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ILR - Council tax summons

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

ILR - Council tax summons

Post by karupalli » Tue Jul 13, 2010 3:28 pm

I am about to apply for ILR and I remembered that two years back I have received court summons for Council tax payment. I have paid the money straght away to avoid going to court. I dont have any details of that with me now (date, etc).

Do I need to mention this in ILR ? Could anybody help/advise please?

karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

no answers yet

Post by karupalli » Tue Jul 13, 2010 9:41 pm

I guess nobody in this situation.. If anybody encountered similar situation please reply me...

I only got summons.. then I paid all the money and council stopped further proceedings. Now ILR application says -

"Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you?"

As my case did not go to court there is no judgement. I am not sure whether getting summons interpreted as judgement... :(

karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

council tax

Post by karupalli » Tue Jul 13, 2010 10:27 pm

Looks like I am in safe situation;

http://www.isitfair.co.uk/Downloads/Not ... g%20CT.doc



Not Paying Council Tax


What is the legal situation regarding non payment of Council Tax?

The following is by a qualified solicitor

The legal situation is that non-payment of Council Tax is not a crime, or anything illegal. It is only a civil matter, and a Liability Order is not a criminal order, not would anyone in receipt of a Liability Order have a criminal record. It does not even amount to a County Court Judgement, and it is not recorded by Registry Trust, which is the Government body responsible for recording County Court Judgements. The only two licensed credit reference agencies - Experian and Equifax - have both confirmed the above, as have Registry Trust.

The following is from the legal department of a local county council

Not paying Council Tax is certainly not a criminal offence and the issue of a liability order at the Magistrates Court does not create a criminal record, nor even does it affect your credit rating, unlike County Court judgements, which do!
 
The remedies for recovery of unpaid Council Tax are:

Attachment of earnings or benefits
Distraint Order (seizure of goods to the value of the debt by bailiffs)
Insolvency proceedings (bankruptcy)
Putting a charge on the debtor’s property
Imprisonment.

Costs are incurred for the issue of the summons (£25.70 currently), more costs are incurred for the issue of the liability (£25.00 currently), more costs are incurred when bailiffs are involved (various), more costs are incurred if committal is sought or a charge is put onto the property or bankruptcy action is taken. These costs vary according to the action taken.
 
The question regarding contempt of court has been referred to the Council's solicitor. However I have not, yet known anyone to be prosecuted for it.

The liability order is not an order to pay. It is an order which gives the holder certain recovery tools, as have already been listed. It would be up to the Council to determine which tool to use, if that proves necessary. However, be aware that some tools are only available after taking other action, for example committal can only be requested after a Distraint Order has proved unsuccessful.

crowbar6
Member of Standing
Posts: 399
Joined: Tue Dec 11, 2007 5:33 pm
Location: London

Post by crowbar6 » Tue Jul 13, 2010 10:46 pm

Yes, you needn't worry. As you were neither convicted nor a judgement passed against you, you do not have to mention the summons in your application.
Regards,
crowbar6

karupalli
Member
Posts: 180
Joined: Thu Nov 16, 2006 7:11 am

got ILR

Post by karupalli » Tue Jul 27, 2010 7:38 pm

Hi,

Just an update.. Got ILR today in craydon. I didn't declare anything. Cheers...

crowbar6
Member of Standing
Posts: 399
Joined: Tue Dec 11, 2007 5:33 pm
Location: London

Re: got ILR

Post by crowbar6 » Tue Jul 27, 2010 9:58 pm

karupalli wrote:Hi,

Just an update.. Got ILR today in craydon. I didn't declare anything. Cheers...
Congratulations! :)
Regards,
crowbar6

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