Thanks and Please Help!

[A54]

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

Thanks Bluebottle, that's exactly what I've done with the copies I sent them. It took a while but I referenced each of my claims to evidence, letters, and bills that I attached to the main letter.

Problem is when you state so many blunders and errors on their behalf it begins to get incredible but if they only checked 1 or 2 points it should be enough.

fortunately most of my case can be proved with the records and correspondence I kept, the council officers who refused to identify themselves or their positions I can only identify visually but there must be internal records of who last interviewed me.

I'll try and post the amended letter I've used which is heavily influenced by the advice on this thread.

thanks.

[A54]

Re: Thanks and Please Help!

update:

LGO confirm safe receipt of my complaint as does the CE's secretary who says "All matters raised in your letter are currently being investigated, and you will receive a response as soon as possible."

About to send a copy to my mp mr Gapes...

I'm also looking at putting in an application to annul my wife's bankruptcy before too much time passes, she's been given an appointment to see the receiver...

[bluebottle]

Re: Thanks and Please Help!

Hi A54,

I have been doing a bit of research. Have you ever heard of Misfeasance in Public Office, or Nonfeasance in Public Office, or Misconduct in Public Office? Because this case has the very strong smell of all three to it. The offences are contrary to Common Law. If you have suffered harm, including financial loss, because of the council's shenanigans, you could level these at them. But do speak to a legal professional and seek their opinion before doing that. Good to see the LGO is now involved and the CE of the council has received your letter and is going to investigate. In my experience, the threat of legal action can have councils placing bulk orders for Imodium.

Please keep us up to date with developments.

Bluebottle

[labman]

Re: Thanks and Please Help!

In my experience, the threat of legal action can have councils placing bulk orders for Imodium.

Please keep us up to date with developments.

Bluebottle

pmsl :laugh::laugh::laugh::laugh::laugh:


Misfeasance is, I believe, to do with an abuse of public office that is affected by malice; Nofeasance has, I think, been abolished by statute; Misconduct would be the one I would think most lkely to have a chance of success.

[A54]

Re: Thanks and Please Help!

thanks.

when I spoke to the judge I threw in the word 'malpractice', he said that when presented with a disagreement his role is to judge it on probability with a slight hint he would lean on the side of the creditor but if I was to say malpractice he said I would have to hit the same standard as proving a criminal offense, as in beyond any reasonable doubt.

I think about it all sometimes and I don't believe it, never mind trying to convince a judge!

My intention is to produce the facts without bias (as much as possible) and even if I lose, still walk away with my morals and dignity, I'd be furious for months though...

I'm confident the facts speak for themselves just don't know how an £800 per hour barrister that knows the law inside out will react, especially when he's had time to devise an excuse and quote case law.

[A54]

Re: Thanks and Please Help!

Here's the amended letter I sent to the CE & LGO. will also send to my MP.

Mr xxx
Ms xxx
Address 1
Address 2
Address 3

Tel:

Date: 13/02/2012

To:
The Chief Executive London Borough Redbridge

Dear Mr xxx,

I would like to bring to your attention an urgent matter that I feel warrants your immediate intervention.

On 19th October 2011 I received a Statutory Demand issued by London Borough of Redbridge for unpaid Council Tax that was handed to my wife.

On 27 October 2011 I filed an application to Set Aside the Statutory Demand on the grounds I was awarded Council Tax Benefits for the periods claimed in two of the Liability Orders and that 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 justification in 2010.

On 30 January the Council’s Revenues Manager, Txxx Mxxx, presented Romford County Court with a Statement of Truth (enclosed and labeled ‘creditors-witness.pdf’) for which I have Evidence to prove what she says is untrue and/or inaccurate;

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

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 labeled ‘C-Tax-bills’.

My wife, xxx xxx, has been wrongfully declared Bankrupt because the Council and its Solicitors failed to follow Court Procedure.

The Process Server employed by the Council’s Solicitors handed a total of two Statutory Demands to my wife on 19 October 2011 and posted a third through my letterbox on 25 October 2011.

All three of the Statutory Demands were issued in my name, none bear my wife’s name and she has not been served with a Statutory Demand.

It is simply impossible for me to have in my possession three Statutory Demands (originals not copies) that bear my name and not my wife’s unless they were the ones delivered by the process server on the two occasions he claimed he personally handed documents to my wife and the third occasion where he claimed he posted a Statutory Demand through my letterbox.

It is therefore impossible that the Process Server served my wife with a Statutory Demand in her name.

I enclose a copy of all three Statutory Demands labeled ‘Stat-Demands’ on which you will note are individually hand signed by the Council’s solicitor proving they are authentic and not photocopies.

