My council tax summons..

[Consumer dude]

On arrival at the magistrates court one is met by local authority and invited to enter into debate over one's liability for council tax, however no provision is made for a private discussion of such. The other issue that also comes to mind is when I asked to discuss my case, I was told that no notes were available. If this was the case, then why was I invited to discuss things ?

[Ford]

as in that link #68, seems even the courts acknowledge that '...the majority of liability order proceedings may be viewed as a “rubberstamping” exercise without the protection of a full judicial process and with limited rights of appeal...'

[Consumer dude]

I keep chipping away..

[Consumer dude]

On arrival at the magistrates court one is met by local authority and invited to enter into debate over one's liability for council tax, however no provision is made for a private discussion of such. The other issue that also comes to mind is when I asked to discuss my case, I was told that no notes were available. If this was the case, then why was I invited to discuss things ?

 

I have put in an official complaint regarding the above and sent that letter to the council..

[Consumer dude]

I refused to pay there court costs so they cancelled them after I complained..

[sillygirl1]

At the end of the day councils will NOT discuss payment plans with people who have changing circumstances UNLESS they have a liability order - wrong or what?

 

Liability Orders should be made FAR more expensive for the council to obtain, and any amount over X amount be examined by an independant authority to see whether the council have correctly handled the case in the first place, this should also include a benefit check and instant approval of said benefits if a person should receive them (CT and HB ONLY here).

 

Think of how much 'court time' would be freed up doing this and how many hard pressed people will finally get a proper chance of seeing if they really are 'liable for the amount claimed'.

[Ford]

I refused to pay there court costs so they cancelled them after I complained..

 

goodo

 

 

seems that link #68 has gone awol (it was good at the time). did anyone happen to save the info in it?

[outlawla]

goodo

 

 

seems that link #68 has gone awol (it was good at the time). did anyone happen to save the info in it?

 

Don't know whether this is similar....

 

Setting Aside Liability Orders:

 

http://www.sarahrobsonbarrister.co.uk/Legal-Articles.html

 

Scroll about half way down

[Ford]

Don't know whether this is similar....

 

Setting Aside Liability Orders:

 

http://www.sarahrobsonbarrister.co.uk/Legal-Articles.html

 

Scroll about half way down

 

 

it is similar, thankyou

[outlawla]

I found this as well which might be a handy reference:

 

Obtaining a liability order

[Ford]

I found this as well which might be a handy reference:

 

Obtaining a liability order

 

 

cheers (all saved )

[Consumer dude]

I know this is often tallked about but Im still none the wiser. Are council tax costs actually due before attending court or is it something only a court can decide..

[outlawla]

Costs are only enforceable once the local authority has obtained a liability order from the Magistrates' court under the provision of regulation 34(7) or 34(8) of the Council Tax (Administration and Enforcement) Regulations 1992 (Liability order costs).

 

Where summons costs (along with the debt outstanding) under regulation 34(5) are paid or tendered to the authority (before the case is heared) then the application must not be proceeded with and therefore are not ordered by the Magistrates' court. The problem is here – and the reason why the Statutory Instrument must be ultra vires the enabling Act – is that the court has no involvement. Who then decides what costs have been reasonably incurred by the council?

[Consumer dude]

Costs are not the only issue, my local authority has confirmed in writing that council tax summonses are not sent out directly from the court. This feels misleading as the wording at the top of the summons states 'Her majesty's Court & Tribunals service. Am I missing something here ?

[Consumer dude]

Is the fact that the summons I had recently received had the words 'Her majesty's cort & Tribunals service' misleading in anyway as the local authority have confirmed in writing that it is indeed the council that had sent the summons out..

[outlawla]

See this post (post #30), particularly heading 4 (Orders):

 

 

4. Orders

 

The Council's software generates the liability orders. These may be rubber-stamped or pre-printed with the Justices' Clerks signature. There is no requirement for a wet-ink signature. This is for two reasons, set out in the Magistrates' Courts Rules 1981. Firstly, the Rules only require signatures (of any sort) on forms prescribed by the Rules (Rule 109(1)) and a liability order is not prescribed. Even if it were, rule 109(3) states "where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature on the form will suffice....

 

See paragraph 3 under heading 2 (Procedure: Issuing summons)

 

3. Either one copy of the list is returned endorsed to the council and the court retains the other endorsed list, or the court retains a single endorsed list and the council is informed of the outcome (in reality it is extremely unlikely that any summons will not be issued so this does not need to be a detailed notification). The council then print the summonses, pre-printed with the Justices' Clerk's signature, and post them out.

[Consumer dude]

My point is really that the summoms appears to be misleading as it has a heading that would imply it has come directly from the court and yet the summoms has actually not come from the court, as confirmed by the local authority.

[outlawla]

My point is really that the summoms appears to be misleading as it has a heading that would imply it has come directly from the court and yet the summoms has actually not come from the court, as confirmed by the local authority.

 

Can't argue with that. It is misleading.

[Consumer dude]

Can't argue with that. It is misleading.

 

Is that not perjury or somethink else ?

[Consumer dude]

Is it a criminal offence not to send information on request from the local authority following confirmation that the court made a liability order against me..

[EDW2000]

Yes, read the regulations.

[Consumer dude]

Yes, read the regulations.

 

This is interesting, so should I be expected to receive the liability order from the court before hand..

[EDW2000]

no, how much were costs? Did they show you the costs schedule?

[Consumer dude]

Cost were £95.00, that figure was added as court costs and added to summons before hearing.

[EDW2000]

ask council for copy of costs schedule.

 

 

When was the hearing date?