Robbery!!

[Fetherston]

Re: Robbery!!

The latest on the court is that they have set a date for a review of the case with a view to setting aside the liability orders. However it is 21st August and CEO of the council hs written to us saying if we dont pay by 14th August (the full amount of the incorrect liability orders - which he will not accept are incorrect) he will evict us. Since this is a private house I cannot see how he can?? We have sent the cheque back by handing it to a councillor who personally has handed it to the CEO,

[bluebottle]

Re: Robbery!!

The latest on the court is that they have set a date for a review of the case with a view to setting aside the liability orders. However it is 21st August and CEO of the council hs written to us saying if we dont pay by 14th August (the full amount of the incorrect liability orders - which he will not accept are incorrect) he will evict us. Since this is a private house I cannot see how he can?? We have sent the cheque back by handing it to a councillor who personally has handed it to the CEO,

I cannot believe what I am reading. If the CEO of the Council knows there is a court hearing pending to set aside the Liability Orders because correct protocols have not been followed, he should not be making threats of the nature he has made.

In order to evict someone from a private property, the law makes claimants jump through a series of hoops first.

Ring the court first thing tomorrow morning and inform them of this CEO's actions. Also, inform the councillor who handed the cheque back to the CEO of his actions. The very least the councillors should do is suspend this CEO from duty, pending disciplinary action, that is, if the court doesn't act first.

[bizzybob]

Re: Robbery!!

This council are out of control, and the CEO should be suspended as per BB and the police should pay him a call.

[bluebottle]

Re: Robbery!!

This council are out of control, and the CEO should be suspended as per BB and the police should pay him a call.

This is why the OP needs to inform the court first thing tomorrow without fail. It is possible the OP may have to attend the court and swear a Deposition and should be prepared to attend the court if required to do so.

[Crazy council]

Re: Robbery!!

amounts before 2008 should have been included in the bankruptcy but the judge ruled that as they were not actually claimed (even though they date back many years before) until later in 2008 it was right that they were not included in the bankruptcy. I am not sure I agree!

after re-reading something, i agree, its to do with how CT or NNDR is classed as an asset,

Was any CT included in the bankruptcy claim. ?

It may be worth while you ringing up the ORs officer and asking them what they think about it. They have a technical dept you can ask. I dont know if i would be approaching the court yet, see what the OR says, BUT DONT TELL THE OR THAT ITS ALREADY BEEN TO TRIBUNAL.

[Fetherston]

Re: Robbery!!

Thanks for that Ill give them a ring and let you know.

[Crazy council]

Re: Robbery!!

Hi fetherstaone

a question, that may be important.

Was any CT included in the bankruptcy claim. ?

. The OR would now that. I mean the original accounts as charged prior your BK

[Fetherston]

Re: Robbery!!

The amounts could not be in the bankruptcy because the actual claim was decided (by tribunal) after the bankruptcy. The OR was very helpful and sympathetic but the answer was still no. I can't get anywhere with the court. They will not re-open the case. The Police have said that they cannot get involved because the council will just say its an administrative error. However, I have made progress with the Valuation Tribunal who have opened an appeal for me. However, the council now says they do not recognise the Valuation tribunal. There was a vote of no confidence in the CEO n another matter at a council meeting last not but not enough people voted for the motion. This man seems to be fireproof!

[seduraed]

Re: Robbery!!

Ask them about ignoring the tribunal decision again and record the answer . I think the council have just dug a very big hole for themselves . A tribunal has the status of a court and ignoring it is contempt.

[Crazy council]

Re: Robbery!!

Let me have a good read up over the week end and check something.

You will need an accurate as possible record of when you should not have been paying full CT for these years.

I dont necasseraly agree with what the OR says, becuase of how CT or NNDR is classed as an asset but i need to re-look and re-read through the case law.

At this stage, best thing to do is serve an accurate record on them of what you owe.

[Fetherston]

Re: Robbery!!

They say that tribunal decisions are not enforceable, but what they are getting wrong is that tribunal decisions are not enforceable as is for example a county court judgement - nevertheless as you say, the decision is that of a court of law and should be adhered to. The council does not reply to my letters or emails so I cannot get an answer from them. The LGO ruled that their lack of response was maladministration but they are not prepared to take that any further.

[Fetherston]

Re: Robbery!!

Even more councillors have contacted the CEO and asked him to drop my case altogether and he is saying that he will not do so. His latest rick is to try and force my husband - who has brain damage from a car accident to go to a meeting with him and to take a letter from me saying that he has my authority to agree to whatever the council wants him to do (which is sign over our house to them). If this was in a TV programme you would not believe any of it!!! I desperately need a solicitor who will help us deal with this. The CEO is on a huge power trip and no-one can stop him.

[bluebottle]

Re: Robbery!!

Even more councillors have contacted the CEO and asked him to drop my case altogether and he is saying that he will not do so. His latest rick is to try and force my husband - who has brain damage from a car accident to go to a meeting with him and to take a letter from me saying that he has my authority to agree to whatever the council wants him to do (which is sign over our house to them). If this was in a TV programme you would not believe any of it!!! I desperately need a solicitor who will help us deal with this. The CEO is on a huge power trip and no-one can stop him.

Nice try. The councillors have or should have the necessary power to suspend the CEO from his post, pending an investigation into his action. In respect of the CEO's behaviour, we could be talking Misconduct In Public Office or something just as serious. If you want my opinion on the CEO, he is a sociopsycopath, in short, power-mad and sees no wrong in what he is doing, even though what he is doing is anti-social and, quite possibly, criminal. As Bizzybob would say, he is "leading beyond his authority". Too bloody right he is! Tell the councillors to grow some backbone and suspend him immediately.

[bizzybob]

Re: Robbery!!

Might be worth going to the press if the councillors don't sort their out ofr control l.oose cannon CEO. There are adequate reasons for his suspension pending investigation.

It might be worth mentioning to councillors that if he is allowed to go unchecked they themselves may be held liable for his actions later and even be Surcharged, Maybe they can be ultimately, but it might be worth threatening that it "could" happen if they don't sort him pronto

[wales01man]

Re: Robbery!!

I cannot beleive I am reading about the actions of A public servant action must be taken