Local authority making threats to put a charge on a property

[mariejader]

 

 

Please can anyone advise if a charge can be placed on a property by a Local Authority without a Court Order?  

 

 

 

[dx100uk]

yes if you have historic CTAX debt that you've not paid and has been subject to a Liability order and failed bailiff enforcement?

 

dx

[AndyOrch]

Where more than £1,000 is outstanding under liability order(s) and the Council Tax payer has a legal interest in the property, the council may apply to the County Court for a charging order on the property.

 

 An initial application is made to the County Court ‘without notice’ to the taxpayer. It must be issued in the County Court for the district in which the property is situated.

 

Through the council solicitors they will then apply to the County Court for a charging order. Once the court has considered the application and is satisfied with the application, they will make an interim charging order. The court will then fix a hearing date when consideration will be given to the making of a final charging order.

[mariejader]

5 hours ago, dx100uk said:

yes if you have historic CTAX debt that you've not paid and has been subject to a Liability order and failed bailiff enforcement?

 

dx

Thank you can you tell me what a CTAX debt is?  

 

[AndyOrch]

6 minutes ago, mariejader said:

Thank you can you tell me what a CTAX debt is?  

 

 

When you don't pay your Council Tax...which then becomes a Liability Order...and then becomes a Charge on your property for unpaid CTAX

[dx100uk]

assuming this is a CTAX debt?

 

why don't you tell us whats going on please?

 

dx

 

[stu007]

Hi mariejader

 

So far you have given us little information to be able to advise you properly on your question if a Charge can be placed on a property by the Local Authority without a Court Order.

 

The simple answer is if there is Arrears of Council Tax and the Council has then obtained a Liability Order then Yes a Charge on that specific Property can happen.

 

We really need more information from start till now on what has happened for you to ask this question as without this it will be difficult to advise you further.

 

So please help us to help you.

[mariejader]

It's not a council tax charge, it a CIL charge.   It's very complicated and this question I am asking is if for a friend.  Basically like me a mistake had been made on a Planning Application relating to CIL.  Our local council at no stage advised me or him about the error so we did not get the opportunity to correct it until we had gone past the point of basically no return.  I've have posted about my situation before, and due to the bullying and pressure from my local authority had to take a loan out to settle it just short of £25k, I am still fighting to get my money back and am now in debt due to it.  

 

My friend however has not not paid and like me is now getting the threats of bailiffs courts prison etc his debt is over £60k.  We have a letter from Chris Pincher Housing Minister saying the bills can be revised at any time and the council has publicly admitted that had the paper work been completed correctly both our cases would have been ZERO, yet they are still harassing him, for some reason won't take him to court this is six years down the line for both of us.

 

Now they are saying they are going to put a charge on his property but as yet there has been no court dates which is why I asked can a charge be placed on a property by a Local Authority without a Court hearing.

 

I have loads of links to publicly and can provide a link to the Council meeting where the admit our cases would be ZERO if that is any help.

 

 

[honeybee13]

Just to be clear, we're talking about Community Infrastructure Levy?

 

HB

[unclebulgaria67]

Yes they can apply charge against property if a liability order was obtained via Magistrates. But this is an admin process and there is a date set where this action could have been defended.

The Community Infrastructure Levy Regulations 2010

WWW.LEGISLATION.GOV.UK

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Part 11 of the Planning Act 2008 (c. 29) (“the Act”) provides for the imposition of a charge to be known as Community Infrastructure...

 

 

[mariejader]

We are talking about a charge on a property for CIL yes, but the case has not gone to court.

 

My friend has had no notification of any courts at all, so guessing the answer to my original question would be only via the courts which has not happened.

 

[unclebulgaria67]

Yes they need the liability order via Magistrates.

 

The Local Authority issue the paperwork  and it is an admin process done through Magistrates to make it official. 

 

Think your friend needs to make a subject access request to the Local Authority. 

 

Perhaps an error has occured.