With no prior notice, on 3 February 2012 my wife received notice that a Bankruptcy Petition was presented to Romford County Court on 10 November 2011 and the petition would be heard on 2 February 2012.

On 4 February my wife received a Court Order adjudging her to be Bankrupt.

In view of the evidence enclosed (‘Stat-Demands’) this is a further abuse of Court Process.

I therefore request that the Council immediately take steps to withdraw the Bankruptcy Order they wrongfully obtained against my wife on 2 February 2012.


With reference to The Witness Statement provided to Romford County Court by Txxx Mxxx on behalf of the Council (enclosed and labeled as ‘Creditors-witness.pdf’) she states that she has day to day conduct on this matter on behalf of the Council and based this Witness Statement upon her own knowledge and records held by the Council or its Solicitors Wxxx Cxxx LLP (page 1 paragraph 1).

On page 2 paragraph 10.2 Txxx Mxxx reaffirms my claims that I contacted the Council by telephone and attended the Council’s offices to discuss the matter and that the Council had not provided an explanation of how the debt arose.

On page 3 paragraph 11.4 of Txxx Mxxx’ Witness Statement she claims she has not seen evidence of these calls and attendances yet she exhibits alongside her Witness Statement on pages 18 to 20 a letter I wrote and hand delivered to the Councils offices addressed to the Council’s Chief Payment and Benefits Officer where:

1. We ask for the information she claims not to have seen evidence of (her Witness Statement page 20 paragraph 1)

2. We confirm we were awarded Council Tax Benefit for the periods she claimed the debt was accrued and stated we had evidence to support this (her Witness Statement Page 18 paragraph 3)


3. That we felt the Council had made a mistake (her Witness Statement page 18 paragraph 4)

4. We provided examples of discrepancies (her Witness Statement page 18 paragraphs 5,6)

5. We provided evidence we were awarded Council Tax Benefit for 2008/9 that proved there was no debt owed for the period (her Witness Statement page 18 paragraphs 6)

5. That we wished to exercise our right of appeal (her Witness Statement page 18 paragraph 2)

This is in total contrast to Txxx Mxxx Witness Statement paragraph 11.4.

On page 16 in the document Txxx Mxxx’ exhibited to Romford County Court she has written in red the following: * Total CTB awarded £32.68. The only period paid for this year was 1/4/08 – 6/4/08. Claim then cancelled as proof of income not supplied.

Txxx Mxxx also makes reference to failure to provide evidence of income in paragraph 11.5 in her Witness Statement.

I refer you to my letter to the Council Tax Benefits office stamped as received by them on 23 January 2009 (enclosed as letter D) that includes proof of income that Txxx Mxxx claims was not received.

We do not know of any reason why Txxx Mxxx should want to make such inaccurate/untrue claims in a Witness Statement to the Court in a Bankruptcy case.

I also point out that the copies of Council Tax bills enclosed with this letter proving we do not owe Council Tax were sent to me by the Council in February 2009 (labeled C-Tax-bills) which postdate the first two Liability Orders listed in the Statutory Demand.

In December 2008 following an incident where Council staff lost the information we provided them in January 2008 I was subsequently issued with a Summons.

I wrote to your then Chief Benefits and Payments Officer (Mr. x.x. xxx) stating the facts in appeal.

I received a reply from Mr. x.x. xxx dated 22 December 2008 (enclosed labeled as ‘Mr-xxx’) who stated he reviewed my case and decided not to proceed with the Summons action and that the hearing scheduled for January 2009 will not take place.

It is now apparent that the Summons was proceeded with in January 2009 whilst I was in communication with the Council (ref: enclosed D-letter) and a Liability Order was obtained in my absence thus denying me the opportunity to make representations.

This is at the very least an example of the Council mishandling my case or at worst, malpractice.

We are happy to provide further documents, letters, and records of correspondence that prove we were on Council Tax Benefit for the period the alleged debt was accrued and that we are still entitled to it, do not hesitate to get in touch if you require any further information.

We are on a low income and receive Child Benefit and Working Tax Credit, the Bankruptcy Proceedings have caused us to incur significant expense and undue distress.

Taking into account the serious nature of this complaint, we would appreciate a speedy response.

Please find below a summary of events leading to this situation.


Kind Regards,

xxx and xxx




Summary

In December 2008 following an incident where Council staff lost the information we provided them in January 2008 I was subsequently issued with a Summons.

I wrote to your Chief Benefits and Payments Officer (Mr. x.x. xxx) stating the facts in appeal.

I received a reply from Mr. x.x. xxx dated 22 December 2008 (enclosed labeled as ‘Mr-xxx’) who stated he reviewed my case and decided not to proceed with the Summons action and that the hearing scheduled for January 2009 will not take place.

