Council Tax court notice - ILR

[kodamvijay]

Hi

I'm planning to apply for my ILR next week in person and I got a issue.

I was in newcastle between Nov 2008 and Dec 2009 and I paid the council tax until sep 2009. In Dec 2009 I vacated that property and went to India , came back after 2 months in Feb 2010 to Portsmouth and completely forgot about the council tax until a debt recovery agency (Rossendales) contacted me to pay the bill in Mid 2011. Before transfering the debt to Rossendales, Newcastle council had filed it in the court and court has sent some notices about it to my old address at Newcastle. I saw those notices later but I don't have them now. I paid the complete bill including the Rossendales fee immediately. But , as you can see there is a court notice on my name.

I'm applying through a immigration solicitor and he adviced me to declare this in the convictions section as it would be considered as serious offense if I don't mention it and UKBA finds it during processing my application.

Has anybody faced such scenario ? and what are the chances of this causing a problem with my ILR? is it mandatory to mention it or declare it actually?

The other thing is this council tax was a joint account, me and my friend. But for some reason Rossendales only contacted me and I paid it. My friend applied for ILR a month ago and he said he didn't mention anything about it when he was applyin and he got ILR now.

Any suggestions and ideas as how to procees is really helpful

[kodamvijay]

Can somebody please advise

[mulderpf]

Don't put this in the convictions section, unless it was a conviction. (That advice is the same as the guy telling you to write your surname when they ask for your date of birth - relevant, but in the wrong place!!!).

If this led to a civil judgment being made against you, then definitely declare it, don't hide it.

It you don't have a judgment against you, then personally I wouldn't declare it, but if you really want, then just put it in a covering letter saying that you need to inform them of this, but there's no space on the form for it.

[aju2012]

Hi,

Is it also depends upon amount of Council Tax ?? What is the meaning of bailiff is some sort of court judjement ??

Thanks

Aju

[kodamvijay]

Hi mulderpf,

I won't mention it in the Convictions section. But questions 7.3 and 7.4 of the set (o) form clearly asks about them:

do you or any dependants who are applying with you have any civil judgments against you or any civil penalty under the UK Immigration Acts

and Like I said I don't exactly remember the details of the 'court notice' as I don't have it now. So I don't know whether it's a judgement against me. I spoke to Newcastle City council office just now and they kind of advised what might have happened during that time which I've briefed below

1. Newcastle council tax office got Liability order from the court against me to collect the debt and after some time/notices it was transfered to a debt recovery agency, in my case it's Rossendales who got in touch with me to collect the unpaid bill

2. The court also might have sent 'summons' to me (that's what they call it, they not sure that's an equivalent of 'civil judgement or a civil penality under UK immigration act' )

I've contacted Rossendales aswell for a receipt now. I'll be getting it probably in next 2-3 days, just to show that I've paid it now

aju2012 - The total amount was around £400(including Rossendales fees). But do you think the amount would affect the scenario

I know i'm not providing much info about the court notice because I don't have it now, which may also implicitly mean it's better to declare it.

But i need all of yours experts advise as what is the best way to project this and whether a unpaid council tax can lead to a civil penality or judgement. is a court summon equivalent of civil judgement or a civil penality under UK immigration act. is there a link as where UKBA states what falls under civil penalities or civil judgements. I also heard of some things gets 'expired', because this happened 2-3 years ago, ould it be expired by now.

[kodamvijay]

I got my ILR approved yesterday.

I've declared this as a civil penality, added some proofs to show that it's been paid in full already.

My wife was also having a late payment which led to again some debt recovery agency getting in contact with us. I've declared this also

As I understand, as long as the payment is done before the court treats as criminal conviction and we declare the penality there is no issue.

It's only when it becomes a criminal conviction, the ILR might be an issue. and for such realtively small payments I don't think it would led to a criminal case.

But I would strongly advice to declare this in the application

[aju2012]

Hi kodamvijay,

Many congratulations on getting ILR approved. Even I have one out standing council tax bill for previous address, but really don't
Know for how much amount ?? And could you please tell me if I only declare and don't pay is it ok for Tier 1 Extension ??


Thanks,

Aju

[kpk1234]

Hi
i think i may have civil judgement. i have not paid a council tax back in 2008 and I am not if council took it further. Is there anyway we can find if I have any civil judgement as i am due to apply for ILR soon.


Thanks

[kodamvijay]

Hi aju2012

For Extn, I don't think they would consider this as a 'reason for rejection'. But if you have plans to apply for ILR sort that out asap because as the times passes the situation will get worse. Please do your own research and don't go by my words

Hi kpk1234

I would assume the council might have proceeded legally and because it happened is 2008, it might have even gone to a Debt recovery agency by now. But I'm not sure how can you find out about a civil penality or judgement. One of my friend said it would appear in your credit report if it's in the last 6 yrs, check with any credit history like Experian