council tax single persons discount review/ experian/equifax???????

[labman]

Re: council tax single persons discount review/ experian/equifax???????

15(1) refers you to 14, which refers you to 11 which refers you to 10(1).

So working backwards from the above:

Starting from 10(1) they write to you to tell you they believe you're entitled to a discount.

Section 11 places an onus on you to tell them this assumption was incorrect if it is not the case.

Section 14 and thus 15 states as you have quoted. Given you did not inform them their assumption was incorrect (Section 11), it is hard to see why they would ask you to verify your entitlement under Section 15. They did ask you to verify it though, you did not respond and so the discount was removed.

The problem though is where does Capita derive this power from as they are not the Billing Authority, the Council is.

Does that make any sense?

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

that is my beef in all this

their is no statutory obligation for me to even talk to capita, only to the billing authority

if i refuse to talk to capita then before the discount is removed the council would have an obligation to contact me first with say a letter before action in that the discount would be removed unless i made contact.

it was capita that removed the discount

UNDER WHAT STATUTORY AUTHORITY, only the billing authority has that power, not its sub contractors

[labman]

Re: council tax single persons discount review/ experian/equifax???????

I agree with you, but equally I think you will have a huge fight on your hands trying to prove any wrongdoing as it has become accepted practice. Despite the law being quite clear, it appears that Capita have become accepted as a 'Billing Authority' in several areas of the country.

Capita's own website (http://www.capita-softwareandmanaged...istration.aspx) states:

Managing single person discount reviews utilising data analysis and voice recognition tools to verify claims

as one of its services.

Looking up the definition of review in this context, we get: Examine or assess (something) with the possibility or intention of instituting change if necessary.

My take is it is fine for them to carry out the review subject to meeting DPA requirements, but they cannot institute the change as they have no authority to do so.

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

well i am sending a report on this to the attorney generals office for an explanation

i will not hold my breath though, goverment contracts and all that:tinysmile_hmm_t2:

[SpringerSpaniel]

Re: council tax single persons discount review/ experian/equifax???????


"The Human Rights Act does not over ride any primary national legislation so the LGFA takes precedence over the Human Rights Act"

THIS IS NOT TRUE ! domestic legislation has to be compatible with the HRA

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

totally agree

straight from liberty

i will even bring up magna carta and the bill or rights 1689 and the british constitution if the want as well

the right to a fair hearing before a sanction can be applied by the state

[labman]

Re: council tax single persons discount review/ experian/equifax???????

Good on you, but like you I won't be holding my breath. Corruption is rife!

[SpringerSpaniel]

Re: council tax single persons discount review/ experian/equifax???????

it calls into question why Capita are considered fit and proper to hold this conract of they are so ignorant of the applicable legislation - I would ask your MP to ask a question on this.

[labman]

Re: council tax single persons discount review/ experian/equifax???????

Much of what Capita do could be called into question!

[labman]

Re: council tax single persons discount review/ experian/equifax???????

totally agree

straight from liberty

i will even bring up magna carta and the bill or rights 1689 and the british constitution if the want as well

the right to a fair hearing before a sanction can be applied by the state

Be careful not to come across too FMOTL as they won't take you seriously. Quoting Magna Carta 1215 is ikely to lump you in with that movement.

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

Be careful not to come across too FMOTL as they won't take you seriously. Quoting Magna Carta 1215 is ikely to lump you in with that movement.

thats why i hate all that free man stuff, i respect the law

our statutory laws derive from common law which derive from magna carta

hell would freeze over before i let the freeman brigade bring that document into disrepute

thats where british law was born and adopted all over the world

[labman]

Re: council tax single persons discount review/ experian/equifax???????

Possibly, though to a large extent the argument over it being signed under duress was only due to the Barons wanting to restore the Charter of Liberties put in place by Henry I, which King John,not being a very amenable fellow, had breached.

Don't want to get into any of this though!

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

we can go as far that all the charters of magna carter are now defunked anyway by the bill of rights,act of settlement,petition of rights, and habeus corpus

it was the corner stone of democracy in this country

but as stated, lets not get into this and back on topic

[labman]

Re: council tax single persons discount review/ experian/equifax???????

I actually find it very compelling reading as, as you rightly point out, it paved the way for where we are today. For anyone reading this thread who hasn't a clue what we're talking about, I would suggest you read up about it - it is honestly good reading. I found history boring as sh ite at school, but it didn't have any contextual significance then.

[alham]

Re: council tax single persons discount review/ experian/equifax???????

Just found this:

http://www.rother.gov.uk/article/8485/Question-947

Interesting it was a one off thing in the response. I wonder if that is actually the case?

I have had a number of run-ins with Rother (my local authority) and the reason that Rother engaged someone else to do their work is that they are incompetent to such an extent that even if 40% of decisions made by Crapita are correct, that will be at least DOUBLE of what the Rother will be able to achieve.