council tax charging order would appreciate some help

[skilganon]

Re: council tax charging order would appreciate some help

Hi kati,

thank you for your reply, yes i have all of the receipts for each payment made.

this is really turning into a total nightmare, i have not been able to get any honest response or any honest actions from the council for the past 3 years,

this is the final straw, i am not going to let this go unchallenged now, i have been trying since 2011 to get the council tax rebate i was entitled to for 11/12 after being on JSA for 3 months up to the time they got their "LB"

no pre action letter received
no summons received
had no idea they had taken the matter to court
had no idea they had an LB for the full amount ?
until bailiffs showed up at the door !!

i have a fair amount of paperwork to back me up with this, they have their charging order, so i now want to challenge the underhanded way in which they have obtained it, all the lies and deceit that has gone on throughout this.

dont know where to start at the minute:tinysmile_cry_t:

[Kati]

Re: council tax charging order would appreciate some help

no pre action letter received
no summons received
had no idea they had taken the matter to court
had no idea they had an LB for the full amount ?
until bailiffs showed up at the door !!

sounds exactly like my previous council :tinysmile_cry_t: - I hope you manage to get your answers x

[Crazy council]

Re: council tax charging order would appreciate some help

Hi skilganon

Am currently dealing with the USLESS F@~@s at teh LGO ( Local Goveremtn ombudsman ) in relation to how councils do not check there systems prior court actions. If i got through some details about there mistakes with you later in the week, do you think you would have time to put a complaint together for them about the councils actions.

Usualy the LGO or usless W'~':'#s but, am putting legal and system pressure on them in relation to them not dealing with these types of complaint properly. And what you describe above hits the nail directly on the head. Back in 2006, when they bankrupted me, i had made full payments on all accounts, but they reported to there solisitor and judge that no payments had been made.

I have been researching there accounts systems, finding were they hide the miss accounted for payments ( your 700 ). Thery are in something called a suspence account. This account has rules around it, specificaly, it has to be checked prior any legal action for unaccounted for payments, and it has to be fully cleared every month ( so no unaccounted for payment floating about ) .

I.e. fighting to turn over LOs is a nightmare,, identifying accounting irregularitys and exposing them, is an easyer way to do it

[skilganon]

Re: council tax charging order would appreciate some help

Hi skilganon

Am currently dealing with the USLESS F@~@s at teh LGO ( Local Goveremtn ombudsman ) in relation to how councils do not check there systems prior court actions. If i got through some details about there mistakes with you later in the week, do you think you would have time to put a complaint together for them about the councils actions.

Usualy the LGO or usless W'~':'#s but, am putting legal and system pressure on them in relation to them not dealing with these types of complaint properly. And what you describe above hits the nail directly on the head. Back in 2006, when they bankrupted me, i had made full payments on all accounts, but they reported to there solisitor and judge that no payments had been made.

I have been researching there accounts systems, finding were they hide the miss accounted for payments ( your 700 ). Thery are in something called a suspence account. This account has rules around it, specificaly, it has to be checked prior any legal action for unaccounted for payments, and it has to be fully cleared every month ( so no unaccounted for payment floating about ) .

I.e. fighting to turn over LOs is a nightmare,, identifying accounting irregularitys and exposing them, is an easyer way to do it

thank you so much for your response CC,

i will do whatever it takes, i have now had enough of all the lies and deceit that i have endured over the past 3 years, i could kick myself for not taking action before now i would be happy to share my story with you, over a period of time which suits you.

i could let you have a copy of my WS that i was going to use in court, that explains quite a lot, i have a lot of paperwork too to back me up.

was thinking of getting a meeting with my local MP and showing him the paperwork i have to prove what the council are doing/have done.

i have had enough now, unfortunately i am not in a position to pay off the balance owing so am in a vulnerable position.

you can contact me at any time will be glad to share my story with you and offer any assistance to your cause:thumb:

[Crazy council]

Re: council tax charging order would appreciate some help

Hi

firslty, i would suggest asking the council and solisitors for a copy of the accounts, but in a special way to stop them sending you an edited printout, without the data you need.

