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Liability Orders

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  • Liability Orders

    Can anyone adivse me on how i stand on the chance to defend a liability order.
    I moved at the begining of May 2012 and had no internet or land line in the new house untill the middle of July 2012. In the meantime the council took me to court and obtained a Liability Order for Non domestic rates but they were addressed to my old address and i did not get them until after the court date. So i in fact could not go and defend my case. Now i have contacted the council over this stating that i was unaware of any court date or liability order being obtained in my old address. They have stated that it does not matter that they went to my old address as the bailiffs will attend my new address. I also pointed out that they have charged me for a period where rates were not liable so the amount they have on the liability order is incorrect. They have agreed to this and have ajusted my liability and this is shown on a spreadsheet that they sent me. But all the liability orders are incorrect (they have done all seperate dates so as to charge each time a fee of £170 i have this charge 4 times) they have since changed all the outstanding amounts as they gave me 3 months for an empty property there are 3 shops but all ajoined. But non of the liability orders have been recalled and done for the correct amounts.
    I thought that the council had to give you the right to defend but in my case i was never that right because they were addressed to the old address. Anyone got any adivse on these matters.
    Tags: None

  • #2
    Re: Liability Orders

    At a Liability Order Hearing all the Magistrates have to decide is whether you are liable to pay your Council Tax/Business Rates. It all comes down to a yes or no answer there is no inbetween.

    Comment


    • #3
      Re: Liability Orders

      You may have grounds to apply to the magistrates court that granted the LO to have the LO quashed if there is evidence of error or malpractice/maladministration on the part of the local authority involved. However, I would strongly advise you to seek the assistance of a legal professional in this matter.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Liability Orders

        Hi

        There are so many people being taken to court for late instalment payment of Council Tax. I have started an e-petition to get the Government to look at this unfair practice. For example, my local authority, Basildon Council raised £402,705 just this financial year and it is not even over yet. Here is their response to the question I asked from Freedom of Information (FOI) regarding extra revenue raised from summonses:

        How much extra revenue has been raised as a result of summonses being issued for non-payment of Council Tax?
        How much extra revenue has been raised as a result of summonses for late payment of Council Tax?


        Costs of £45 are charged for each summons that is issued. However, so far this financial year we have withdrawn 996 cases prior to the court hearing. These 996 cases will not be charged the £45 costs. Therefore the net costs raised are £402,705. However, not all of those costs will be recovered.

        That is a huge amount of money, costing further financial hardship to many families.

        When asked:
        How many summonses have been issued this financial year for non-payment of council tax?


        How many summonses have been issued this financial year for late payment of council tax?


        The regulations do not distinguish between customers who have paid some of their Council Tax and those that have paid none. We have issued 9945 summonses in total since 1 April 2012.


        Please click on the link below and sign the e-petition to stop this unfair practice.
        http://epetitions.direct.gov.uk/petitions/43663

        Many thanks and lets hope we can make a change.

        Erathaf

        Comment

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