Council tax liability orders query

[charitynjw]

Hi folks

Am I right in thinking that, in order to lay a complaint to Magistrates, a bod at the LA has to swear an oath that all the entries on their list have been properly checked for accuracy?

lgfa92

ploddertom

[lgfa92]

At the summons stage the application is simply sent to the court and the court (legal advisor) decides if the summons should be issued. The application will be accompanied by a signed cover sheet with an appropriate statement as to why the application is being made.

[lgfa92]

No evidence needs to be provided with the summons application, the court officer simply decides if it is an allowable application and any evidential argument is dealt with at the hearing.

It should be remembered that it is an administrative process, it's not to check the council's decision making process over awarding of discounts, exemptions etc as anything within the Valuation Tribunal's remit is not in the courts legal remit to consider or dispute.

[charitynjw]

No evidence needs to be provided with the summons application, the court officer simply decides if it is an allowable application and any evidential argument is dealt with at the hearing.

It should be remembered that it is an administrative process, it's not to check the council's decision making process over awarding of discounts, exemptions etc as anything within the Valuation Tribunal's remit is not in the courts legal remit to consider or dispute.

Hi lgfa92

So the LA can make applications without fear of any repercussion that might be due to their lack of due dil?
Seems a bit slewed to me.

[lgfa92]

The court aren't concerned with the thought process behind the decisions, they simply have to ensure that the correct legislative process has been undertaken - they are, in any case, specifically barred by legislation (reg57 of the A&E regs) from taking account of whether not the actual calculations behind the order are right (as that is a VOA function). The courts are very limited in their jurisdiction for council tax because of the split in functions (which ie even more split when the LGO functions are considered).

What specific point is disputed ?

[charitynjw]

What specific point is disputed ?

The 25% single person discount has *magically* disappered from son's CT bill, & the LA have banged in an LO for approx that same amount.
His mail box is outside, & has been broken into on several occasions, so post has gone missing.
I believe my OH made the LA aware of both issues before the LA laid complaint.

Since this has come to light I've been told that same has happened to loads of people.
I know that they send out those periodic "Just checing to see whether there have been any changes in circs" letters, but a lot of people would think "No, there hasn't", & just bin them without checking the possible consequences of not responding.
Our LA have refused to sign the new(ish) CT Protocol.

[lgfa92]

The decision on awards of a discount (and removal) is one for the council and the VT if there was a dispute, the actual fact it's been removed is not a matter that the court have any jurisdiction with. The fact there's any dispute over a discount does not prevent a LO being obtained.

There may be specific issues and a point of regulation where they could be challenged around the background of removing the discount to the LGO but the actual eligibility decision is again one for the VT to have the say (if it can't be resolved). It can be a fight or it can be easy - I find some clients have to be taken all the way through to the tribunal whereas others can be cleared up well before that point.

[charitynjw]

The decision on awards of a discount (and removal) is one for the council and the VT if there was a dispute, the actual fact it's been removed is not a matter that the court have any jurisdiction with. The fact there's any dispute over a discount does not prevent a LO being obtained.

There may be specific issues and a point of regulation where they could be challenged around the background of removing the discount to the LGO but the actual eligibility decision is again one for the VT to have the say (if it can't be resolved). It can be a fight or it can be easy - I find some clients have to be taken all the way through to the tribunal whereas others can be cleared up well before that point.

Thanks for that.
*How does one stop bailiff action?
Stat Dec?

(* That's my posh voice, lol!)

[lgfa92]

Enforcement action won't be stopped other than by the council or a court order (the magistrates themselves would have no say in the matter). It is very unlikely you'd be able to be able to persuade the court as the action taken appears to be legal, even though its disputed - I've never dealt with a court ordered decision on enforcement agent action as its exceedingly rare.

Until the council or the VT decide something needs changed regarding a discount then the last demand notice is deemed to be correct and the liability order will correctly flow from that.

Any attempt to dispute the action needs to be primarily aimed at the discount and reinstating it. That may or may not need an argument on the merits of legislation and case law - some discount cases I see are really easy to argue with the council, some are not. Each is different.

[ploddertom]

The most sensible course of action if enforcement is threatened is to pay up then argue afterwards. Don't forget that once gone to Enforcement a £75 charge is added and if nothing heard or arranged within the timescales given a visit will take place incurring a further £235 charge. Any overpayment made can be reimbursed.