When you make a payment the council, there systems record the date of payments, but also the date of application to your account. This second date, recorded the dates they have been between accounts. I would imagine you missing money has now been put on, but the snakey B~'~;;l;' send you the initial dates. it make it hard to work out. The same systems will also record the notes and responses for transfers .

I will write up ijn the morning the request for you if you want, and you add the dates and stuff..

If any of they payments were not allocated to your correct accounts within time, the 151 officer takes responcability for that, and there regulators are very good. If legal action has been taken against you, without them properly allocating the payments, then the monitoring officer takes responcability ( SRA ).

If they have made significant mistakes in there systems, you simply serve notice on them, giving them 14 days to come to a acceptable settlement with you, or you will go to the regulators.

It all starts with getting your proper account record,, rather than statements and list that they provide you, these look like the accounts but arnt. you will be surprised on what details your actual accounts listing holds

[skilganon]

Re: council tax charging order would appreciate some help

Hi CC,

i understand what you are saying, when they applied for the original order from the county court ( the one i knew absolutely nothing about ) their figures were possibly correct ?

but when they applied for the interim charging order i am not sure if they were correct, i am pretty sure when they applied for the final charging order then the figures they submitted were most certainly incorrect.

and as the judge gave me about 3 weeks from the initial hearing to decide what i wanted to do, the final charging order hearing took place on the 28th august and their figures were MOST DEFINITELY incorrect, i was told by their duty solicitor that the day before the hearing the council had stated that not a penny had been paid towards this debt ??

i would very much appreciate your help in sending a letter, i am supposed to be sending a copy of the 2 agreements i have been using to pay off this debt and sending copy receipts via e mail to their solicitors, is it best that i do this asap ?

one final thing, i have no idea how they have arrived at this sum as i have not received any information regarding this, not even from when they applied to the CC to order me to pay ?

really appreciate your help

[skilganon]

Re: council tax charging order would appreciate some help

Hi all,

well, have now received a court order unmodified , so all the payments i have made have not been given any consideration, this was pointed out in court at the hearing but it was quite obvious the judge wasnt interested in whether i was telling the truth or not, he just wanted to tick the box and move on to the next case.

crazy council, i would like to take you up on your very kind offer to assist in my request for the accounts relating to this debt
i can and will, provide any information you require including documentation.

and any other help or advice anyone can offer

[Crazy council]

Re: council tax charging order would appreciate some help

will write it up this weekend. i dont need any details, its just about wording your request properly

[skilganon]

Re: council tax charging order would appreciate some help

thank you crazy Council,

you would not believe how much we appreciate your help with this,

there has now been a further development with this, we have received a letter from the councils solicitor with a reduced figure and also a threat of further action.

i have been so busy with another court claim this last few days i have not been able to do much about this, i have now submitted a defence for the other claim so now need to give this issue my full attention.

i will update this thread later tonight, i have to leave for work and wont be home until 10pm but will get straight onto it when i get the opportunity.

once again heartfelt thanks.

[skilganon]

Re: council tax charging order would appreciate some help

Hi all,

apologies for not updating this thread until now,

well the council came back with a reduced figure, or their solicitors did, taking off the amount that i had actually paid ( after lying to the court)

i went to the CAB to explain the situation and they offered to do a full income and expenditure form and an official offer to the council and their solicitors based on our current financial situation, which has recently taken a turn for the worst due to my wife being off work with depression and having been paid all sick pay she is allowed. The DWP have informed us she is not entitled to even 1p due to not working for 3 months to take care of her sick mother whilst her father travelled almost 100 miles ( round trip ) per day for 3 months to undergo treatment for prostate cancer.

anyway the cab did an IE and soon found out that we could not even afford to live on what we are earning ( we have a suspended repo order on our home ) but we made an official offer anyway. The council and their solicitors to date have completely ignored this letter.

