Set aside liability order

[Michael8626]

I had a liability order granted against me for council tax. I have applied to the magistrates court in question for the order to be set-aside. I feel i have met the criteria for the court to consider the matter, namely I have an arguable dispute as to the liability of the rate, a procedural error was made and I acted promptly. Also I would have attended court to state this in person but I did not receive a summons. I had lodged an appeal and the liability order was granted before the appeal has been considered (or even looked at).

My appeal to set aside was received by the court three weeks ago and I haven't heard anything since, does anyone know how long they take to consider?

In the meantime the local authority have instructed bailiffs, are they legally entitled to enforce the order ifI have applied for it to be set aside?

I have posted this elsewhere but in the wrong section, sorry for any confusion.

[islandgirl]

Why did you not receive the summons? I have every sympathy as I have similar situation where I do not owe something they say I do...I deal with liability orders in court as a magistrate - they are dealt with in bulk - anyone who turns up usually meets with the council in the corridor and they do not often come before us. Has your appeal been acknowledged? It may be worth writing to the council and telling them an appeal has been submitted just in case

[Michael8626]

Yes, the appeal was sent in and automatically acknowledged three weeks before the liability order was granted. To date I’ve been told it’s not ever been looked at.

How long do magistrates take to consider a set aside request?

[islandgirl]

I doubt we would see it - well I have never seen one - probably done by a District Judge? I would write to the council and tell them and make it clear that they must not send in baliffs