Thanks and Please Help!

[bluebottle]

Re: Thanks and Please Help!

Hello A54,

It is now becoming blindingly obvious that your local council has seriously cocked-up. As Labman has advised, the Chief Executive of the council needs to be made aware of this as a matter of urgency. Send a letter by Special Delivery and mark the envelope on the front "TO BE OPENED BY ADDRESSEE ONLY". This prevents anyone other than the person to whom it is addressed opening and intercepting the letter's contents. Make sure you enclose photocopies of all relevant CT bills and payment receipts and CTB award letters.

In your letter, ask the CE of the council to explain why -

a. his/her council officers have made statements for which you have produced evidence to prove what they say is untrue and/or inaccurate;
b. his/her council officers have actively obstructed and prevented you from resolving the matter;
c. his/her council officers have engaged in legal proceedings which evidence shows the council has no grounds to pursue.

Also in the letter, stress that in view of the evidence you have, the applications for the LOs and SDs would appear to be an abuse of the legal process, as the council have failed to show you have defaulted on payment and, in any case, you were awarded CTB and this is shown on the copies of the CT bills enclosed with the letter. What are their grounds for applying for LOs and SDs? If they cannot provide an answer to this, I would ask to have all proceedings halted until such time as they can. They cannot and should not decline or refuse to explain their grounds for applying for the LOs and SDs in the circumstances.

I would give the CE of the council five working days only, if you have that amount of time, to reply to the points I have detailed above. Get your MP onboard asap and the LGO in the picture as well.
------------------------------- merged -------------------------------

But yet:


It would appear that the Head of Revenue is severely cephalo-proctally intromitted:

I believe the other name for this is cranio-rectal obstruction.

[Guest]

Re: Thanks and Please Help!

01/07/99
29/06/00
31/05/01
30/05/02
04/12/03
29/05/08
29/10/09

I was on full ctb at the time and have a copy of ct bills provided to me by the council for the years 1999 to 2009 that prove I was on ctb.

thanks.

You need to send evidence of CTB and they council should correct the amount due. Do it in a Formal Complaint letter.

If you dont have the paperwork any more then make a sworn decclration.

I: [NAME] residing at [ADDRESS AND POSTCODE]

DO SOLEMNLY AND SINCERELY DECLARE THAT:

I was in receipt of Countil Tax Benefit which covered my liability for the following periods.

[LIST OF DATES IN LONGFORM E.G. 01 January 2012,]

And that my Council Tax Reference is: [REFERENCE]

I genuinely do not belive I am liable for amount claimed.

I make this solemn declaration under Section 7 of the Statutory Declarations Act 1835 believing the same to be true.

DECLARED AT:

SIGNED:

DATE:



Before me:

Solicitor/Commissioner for Oaths:

[A54]

Re: Thanks and Please Help!

Don't know if this is of any help

Local Government Ombudsman Complaints about bankruptcy

I called them and explained the situation, the polite guy told me the ombudsman can not look at a dispute regarding a debt or anything that's gone to court, only the process the council have followed and whether or not they took the correct action. He said this was the first case of bankruptcy they heard of and will forward any email I send on to a senior investigator who will decide whether or not they could get involved.

I don't think they can act fast enough even if there was something they can do but worth sending an email.

thanks guys, I really appreciate all advice given so far, thanks.

[A54]

Re: Thanks and Please Help!

Hello A54,

It is now becoming blindingly obvious that your local council has seriously cocked-up. As Labman has advised, the Chief Executive of the council needs to be made aware of this as a matter of urgency. Send a letter by Special Delivery and mark the envelope on the front "TO BE OPENED BY ADDRESSEE ONLY". This prevents anyone other than the person to whom it is addressed opening and intercepting the letter's contents. Make sure you enclose photocopies of all relevant CT bills and payment receipts and CTB award letters.

In your letter, ask the CE of the council to explain why -

a. his/her council officers have made statements for which you have produced evidence to prove what they say is untrue and/or inaccurate;
b. his/her council officers have actively obstructed and prevented you from resolving the matter;
c. his/her council officers have engaged in legal proceedings which evidence shows the council has no grounds to pursue.

