Urgent Help Requested With Council Bailiffs

[Conniff]

The part I am having most difficulty with is if the system is as described there is no point in the time line in which I get to put a defence. I thought in the UK it was an inherent right to put forward a defence.

 

I think if you read back, you will see that all have advised that this isn't a court case, you aren't being charged with anything, this is pure and simple to get a legally endorsed document saying you are liable for council tax. The defence comes if you are 'not' liable and then the judge will listen to you and the council rep and make a decision.

 

As regards your second point in post #24 ref someone else defending. This would not have been about a liability order, the judge has no right to listen to anything about ability to pay or the council not agreeing a payment plan. And because they council wouldn't agree to a payment plan, it don't follow that you are not liable for the tax.

[Banking on change]

These liability orders/court appearances i am sure is to intimidate people to pay and i expect many do pay up after reviving such a letter

 

If they don't pay up the intimidation from bailiffs or the threat of bailiffs makes them pay up

 

It is a con and only the council could come up with it How many million did they put into the Icelandic banks and loose

council tax has to be paid but

the council must think people ask to fall on hard times and loose there jobs ect

 

Hi

 

Very good point! It's a closed shop then with the Council doing just what ever they like. I've said it before but I'm amazed that in this country such a system exists with no right of reply. It has to be against your human rights or some other higher law. I don't mean the Councils right to obtain a liability order as such but more that they can go from yes you are liable, to bailliff action, without any consideration to other circumstances and your right to represent your situation.

 

Conniff I see what you are saying but I'm confussed I guess as to why I'm summoned if there is no reason for me to be there and how the council can go to bailiff action so easily. Yes if tax is due I am liable but they have not yest assessed if the tax is due as they are still processing my request for exemption.

 

And why did they not go for liability order with my friend? Is this a new tactic?

 

He was liable, it was his debt and he owed way more than me.

Could it be that the Council in his area just made a mistake and took the wrong legal route then?

 

Also I thought you said that the majority of the time the council rep will remove you from the list if you turn up requesting to speak to the judge?

[Banking on change]

Sorry Conniff scratch the reason for being summoned. I get it now it could be the wrong person named and therefore defence would be "it's not my liability"

 

Sorry, having meltdown moment as very stressed with this and other stuff at moment.

 

The rest of my post still stands though. And I understand it's a room not a court but that there is a judge who has the power to grant or deny the liability order. I would still argue that the Council have not assessed my liability and that's their error as I have provided the information required to do so.

 

At the very least I would argue that even if they subsequently decide to reject my application they should cancel the added court costs as we are only here due to their negligence.

[id6052]

hello again

 

you have asked how you get to make a legal defense (this can appear complicated as differenexternal bodies deal with disputes): -

 

1. if the legal argument is whether you are the liable person, this can be dealt with through the liability order/magistrates process (but that does not appear to be your area of dispute)
   
2. if (as appears to be the case here) the legal argument is whether you are entitled to an exemption/discount, this is dealt with through an appeal to the Valuation Office Agency
   
3. if the legal argument is whether you are entitled to a council tax benefit, this is dealt with through an appeal to the Tribunals Service
   
4. if the argument is about administrative delays by the Council, this is dealt with by exhausting the Council's complaints process and then pursuing matter through the Local Government Ombudsman
   

In relation to extension to Class C, I was not suggesting this was possible. However from your previous posts, I was unclear what you had asked for and when and I was simply trying to clarify what process you were trying to follow. I hope that makes sense.

[id6052]

In relation to your friend who had a debt quashed by a magistrate, this is sometimes possible at committal stage. i.e. when the Council has exhausted all other methods and applied for committal to prison for non-payment, magistrates may refuse the application and quash the debt if they consider that the debtor cannot pay

[Banking on change]

With regard to the Fraud issue, I would suggest that is a separate issue to the non payment of the Council Tax. The housing benefit office may well be taking action against the party concerned but wouldn't discuss with a third party what they are doing.

 

This issue seems to relate to payment of council tax after the tenant has left and while you are repairing/decorating etc. If you raise a dispute about paying Council Tax that is otherwise due then most councils will require you to pay the appropriate tax while any dispute is looked into.

 

Thanks for your input.

 

I agree the fraud is a separate issue and only mention it to highlight the Councils negligence. They told me they have nothing on file from me about the allegation. I sent it recorded and they have also responded to emails containing the information but not commented on it. How can they say they don't know? Its bull!

 

 

With regard to making payments while they consider the exemption again after several emails they have failed to even recognise my request until we got to the stage of court action. Negligent!

 

In my experience they are lazy and they lie period.

[id6052]

Any developments?

[Banking on change]

Hi All

 

I promised to defend this and report back. I am happy to report I got the whole thing squashed!

 

As it took up my whole working day yesterday due to the court being miles from where I now live I'm playing catch up with work and I'm self employed so I need to get some stuff done pronto.

 

However, I will write up a full report of what happened, what was discussed and the result in the next day or two.

 

If anyone has specific questions that are urgent due to pending case, post them and I'll try to help straight away.

[Conniff]

That's great news Boc, I look forward to your account of what happened. I hope the council employee was given a bloody nose.