How can I overturn a CTAX LO?

[Nurselayer]

A friend of mine has had a Magistrates Liability Order registered against her for non-payment of council tax. She should not have been paying Council Tax in the first place and states that she has never had any court papers through regarding this. The first tht she knew about it was when the DCA letters came through claiming that there is a Magistrates' Liability Order against her.

 

Is there anyway that we can overturn this?

 

I have written to the council (with an appropriate letter of authority) and requested the full details on the 5th February and again on the 1st March but have still not had any response from the council. Is there a legal time limit within which they should have responded to me?

 

Thanks in advance for your help.

[sequenci]

Why should the LO not have been made?

[Nurselayer]

LO should not have been made because:

 

a) she does not owe any council tax

and

b) she never received any notification of any court proceedings.

 

Sorry, did I not make that clear in the original post?

[yaffsimone1]

I thought Council Tax was a civil offence why are the magistrates dealing with it?

[Gingerheid]

Magistrates deal with small council tax and tax debts; it's a quirk in the system.

[yaffsimone1]

Magistrates deal with small council tax and tax debts; it's a quirk in the system.

 

 

Oh thank you. Its amazing what you learn. I thought it was only used for criminal cases hence the question

[Nurselayer]

I think it might also be because you can go to prison for non-payment of council tax. This is quite a drastic action and is usually only applied where a person refuses to pay (you may remember a particular OAP getting sent down when they refused to pay the portion of their council tax that they believed was going to be spent on the war in Iraq) when it happens it often makes the news.

[Nurselayer]

Can anyone help with this please?

[make them aktiv runners]

At a guess some-one with the same name or similar name to your friend had this Order madeagainst them and then moved. The DCA has used credit reference searching tools to try to locate that person and "accidently" picked your friend instead. Scroll down to "Ask Jill" then scroll down to "Why is a debt collector sending demands addressed to an unknown person to my address?" on Experian's website:

Your Credit Report Help Centre, from Experian UK

 

Your friend does not have to prove that she is not the person on the Order to the DCA (but can do if she choses). Go into the council if necessary to get proof that your friend was never taken to court just in case the DCA tries to pursue her further.

[sequenci]

Section 82 of the Local Government Act 2003 and Reg 5 2004 Regs would enable the Local Authority (Not you) to apply to the Magistrate’s Court to quash the Liability Order on the grounds that it should not be made.

If it is apparent that the order could have been made for a lesser amount, The Magistrates Court can substitute the order for a lower amount and add “reasonable” costs.

If you can prove the order should not have been made and yet the authority refuses to have it quashed, you could file a maladministration complaint to the Local Government Ombudsman.

You are going to have to prove to the LA why you feel the LO should not have been made.

[Nurselayer]

The council are (mistakenly) saying that the council tax is owed and are unlikely to apply to overturn the Liability Order. However, surely the court/council should have sent legal documents advising of a court appearance?

[sequenci]

The council are (mistakenly) saying that the council tax is owed and are unlikely to apply to overturn the Liability Order. However, surely the court/council should have sent legal documents advising of a court appearance?

 

you should of received something, however it will be your word against theres and unlikely to make much difference. why isn't the money owed, if i may ask?

[Nurselayer]

She was being housed in Bed and Breakfast accomodation that was "all inclusive" at the time. During the interviews (at which I was present) the council officer advised her that apart from her rent there would be no bills to pay. Similarly on her contract it states - "all inclusive".

 

The only other possibility is that the landlord may have taken the post and not advised her of it. Either way, she never got a chance to have her side heard in court.

[sequenci]

you will need to send all evidence of this to the LA.

[Nurselayer]

Is there no way I can apply to the court myself?

[powelll]

Unfortunately not as the LO has already been made. You need to go via the LA. If you find them especially unhelpful/obnoxious etc etc you can approach your local councillor or the Local Government Ombudsman