Also in the letter, stress that in view of the evidence you have, the applications for the LOs and SDs would appear to be an abuse of the legal process, as the council have failed to show you have defaulted on payment and, in any case, you were awarded CTB and this is shown on the copies of the CT bills enclosed with the letter. What are their grounds for applying for LOs and SDs? If they cannot provide an answer to this, I would ask to have all proceedings halted until such time as they can. They cannot and should not decline or refuse to explain their grounds for applying for the LOs and SDs in the circumstances.

I would give the CE of the council five working days only, if you have that amount of time, to reply to the points I have detailed above. Get your MP onboard asap and the LGO in the picture as well.
------------------------------- merged -------------------------------


I believe the other name for this is cranio-rectal obstruction.

Good advice, I'll do all of this and email/write to the chief benefits officer who assured me proceedings will not go ahead in jan 2009, then they proceeded anyway and obtained an lo in my absence.

[bluebottle]

Re: Thanks and Please Help!

Good advice, I'll do all of this and email/write to the chief benefits officer who assured me proceedings will not go ahead in jan 2009, then they proceeded anyway and obtained an lo in my absence.

You need to write to the Chief Executive, not the Chief Benefits Officer. My gut feeling tells me the problem lies with the Benefits and Revenues Departments of your local council. Have you had contact with the Chief Executive of your council yet, as this is the person who is in overall charge of the council. The councillors decide policy and approve planning consents.

[A54]

Re: Thanks and Please Help!

You need to send evidence of CTB and they council should correct the amount due. Do it in a Formal Complaint letter.

If you dont have the paperwork any more then make a sworn decclration.

I do have some of the most important paperwork, ct bills, letters sent to/from etc but not everything, some of this goes back 14 years or more.

I think I'll provide both, copies of bills and make a sworn declaration, thanks for the template - invaluable.

[labman]

Re: Thanks and Please Help!

If you let us know the council we'll try and find the CEO's e-mail for you to take off a little pressure. Also bear in mind that nothing is going to happen until Monday, so you can afford to take time putting your e-mail to the CEO together - feel free to post it up here first if you think it would help. The only danger of that is you may get too many opinions, which won't help if you're heads already feeling a little goosed by all this.

The most important thing to remember is you're innocent here.

The OR really had no choice - they have a job to do. I know that doesn't help, and I think your contacting them is commendable.

Try to take time over the weekend getting your documentation right, and please - with the council, nobody other than the CEO. They're paid enough, make them earn it!

[ploddertom]

Re: Thanks and Please Help!

You need to write to the Chief Executive, not the Chief Benefits Officer. My gut feeling tells me the problem lies with the Benefits and Revenues Departments of your local council. Have you had contact with the Chief Executive of your council yet, as this is the person who is in overall charge of the council. The councillors decide policy and approve planning consents.

I wonder if this is where part of the problem lies - Benefits & Revenues - split into individual departments and one never communicates with the other. A bit like HMRC where one tax office can only communicate with the other by letter.

[A54]

Re: Thanks and Please Help!

thanks labman,

its LB Redbridge.

I'm going to post a draft up once I've done it.

I don't blame the OR (Ombudsman ?), the guy I spoke to was genuine and I appreciated him pointing out the limitations, I just wish they had more teeth, maybe we'd then have a more efficient organisation.

things like duty of care, guilt, or innocence seem to have no relevance when you're in this situation, it simply comes down to if you have the pockets/ability to defend yourself or not. Of course if you had the funds to defend yourself you would not be claiming ctb so they know they can do this and get away with it.

just to give you an idea, one firm quoted me £4500 +VAT + disbursements to represent my wife in trying to get the annulment, another quoted £400 + VAT per hour, if you're on a low income that's 2 months worth of wages to pay for an hour and a half of lawyer time. in comparison the council spent £400 on a barrister for a 30 minute hearing with the total cost exceeding £1100.

Their barrister was actually quite a nice bloke but wasn't happy that the judge did not award costs at this stage, my battle is not with him as such, again he's just doing his job.

The other thing I learned which I think is really important to anyone else who's face with an 'indisputable' liability order in a stat demand case is that the judge always has discretion to decide if by dismissing the set aside application an injustice will be done to the defendant, this is in spite of a precedent set by a judge (incidentally in the same court as I was in) that ruled a debt cannot be in dispute if a liability order was obtained.