Contrary to the content of Mr xxx’s letter the Summons was proceeded with in January 2009 and a Liability Order was obtained in my absence.

Further liability Orders were since obtained without me being notified of proceedings by way of letter or summons.

Following a threatening letter from bailiffs who were acting on the Council’s behalf in January 2009, I visited the Benefits Office in Clements Road on 17 January 2009 where I spoke to one of your officers (xxx) who requested copies of my bank statements. I also spoke to Team Leader xxx who told me that arrears were accrued on my account because the Benefits Office failed to take into account the confirmed dates of my Job Seekers allowance.

I received no explanation as to how this happened despite a promise from Team Leader “xxx” who told me she would call me to explain why.

On 23 January I again attended the Benefits Office to deliver a letter with evidence I was receiving Jobseekers allowance and copies of my bank statements for the periods requested. I enclose a copy of the above-mentioned documents ‘labeled Letter-D’ (stamped as received by the Payments and Benefits office) at the end of this letter.

Following further communications with the Benefits Office my Council tax Benefits were reinstated in full and in February 2009 I received copy Council Tax Bills for the periods 1999 to 2009 to confirm this. I enclose a copy of the above-mentioned Council Tax Bills labeled ‘C-Tax-Bills’ with this letter.

In April 2010 I was visited by bailiffs acting on behalf of the Council who claimed to have a number of Liability Orders for unpaid Council Tax.

I immediately telephoned The Council Tax Benefits Office and told them there must be an error as I did not owe any debt and asked them to put any Bailiff action on hold while I investigated, my request was refused.

While investigating the matter the bailiff visits with threats continued. I again telephoned The Council Tax Benefits Office where I was told there were serious errors with the handling of my claim and that I needed to attend their office and insist on seeing a senior officer.

I attended the Council Tax Benefits Office and requested to see a senior manager. Eventually I was attended to by two members of your staff who claimed to be senior managers but they refused to identify themselves and flatly refused to discuss any details of my case.

They said this was their final decision and if I was unhappy with the debt my only remaining options were the Government Ombudsman or to seek legal advice.

I asked them to put this in writing but they refused.

I asked them why they had not sent me any notifications or Summons to advise me of Court hearings where they obtained Liability Orders, they advised me that they were not obliged to do so.

They told me that no one would attend to me if I visited their offices again and that nobody would talk to me if I tried calling. This proved true, as when I telephoned the Council Tax Benefits Office in an attempt to talk to someone in higher authority I was told that by the person that answered the phone that he was instructed not to take my calls.

Following further visits by bailiffs I visited Citizens Advice Bureau who advised me to contact the Benefits Office by letter to try and resolve the issue.

I subsequently wrote to the Benefits Office in April 2010 asking them for breakdown of my alleged debt.

On 29 April 2010 I received a letter in from Enforcement Officer Mr x yyy in reply, who was claiming I owed Council Tax for periods where I was in receipt of Benefits.

On 7 May 2010 I wrote back providing evidence that I was in receipt of Council Tax Benefits during the dates it was alleged I accrued Council Tax arrears with a request for confirmation of any legal action taken against me including dates and name of Courts.

On 19 May 2010 I received a letter from Mr x yyy who stated the council had obtained no less than seven Liability Orders on dates ranging from 1999 to 2009.
He urged me to arrange payments with the Bailiffs while I appeal to avoid further recovery charges.

I advised Mr x yyy that in April 2010 that I was told by two senior members of staff I could not appeal as they had made their decision final and my only remaining options were to contact the Ombudsman or seek legal advice.

I enclose a copy of the above-mentioned letters labeled ‘Mr x yyy’.

Furthermore I filed a new application in September 2010 that was refused because it is alleged I had not supplied information requested when in fact I did provide all information requested of me and in any case the Council Tax Benefits office were already in possession of all the information they required to proceed with my application.




now trying to work out what how to phrase the application to anull affidavit...

[bluebottle]

Re: Thanks and Please Help!

pmsl :laugh::laugh::laugh::laugh::laugh:


Misfeasance is, I believe, to do with an abuse of public office that is affected by malice; Nofeasance has, I think, been abolished by statute; Misconduct would be the one I would think most lkely to have a chance of success.

Misconduct in Public Office probably would be the easiest to prove. I've attached a PDF file on the subject I downloaded from somewhere.

Bluebottle

[A54]

Re: Thanks and Please Help!

Misconduct in Public Office probably would be the easiest to prove. I've attached a PDF file on the subject I downloaded from somewhere.

Bluebottle

Absolutely brilliant! thanks bluebottle, wish I saw this before I sent the email to the Council's CE, gives me some great ammunition to fire back if they respond negatively.

