within the space of a month and his suppliers got spooked and withdrew all the credit facilities/credit accounts he had with them. It brought his business to a complete halt.

andretech · Post by **andretech** » Mon Oct 29, 2007 9:38 am

avjones wrote:Not sure, sorry - I don't think it's either. I'll try to find out.

thanks amanda !- it was a Magistrates' Court hearing .. now just wondering if i should mention it in my ILR application form ....
many thanks andrei

avjones · Post by **avjones** » Mon Oct 29, 2007 10:55 am

Better safe than sorry, i reckon. You won't be refused for mentioning it - you did pay ASAP, after all. But concealing it can upset the HO no end!

3crown · Post by **3crown** » Sat Sep 27, 2008 5:59 pm

I'm just browsing SET(M) but we're 18 months away from applying but I'm already worrying about Section 8 & the 'Civil Jugements' section, I do have a CCJ (I'm the British Spouse), hub on 2 year spouse visa. Am I right in thinking so long as the CCJ isn't in HIS name we'll be ok? pls?

quote="andretech"]we didn't pay the council tax in full for 2006 - one day got a letter that court hearing alredy took place and we must pay off all the bills + court fee + fine or baileys will pay us a visit. We paid in full straight away.
surely we don't want to include it in the section 7 though .. do we have to ??? they're asking of criminal convictions in the UK or any other country (including traffic offences) or any civil judgments -?
council tax fine is it a civil judjment[/quote]

paulp · Post by **paulp** » Sat Sep 27, 2008 11:15 pm

Your husband is the applicant and the form is asking about the applicant only.

3crown · Post by **3crown** » Sun Sep 28, 2008 11:25 am

Thank you Paulp

paulp wrote:Your husband is the applicant and the form is asking about the applicant only.

mahin1110 · Post by **mahin1110** » Mon Sep 29, 2008 1:30 am

I received a megistrate court order to pay for my TV licence for which TV licence authority accused me by mistake. I actually had my licence for the period they claimed I did not have. Because of changes of address I never received court summons. Upon reciveing final court order I produced my licence and copies of bank statements showing Direct debit the court order has been withdrawn.

My question is should I mention this in my naturalisation application?

I have spoken to Naturalisation enquiry desk and they suggested me not to mention in the application form, but to provide a covering letter and proof of case withdrawn.

Please advice me.

Many thanks

paulp · Post by **paulp** » Mon Sep 29, 2008 7:50 am

The final court order, was it a fine or instruction to pay the tv licensing agency?

It seems to me that as you've got the supporting documents to prove that it's been withdrawn, you can mention it in the form and write (withdrawn, please see supporting documents) next to it.

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ILR and civil judjment

ILR and civil judjment

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TV licencing fine and naturalisation