Council Tax Liability orders

[CleverClogs]

Re: Council Tax Liability orders

Yikes!

Have you paid any Council Tax over the last seven years?

[Fetherston]

Re: Council Tax Liability orders

Yikes!

Have you paid any Council Tax over the last seven years?

Actually, I have. I paid full council tax in one year that they are claiming back benefit they say has been paid!! Council tax was also paid in all the other years. The total amount that they are claiming back is more than the original liability. Its like being in an Alice in Wonderland situation. Their ineptitude has caused me enormous stress.

[Fetherston]

Re: Council Tax Liability orders

Well, my claim for Judicial Review has been issued to day and served on the Magistrates court and the council. Feeling very nervous about doing this on my own so if anyone has any tips???? My appeal has also gone to the Upper Tribunal, so progress is being made and I am sick of the sight of the bailiffs van!:behindsofa:

[outlawlgo]

Re: Council Tax Liability orders

Well, my claim for Judicial Review has been issued to day and served on the Magistrates court and the council. Feeling very nervous about doing this on my own so if anyone has any tips???? My appeal has also gone to the Upper Tribunal, so progress is being made and I am sick of the sight of the bailiffs van!:behindsofa:

Can you say what the Judicial Review and Tribunal appeal are specifically related to. Does the J.R claim relate to the council tax liability orders and the Tribunal to wrongly applying council tax benefit for example?

[Fetherston]

Re: Council Tax Liability orders

Yes, you are absolutely right.

[ploddertom]

Re: Council Tax Liability orders

I would suggest you both work together as you may have relevant information you can share.

[outlawlgo]

Re: Council Tax Liability orders

As a warning, in the Administrative Court's own words in answer to queries about claims for Judicial Review:

"Please note that you should take independent legal advice as to the merits of your claim and the possible costs consequences.

It would be irresponsible then, either to advise or encourage anyone to make a claim for Judicial Review. However I believe you are pursuing this and the wheels already in motion.

You will therefore most likely know which are the relevant Civil Procedure Rules and forms etc., are relevant.

Of relevance for Judicial Review is the Civil Procedure Rule Part 54. The supplementary instructions necessary to comply with this application is Practice Direction 54A.

Notes for guidance on applying for judicial review can be accessed on the justice website. The claim form necessary for permission to apply for judicial review is Form N461.

You will already know this but for anyone else's reference it is expected other possible remedies should have been explored as an alternative to litigation as well as notification given to the defendant of the intention to apply for Judicial Review. This is called the Pre-Action Protocol and has guidance on the MoJ's website.

An example of a completed Claim Form and indexed copies of documents contained in the application, in a Judicial Review claim for mandatory order.

Form EX160 can be use if you are eligible for concessions of Court fees.

There's some information relevant to a Judicial Review claim from post post #122 (Council Tax Test Case), though only the initial procedures.

More general Civil Procedure Rules (Appeals) may be relevant regarding "costs" for example. It might also be worthwhile considering consent orders where I believe there may be scope for both parties agreeing to such things as that the case be determined on the papers (without hearing) or that there be no order as to costs.

[Fetherston]

Re: Council Tax Liability orders

Interestingly neither the council nor the magistrates court have responded to the documents served on them so it goes forward to the next step. I have to say I am surprised to learn that the told the council auditor that it had "nothing to do with them". Head in sand!!!

[Fetherston]

Re: Council Tax Liability orders

Update on this post. The council are now about to issue claims for liability orders for years 2008 - 2012. We were declared bankrupt in 2008 and have been in receipt of Pension Credit ever since but the council have refused to let us claim CTB - so they say full CT is due. We have the letters refusing to allow us to claim benefit etc etc but as the previous time we will not be allowed to speak or give evidence at court. They then intend to use those liability orders to get a charging order on the house ad then force a sale. This is a vendetta if ever there was one but what the hell do I do?? I cant get a solicitor because there is no legal aid for a case like this. We have no law centre in the area and the CAB just threw up their hands in horror. I will not leave my house alive - I have been here forty years.

[Crazy council]

Re: Council Tax Liability orders

Hi

was your bankruptcy after april 1st 2008, if so, they can not charge you for 2008-9.

[bluebottle]

Re: Council Tax Liability orders

Excuse me, but the council cannot stop or prevent you from speaking in court. Not only is what they are trying to do by trying to stop you appearing before the court unlawful, it is potentially illegal also.

I would warn each councillor that if they do not suspend this CEO immediately, you will take steps to have them held personally liable for losses you suffer as a result of the actions of a council officer for whom they hold 100% vicarious-liability. This means they could each face surcharging.