THANK YOU!

[bluebottle]

Re: Thanks and Please Help!

Absolutely brilliant! thanks bluebottle, wish I saw this before I sent the email to the Council's CE, gives me some great ammunition to fire back if they respond negatively.

THANK YOU!

You're welcome. You might need to check with a legal professional on any contentious issues. That is for your own protection and to make sure the council have as little wriggle room as possible.

Bluebottle

[A54]

Re: Thanks and Please Help!

Hi Guys,

does anyone have any pointers as to how to fill in the court forms 7.1A and a general form of affidavit?

I'm going to try and get my wife's bankruptcy annulled on the grounds she wasn't served an SD, I've got 3 SD's that were served (2 handed to my wife & 1 posted through letterbox), all 3 have my name on them, all 3 are signed in ink by the same solicitor and you can see variances in the signature proving these are not photocopies.

I picked up copies of the paperwork from the court and there's a statement of truth by the process server who exhibits an SD in my wife's name!

Its by the same process server who attempted to serve an SD on me, he claims he visited a total of 3 times, spoke to my wife twice and handed her docs and on the 3rd visit posted the sd for me.

I have all 3 envelopes he used to deliver the sd's, all are addressed to me in the same handwriting.

Any help as to how to fill in form 7.1A and what to put in the affidavit would be gratefully appreciated.

thanks.

[A54]

Re: Thanks and Please Help!

Hi Guys,

I know forms such this need to be written by the applicant (me) and as such are difficult to advise on but just filling stuff out like whether or not the creditor needs to be served or not, whether to include details of the set aside hearing, and how much detail/history to put in form 7.1A and sworn affidavit is difficult to know unless you've seen or filled one in before.

I can't take the chance of getting this rejected and failure really is not an option so I'm tempted to throw everything in including the kitchen sink.

I've spent about 2 days scouring the web and have found nothing useful on this so if anyone knows anything on this or has some advice, I would be so grateful.

thanks.

[A54]

Re: Thanks and Please Help!

Hi Guys,

Today I spoke to the LGO officer who's investigating my case, was quite disappointed, they cannot look into matters that took place more than 12 months ago or matters that have been presented to court for consideration.

basically the only thing they can look into is if the council followed their own procedures in issuing bankruptcy proceedings.

easy for me to say but it really sounded there was a bias towards the council.

Also just in case anyone's wondering why i've been on ctb for so long...

i use to be a process server serving injunctions in domestic violence cases, not for long though. I was attacked with a knuckle duster while sitting in my car after serving a violent offender, suffered a broken top jaw and years of related complications (double vision, misaligned jaw) and post traumatic stress which sent me crazy for a while. I only applied for benefits once I sold everything i had of value, gone into mortgage arrears and used up all savings.

Once I started 'thinking' again, I self trained in a new profession and set up an ltd. It was tough and I'm still on a pretty low income (the recession hit my potential clients hard) but I'm battling away, still learning as I go, and optimistic things will pick up. This episode has set me back some way as its killing most of my time.

just thought I'd explain in case anyone got the wrong idea...

[bluebottle]

Re: Thanks and Please Help!

Have you received compensation from the CICA (Criminal Injuries Compensation Authority) for the injuries you sustained? What about your employer? They have a statutory duty for your safety.

[A54]

Re: Thanks and Please Help!

Hi Bluebottle,

it happened quite a while back and the strong medication I was on doesn't make it easy to remember in fine detail but yes got something from cica but it wasn't enough to cover the dentist bill, I've still got a bite misalignment but have learned to live with it. The 'employer' use to be a friend, he badly let me down but i didn't want to take action against someone I once considered a mate. just wanted to put things behind me, i got a family to care for and that event caused them a loss I'm still trying to compensate for.

[A54]

Re: Thanks and Please Help!

Hi Guys,

I received a response from the council's CE today, while giving me a partial version of events I dispute he totally side stepped 3 serious issues I raised in my email to him:

1. my wife was not served with a stat demand (i provided him with 3 copies of the stat demands that were 'served', none name my wife).

2. the letter from the then chief payments and benefits officer stating that proceedings against me will not proceed in jan 09, its now clear they did proceed. Misconduct in public office? Maladministration?

3. that the statement of truth by one of his enforcement officers that was produced in court was neither accurate or true. Misfeasance?

I want to write back to the CE asking him to address these 3 points, am i right in assuming that he is ultimately responsible for the actions of his officers?

I think anyone would have a tough time trying to defend point 2, if I have made the CE aware of the letter and he fails to act, would this not make him guilty of perverting the course of justice?

thanks in advance for your response.