Also the CAB informed us we are entitled to a reduction on CT due to our financial circumstances so advised us to apply, so we applied, and were given a small but nevertheless helpful rebate for this years CT along with a new 'agreement'.

unfortunately we had to supply the council with our complete life story in paper format to get this tiny rebate.

And here is the reason for my post:

On saturday i received a copy of 2 letters sent by the council to my employer going for 2 attachment of earnings!!!

So the council have kindly used copies of my wage slips i provided to discover who my employer is, such nice people those council people

the council are fully aware that we cannot afford to live on our IE as they have been provided everything, it would seem that they are TOTALLY determined to see us homeless.

despite, at the 1st charging order hearing, a judge and their own council stating that it would be better if i accept the charging order as they could not then use any other enforcement methods against us, save for forcing a sale, they have indeed gone ahead and used another of their enforcement methods.

I am now awaiting my next pay to be greatly reduced and therefore being unable to meet the mortgage and for repossession proceedings to begin

ANYTHING in the form of advice or help would be greatly appreciated

[ploddertom]

Re: council tax charging order would appreciate some help

Depending on what you earn decides how much they can have - if any. You may apply to the Magistrates Court to have the Order reduced or suspended if it is causing financial hardship. Here's an idea of how it works http://www.northampton.gov.uk/info/2...nt-of-earnings

[skilganon]

Re: council tax charging order would appreciate some help

thank you for your reply ploddertom,

so despite being told that once they have the charging order they could not use any other enforcement method, by both their council and a judge at the hearing, this is in fact not the case:shocked:

i will read the link that you have sent:okay:

as a matter of interest you refer to having the order reduced or suspended ?? what order are you referring to ? as the council have ordered my employer to deduct this money themselves, there is no order from the court ?

but then this is how my local council work, they issue their own summons, they issue their own liability orders when you turn up for a hearing they will not let you appear before a magistrate.

they apply to county court without me having the opportunity to appear or defend the case.

and they make false claims and false statements to the court

what chance does anyone have

[ploddertom]

Re: council tax charging order would appreciate some help

You apply to the local Magistrates Court to have this done. No doubt the Council will throw their toys out of the pram as all they are interested in is getting their cash regardless of how it leaves you. You would need a comprehensive I&E to do this - a good one can be had from https://nedcab.cabmoney.org.uk/quickfs.asp . It may be also worth asking the Council what there write off policy is.

[skilganon]

Re: council tax charging order would appreciate some help

Hi ploddertom,

thank you again for your response,

they have in fact had ( the council that is ) a pretty comprehensive IE form already from the CAB on our behalf which clearly shows we cannot afford to even live without some form of help.

to give you an example: we have a suspended repo order on our home so cannot miss a payment;

mortgage payment £504
income ( 4 weekly ) £820

it doesnt take a lot of maths to see what the problem is:

should i use the one submitted to the council ? at least there will be no anomolies ?

what i cant understand is how the council can demand a payment from my employer without an order to do so from the court ? or am i missing something.

they have quoted a number of acts in their request though so i might look up the acts they are quoting and check them out. Not that i dont trust the council to act in honour:laugh:

[skilganon]

Re: council tax charging order would appreciate some help

Hi All,

really need some urgent advice on this one now !!

the council have a charging order on my home, i was told by their solicitor and the judge that i should accept the charging order as they could not use further methods of enforcement. So i accepted without a fight.

the council then applied to my employer for an attachment of earnings, i again did not fight this as i didnt see any point to it the council always get their way!

i have recently changed my job, dec last year .

BUT: today have received an enforcement notice from bristow and suiter, under instructions from the council !!

giving me 2 days to pay £180 and then to pay £170 per week !!!!

i have been charged £75 for the privelege !!!

the council are fully aware that we cannot afford this sort of money, and what happened to not being able to use any further enforcement methods !!!

seems a judge and a solicitor are unaware of the law !!!

please can anyone offer me any further advice !!