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Council Tax Liability Claim

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  • Council Tax Liability Claim

    I've got a council tax liability order,

    I've tried to present that I cannot afford it in these circumstances, there is no money and I'm trying to support my family of 6.

    I need to appeal the liability order could I get some guidance please,

    Thanks
    Tags: None

  • #2
    echat11

    Comment


    • #3
      I doubt you can unless it is wrong. You can make an offer to the council I assume to pay back the arrears and ongoing council tax. Have you been to see them?

      Comment


      • #4
        atticus

        Comment


        • #5
          Did you apply to the council for a Council Tax Reduction before you found you could not afford the council tax?
          Individual councils run their own schemes and can take factors such as income, disability, number of children into account
          You should contact your council urgently to try to agree an arrangement for payments that you can afford
          The council tax liability order is a priority debt and should be paid before credit card debt
          The council can send bailiffs, so act quickly

          Comment


          • #6
            There are only two reasons which allow you to Appeal a Liability Order:

            a) Case stated on a point of law (you must submit within 21 days via the Magistrates Court)Judicial review (within 3 months)

            b) Judicial review (within 3 months)

            Fill in an income and expenditure form.

            https://nedcab.cabmoney.org.uk/

            You can amend the following:

            https://www.citizensadvice.org.uk/de...tors---letter/

            What I would do is fill in an Income and Expenditure form, write a covering letter, explain your circumstances, 6 children, health etc. In the Income and Expenditure form take into account the 'cost of living', energy, food etc. Give yourself a 'buffer'. email it to the Council and the Welfare Officer at the Council. Also give CAB a ring.

            Comment


            • #7
              Hust9876 while it is very kind of you to tag me, this is an area of which I have no knowledge or experience.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by echat11 View Post
                There are only two reasons which allow you to Appeal a Liability Order:

                a) Case stated on a point of law (you must submit within 21 days via the Magistrates Court)Judicial review (within 3 months)

                b) Judicial review (within 3 months)

                Fill in an income and expenditure form.

                https://nedcab.cabmoney.org.uk/

                You can amend the following:

                https://www.citizensadvice.org.uk/de...tors---letter/

                What I would do is fill in an Income and Expenditure form, write a covering letter, explain your circumstances, 6 children, health etc. In the Income and Expenditure form take into account the 'cost of living', energy, food etc. Give yourself a 'buffer'. email it to the Council and the Welfare Officer at the Council. Also give CAB a ring.
                echat11


                thank you for earlier response ; your urgent guidance is needed

                have had 2 council tax liability orders given out despite explain to the magistrate that kids under 10 and preg wife and only uc pays and i have no income

                the orders 5 jun was for past 3 months council tax and on 9 jun was for comming year council tax .

                i have give them the income and expense statement offering to pay 5 a month late last week that i can not afford to pay anymore i am looking for a job

                i handed to the court letter under section 13A on the day of the hearing *handed to the usher who said they will not give confirmation or reciept"

                they still issue the libility order

                the council has passed onto the enforcement equita agents without any communication with me.

                got a txt this morning that case is due to be booked out from 07 jul 5:30 pm

                i am extremely stressed out to the poiint that i can not function or even look for a job.

                i paid council tax till the last point that i could afford without compromising the kids going hungary

                i am looking at filing a judicial review but the pre action letter does not seem to stop them or does it ?

                i know i need to file for stay of enforcement action so can i skip the pre action letter

                i am only on UC so will fill ex160 with judical review and stay from enforcement action

                Comment


                • #9

                  sent on 19 june

                  https://nationaldebtline.org/get-inf...ouncil-tax-ew/
                  with the wording

                  If you do not accept this application, please take this letter as notice of appeal to the Valuation Tribunal for England under section 16 of the Local Government Finance Act 1992.

                  does this count towards pre action

                  @echat11

                  Comment


                  • #10
                    You say you handed the court a letter. Why did you not speak to the council in the corridor and appear before the magistrates? The order for the coming year would have been looked at (and possibly cancelled) and a payment plan discussed (if it had been in my court). There is no guarantee the mags saw the letter.

                    Comment


                    • #11
                      This is something you can't do alone - you need to visit your local CAB office, write a summary of all the events, take that with you. CAB can contact the Council on your behalf. Call them to make sure they can see you.

                      https://www.citizensadvice.org.uk/ab...us/contact-us/

                      Comment

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