I reinforced the point by stating that liability orders if not challenged within days or weeks may not be possible to have them set aside, even if the judge wanted to. it may even require a judicial review to have an LO set aside, way beyond the means of an average earner never mind someone on a low income, therefore in my case the only place to challenge the viability of the LO was then and there.

I know its more complicated than that but I take some comfort that although I didn't win the war I did win the battle and that was against an £800 per hour barrister.

I don't know if every judge would be as fair as the one I had but its definitely worth a shot.

once again, thank you guys for the brilliant advice.

[labman]

Re: Thanks and Please Help!

Two other possible sources of help spring to mind:

The Bar Pro Bono Unit: Free Legal Advice and Representation

and

Bankruptcy IVA Information Centre – FREE National Advice UK

[A54]

Re: Thanks and Please Help!

Two other possible sources of help spring to mind:

The Bar Pro Bono Unit: Free Legal Advice and Representation

and

Bankruptcy IVA Information Centre – FREE National Advice UK

thanks labman, extremely useful links.

[CleverClogs]

Re: Thanks and Please Help!

Try to take time over the weekend getting your documentation right, and please - with the council, nobody other than the CEO. They're paid far too f---ing much, make them earn it!

IFYPFY.

[CleverClogs]

Re: Thanks and Please Help!

Their barrister was actually quite a nice bloke but wasn't happy that the judge did not award costs at this stage, my battle is not with him as such, again he's just doing his job.

So were the guards and officers at Treblinka and Sobibor. :tinysmile_cry_t:

[A54]

Re: Thanks and Please Help!

Hi Guys,

here's what I got so far. The intention is to cc the ombudsman & MP.

still draft but what do you think?

thanks.

Dear Sir,

I would like to bring to your attention an urgent matter that I feel warrants your immediate intervention to limit any liability you may have incurred on behalf of your staff.

On 19th October 2011 I received a Statutory Demand issued by London Borough of Redbridge.

I filed an application to Set Aside the Statutory Demand on 27 October 2011 on the grounds I was awarded Council Tax Benefits for the periods claimed in two of the Liability Orders and I dispute the amounts claimed in the other two because my application for Council Tax Benefit to which I am entitled to was terminated without explanation in 2010. Furthermore when I filed a new application it was refused because it was alleged I had not supplied information requested when in fact I did provide all information requested of me.

Your Revenues Manager, T****y M***s, has presented Romford County Court with a Statement of Truth for which I have Evidence to prove what she says is untrue and/or inaccurate;

Your Council Officers have actively obstructed and prevented me from resolving the matter;

Your Council Officers have engaged in legal proceedings which evidence shows the Council has no grounds to pursue;

I stress that in view of the evidence I have, the applications for Liability Orders and Statutory Demands appear to be an abuse of the legal process, as the Council have failed to show I defaulted on payment and, in any case I was awarded Council Tax Benefit and this is shown on the copies of Council Tax Bills enclosed with this letter.

Could you please state your grounds for applying for Liability Orders and Statutory Demands?

I bring to your attention letter I received from your Chief Payments and Benefits Officer Mr. S.M. Barry dated 22 December 2008 (letter enclosed) who stated he will not to proceed with Summons action and the hearing scheduled for January 2009 will not take place.

It now appears that contrary to Mr S.M. ****’s letter, the hearing did proceed which in effect denied me the opportunity and legal right to make representations and a Liability Order was obtained and listed in the Statutory Demand.

I would also like to point out that since December 2008 I have not received any Summons or notifications for any alleged Council Tax debt and when I pointed this out to two senior members of your staff at your Clements Road offices they told me they were not obliged to send notification.

Please find below a brief history of my case...

do you think this is ok so far?

thanks.

[bluebottle]

Re: Thanks and Please Help!

Hi A54,

I am a retired policeman and, call me pedantic if you like, but it is worth enclosing photocopies of all evidence you have against them so they cannot duck and dive and try to wriggle out of being held to account. You will need to give dates of when Council staff obstructed and prevented you from trying to resolve the matter where this happened and what was said. If you have their names, even better. If you have to take further action, through the courts, the Civil Procedures Rules 1998 requires you to serve them with the evidence you have against them.

You may need to re-draft your letter, but let other Legal Beagle members view the draft letter you've posted, give their views and advice, and take it from there.

Bluebottle