C.T Liability Order but Tribunal Appeal pending - Advice needed

[Ilovetherockies]

I am waiting for a date to have my First Tier Tribunal Appeal for Income Support heard. I challenged the DWP's decision as to what is or isn't considered extra income (we are talking payments in kind that I was 100% allowed and were legal to receive and the DWP had to no right to say I owe them £ 8,000) over an amount of £ 8,000. At the same time, the local council has issued me with a bill of £ 2,590 that they say need to be paid back as I wasn't entitled to receive Income Support for the period I'm challenging the DWP over (2007 - 2010). I let the council know that I had appealed the Income Support decision, sent them a copy of the appeal papers from the DWP and it has been completely ignored and they now have a liability order for C.T.

Now, if I win my appeal and don't have to pay back £ 8,000 in Income Support I also won't be liable for the £ 2,500 Council Tax. The council is ignoring the fact that my appeal is pending. What can I do to have the council take note and not send a bailiff? I was under the impression that my account with the council had to be put on hold while my Income Support appeal is pending.

Can anybody help? Thank you.

[bluebottle]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Hi and welcome to Legal Beagles.

Your local council really is being very foolish indeed by scuttling off to the magistrates to obtain a Council Tax Liability Order, knowing there is an appeal pending to the Upper Tier Tribunal. If they did not disclose this fact to the magistrates, the Council officers responsible could be in very serious trouble indeed.

If you are on benefits and/or ineligible for Legal Aid, then I would strongly recommend you contact the National Pro Bono Centre at www.nationalprobonocentre.org.uk who can provide free legal advice and representation, if necessary.

My gut-feeling is that your local council may have acted unlawfully by pursuing the course of action they have. This is why you need to speak to a legal professional as soon as possible. Councils tend to take things a lot more seriously when legal professionals are involved. This is not something I would advise a lay person to tackle on their own without professional advice and/or assistance.

[ploddertom]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Unfortunately you are finding out at first hand how this unfair system works. Doesn't matter what you are claiming for the idea is you are supposed to pay it first and if you overpay it will be credited to your next bill unless you ask for refund.

You should ask your local Councillor(s) to intervene on your behalf.

[bluebottle]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Unfortunately you are finding out at first hand how this unfair system works. Doesn't matter what you are claiming for the idea is you are supposed to pay it first and if you overpay it will be credited to your next bill unless you ask for refund.

You should ask your local Councillor(s) to intervene on your behalf.

Totally agree with your advice for the OP to ask their ward councillor to intervene, PT. My gut-feeling is that the local authority has acted unlawfully in the OP's case.

[outlawlgo]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Technically the Council have the law on its side but you might find some points to argue on the reasonableness of taking Court action whilst a dispute is ongoing. Although slightly different circumstances, there should be some relevant information in the post linked to below:

summons for COUNCIL TAX billed with CT benefit then told differently

[wales01man]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Chance of council withdrawing liability order ?
chance of OP winning tribunal?
Problem here is OP is up against the system that cares nothing for peoples situation,

[bizzybob]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Chance of council withdrawing liability order ?
chance of OP winning tribunal?
Problem here is OP is up against the system that cares nothing for peoples situation,

So long as they have dotted the "I's" and crossed the "T's" they are almost as good as home free

[bluebottle]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Chance of council withdrawing liability order ?
chance of OP winning tribunal?
Problem here is OP is up against the system that cares nothing for the rule of law,

I've fixed your post for you.

[wales01man]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Very optimistic Bluebottle the law will not stop council employees if they are found guilty of anything its the Council that's pays the penalty if its a fine its paid by the public until individuals can be convicted this will not change

[bluebottle]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Technically the Council have the law on its side but you might find some points to argue on the reasonableness of taking Court action whilst a dispute is ongoing. Although slightly different circumstances, there should be some relevant information in the post linked to below:

summons for COUNCIL TAX billed with CT benefit then told differently

What is in the link you have posted is very relevant. Notwithstanding, the manner in which LO hearings are conducted breach Article 6 of the European Convention on Human Rights and, consequently, Section 6, Human Rights Act 1998. It raises serious questions as to the lawfulness of enforcement action.

[A54]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

Do you mind me asking who your local council is?

unfortunately you are about to get tangled in a web that is going to take at least 3 years of your life and even if you play it straight by all the rules, your chance of a successful outcome is minimal.

Sorry if I sound pessimistic but trust me on this one unless you're willing to take on such a battle. Your best chance is fighting it out at the valuation tribunal (Valuation Tribunal England), if you lose, try and come to an arrangement for repayments 'under protest' with your LA while you consider your options. If you win, all fair and good.

Good luck.

A54

[A54]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

BTW do not trust your LA, try and get everything in writing and keep notes of all conversations.

[Ilovetherockies]

Re: C.T Liability Order but Tribunal Appeal pending - Advice needed

It's Isle Of Anglesey County Council, Wales. What are repayments under protest? While I'm waiting for my Tribunal Hearing, the same council has taken me to court now(Summons to answer questions), alleging that because I wasn't entitled to IS, I also wasn't entitled to Council Tax but still claimed it....when I appealed to the Tribunal because I'm challenging the DWP's reason for saying I wasn't entitled to IS. I'm still receiving letters regarding outstadning Council Tax. They are threatening me now because I asked them to please put my account on hold until the appeal has been heard. My question now is, do they have the right to keep on sending demands/threats even though they have taken me to court?