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Incredible view of High Court judge in £75 Council Tax costs

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  • #31
    Re: Incredible view of High Court judge in £75 Council Tax costs

    Originally posted by lgfa92 View Post
    The regulations were certainly drafted with the intent that costs can become due before the hearing and can be paid before the hearing.
    I would agree that the regulations provide that costs can become due before the hearing and be paid before the case is brought before the court. However, what this effectively facilitates is an out of court settlement.

    The regulations do not allow for the debtor's council tax account to be increased by an amount deemed by the council to be equal to the costs reasonably incurred, only that the debtor is given the opportunity to pay or tender to the authority an amount (as the high court judgment).

    Additionally, it seems that the reason regulations provide for a sum of costs to be agreed as an out of court settlement is because the statutory instrument is ultra vires the enabling Act:

    Statutory Instrument is ultra vires? – Regulation 34 of Council Tax Regulations

    Comment


    • #32
      Re: Incredible view of High Court judge in £75 Council Tax costs

      Another LGO report (Waltham Forest Borough Council) states at paragraph 5:

      "
      A liability order is a court order confirming the person must pay the council tax and costs. Costs are incurred as soon as the Council issues the summons.

      Comment


      • #33
        Re: Incredible view of High Court judge in £75 Council Tax costs

        Originally posted by outlawlgo View Post
        Article written with what can be detected some sympathy to litigants in person for the unfairness of the system which seems to penalise anyone daring to cut out the expense of appointing a legal representative.

        Taxpayers hit with unjustifiable costs
        The article linked to in the above has completely vanished. The web-page has for some reason, on the browser tab, the Spanish for 'page not found' (no se encontró la página).

        Other sites where the article has been posted have previews only (twitter, facebook). The article began as follows:

        'Some 870 000 individual taxpayers have each received a £100 penalty for late filing of....'

        Anyone have the expertise to be able to find the article (cache content for example) or possibly saved a copy off-line?

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        • #34
          Re: Incredible view of High Court judge in £75 Council Tax costs

          Have asked on the facebook preview. The 870,000 and £100 penalty figures seems to relate to late Self Assessment tax returns in 2016.

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          • #35
            Re: Incredible view of High Court judge in £75 Council Tax costs

            From what I remember, the article used the number of Self Assessment penalties as a figure of comparison with the number of liability orders (and probably the penalty amount). The main theme however was the High Court case.

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