Legal Procedure for Liability Hearing for Non-Payment of Council Tax

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

The landlord is the Council. There has been issue of a notice - something to do with seeking the possession order - will get back to you on this tomorrow with the actual form details.

And thanks for the concern.

It was a Notice of Seeking Possession - Housing Act 1985 Section 83, the Certificate of Service being unsigned.

[labman]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

It was a Notice of Seeking Possession - Housing Act 1985 Section 83, the Certificate of Service being unsigned.

Also as a result of the Housing Benefit issue?

FWIW, I can see you're not FMOTL - as I said earlier I admire you for taking this on, but I've been here too many times, and much as I would love you to prove me wrong, I honestly don't think you'll get anywhere. You have my admiration for trying though.

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

Also as a result of the Housing Benefit issue?

Yes. An order was also asked for preventing such action (possession proceedings) - their defence (or rather Acknowledgement of Service - I guess because it's a Part 8) says they haven't actually started those proceedings.

[Inca]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

I sense FMOTL?

There's a shocker......:noidea: ..........I was wrong

[PlanB]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

An order was also asked for preventing such action (possession proceedings) - their defence (or rather Acknowledgement of Service - I guess because it's a Part 8) says they haven't actually started those proceedings.

There are a lot of hoops the council will have to jump through before they can take possession of a secure tenancy. While rent arrears may be a reason the court should not allow it if you have an outstanding claim for HB and you may be entitled to it. Hopefully while your situation remains in limbo there's not a lot the council can do.

But keep an eye on it because if you are evicted for rent arrears then the local authority may consider you to be *intentionally homeless* and you will lose your right to be re-housed (unless you are vulnerable or have children).

There's some information here which could help:

http://england.shelter.org.uk/get_ad...social_housing

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

Thanks for the info and link, PlanB.

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

I took a call about half an hour ago. A very nice gentleman from Scumbag Council told me that the claim in the Magistrates' Court had been withdrawn.

High-fives all round!

[PlanB]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

I took a call about half an hour ago. A very nice gentleman from Scumbag Council told me that the claim in the Magistrates' Court had been withdrawn.

High-fives all round!

Brilliant, so you can cross that off your list :high5:

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

DING DING! Round 2!

[labman]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

I took a call about half an hour ago. A very nice gentleman from Scumbag Council told me that the claim in the Magistrates' Court had been withdrawn.

High-fives all round!

That's good news - I said I hoped you would prove me wrong, and I meant it. Let's hope justice prevails at the next step too.

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

Hopefully the Council will see that they have no lawful reason for their failure to adhere to Regulations, and make a Decision pre-Hearing to Restore/Terminate HB/CTB, and a promise not to start Possession Proceedings.

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

I took a call about half an hour ago. A very nice gentleman from Scumbag Council told me that the claim in the Magistrates' Court had been withdrawn.

High-fives all round!

Just for the record, ...OK, it's more for entertainment purposes - but may also be educational, here's a copy of the letter the gentleman referred to above was calling in response to. I have added some comments:

'Dear Mr Chief Executive Scumbag MBC,

I have received a Summons (copy attatched) for non-payment of Council Tax, which tells me that I need to attend a Liability Hearing on 5 June (Summons Number *****).

I am not liable to pay Council Tax charges, Scumbag Council is. Therefore I insist that you discontinue your claim for Council Tax charges. Your seeking of this Liability Order amounts to malicious prosecution, maldministration, negligence and misfeasance. The Summons was spitefully issued because you know that I am not liable, but say that I am.

As you are aware, my benefit has been suspended, and that therefore the payment of Council Tax is still the responsibility of Scumbag MBC. Unless and until my benefit has been terminated and an appeal is no longer pending I am still entitled to HB and CT Benefit. As you are also aware there is a Hearing at Big Town County Court on June 6 to decide liability, and that this hearing was arranged well before you issued the Liability Summons. You should also know that a Liability Order should not be sought or made whilst there is an outstanding Administrative Order to be decided in a County Court (Claim No: *****). [Is that even true? Who knows? I know that an Administration order
can't be applied for (bankruptcy), but hey, why not just stick this in? It may be true (as it concerns powers delegated under Administrative Acts of Parliament), and it may just cause some confusion. If it's wrong - well, a mistake was made - let's move on].

The unlawful actions taken by yourself [Not entirely sure about this being an absolutely correct thing to have said, but it does sound very threatening - and there may well have been something unlawful done at some point which a guilty party might feel uncomfortable about being highlighted] and Scumbag MBC have caused me much distress and inconvenience and wasted time.

You must discontinue these proceedings immediately. If you do not withdraw your claim, and I am forced to attend the Hearing on 5 June, I will make a claim for compensation for damages in the County Court [Can this be done? I would have thought so]. I will be seeking a minimum of £150 for having to attend the Magistrates' Court, plus £35 for each hour (or part thereof) that I spend at the court from the set time of the Hearing until I leave the court. If a Liability Order is issued I will be seeking compensation of a minimum of £1,000. I will also require compensation for all out-of-pocket expenses incurred in relation to your claim. Should I receive a criminal conviction over non-payment of these Council Tax charges I will be seeking additional compensation of a minimum of £10,000. Any other expenses or damages caused consequent to the above will also entail compensation being applied for. [So, if such damages could be applied for, then they should believe that that's exactly what would happen - and that they might lose out and be shown up as best they could be to be the naughty people that they are].

If you desist in seeking the Liability Order and notify me that you have done so I will be prepared to take no further action regarding this particular hearing. However, should you continue with this malicious action I will seek compensation on the terms mentioned above. You have the choice and ability to stop this and I strongly urge you to do so. As the date is getting close you may want to contact me by telephone or by email.'

[samsmoot]

Re: Legal Procedure for Liability Hearing for Non-Payment of Council Tax

The Hearing at the County Court was yesterday.

The judge asserted that it was doubtful that he had the jurisdiction, and then he asked the Council what they thought about that. They agreed: 'Judicial Review', they said, was the way the matter shoud be settled. The judge seemed to agree, expressing the view that he shouldn't have to deal with Social Security law.

The judge was then told that the Council had to obey the law, and that if they didn't then someone needs to make sure that they did, and that he was the one who should do it.

He made an Order: 14 days for the Council to prove the County Court has not got jurisdiction and therefore cannot hear the claim.

The Council should at least have to show that there was an appealable decision, and therefore a more correct judicial process available that could have been used - but that's exactly the aim of this claim - to force a decision. So, if they could show that an appealable decision was made, then fine - it will be appealed - no need for the court to be involved any more. But in reality they cannot pluck non-exisitent evidence out of thin air.

Hopefully there will be no more court - I think the underlying message was to sort it out by making a decision of some sort - because he surely does know he can hear the claim - he's a judge!