Reluctant - summons for Council Tax Arrears

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Miss FM.
I used the phrase (or whatever a legal or even politically correct term may be for that) because I figure it were a fair match to legal documents being described as needing to be checked for being defective.
Council required me to provide evidence as to why I've been incapable of claiming before I did.
Doctor had told me when I ask if I may be on the autistic spectrum, "that adults are difficult to test and it's not something which is treatable."
I happen to score high on an on-line test for Aspergers and couldn't really see why. Other than many of the questions weren't terribly applicable as I'd had a different life to most.

Re: Illness.
Once I gave in to what the people at the benefit help line were telling me I'd have to do ...around about May.
I did go to the Doctors, who had no objection to signing me off sick for the month for stress related illness and then she back date another 2, to cover the 3 months she was allowed to. Following that later with one for 3 months in advance.
Which should give ATOS the time it needs to do an assessment on me, decide I'm not ill, put me on an ESA work program before they throw me off that and no doubt at some point demand their money back.. Which of course they can now get because the two LO's give them the right to place a charge on my house.
Being classed as 'off sick' actually makes me feel like a bit of a fraud because I am not ill like a sick person, I'm just currently a fail at being my own story of success.

In the main, what I experience, I would think is about average for someone who remain at home while children were being raised.
Add slow painful death of long term partner on top of other deaths in the family, my isolation with fear added (self made or otherwise) Lack of skills and extended support network and I know I'm on my own. Vulnerable and wound up in the benefit trap with no tangible way out. I won't seek medical treatment for that.

With Magistrates Court and Liability Orders ones state of health bears no relevance.
They base their decision solely on whether you are the owner or reside at the property in question.
That you are who you say you are and that the Council Tax Bill is applicable or valid.

As Council provide Magistrate with their set of facts and I did not attend Court, (because I owed nothing.) and I was advised, that if I were to go head and attend Court. I would be wasting the Magistrates time and be liable to pay more Court fees. I was not there to dispute the facts which were then presented.

I spoke to someone at Court on the Admin number this afternoon, who refer me back to the Council Reclamations Department. Thankfully giving me one of their direct telephone numbers. The lad I met at Court and paid will ring me tomorrow.

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Reading this.
It looks to me on 1st sight (I may be wrong) that the Liability Order was written because I had not paid "(in a case where a final notice is required under regulation 33)" the whole amount 7 days after the Final Notice.
http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

Final Notice I had. I rang and they would not see me until 20-6-2014 and JSA would not see me until the 12th June.

"Dated 29-May-2014 Council Tax Final Notice.
Please do not ignore this notice as it is a legal document
My records show that despite a previous reminder for this account, your instalments have not been kept up to date.
I must therefore inform you that your right to pay by instalment has been withdrawn and that you are required to pay the total amount due £1058.32 within the next 14 days failing which it will be necessary for me to commence recovery proceedings in the Magistrates Court. Details on how to pay are shown overleaf.

If you cannot pay this amount in full or have any queries about this letter, please contact the Council as a matter of urgency."

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

and I came across this about appealing against a Liability Order. Not sure if it also pertains to CT.

http://www.adviceguide.org.uk/wales/...ity_orders.htm
Can you appeal against a liability order?

There is no right of appeal against a liability order. However, you may be able to apply to a magistrates' court to have a liability order cancelled. This is called setting aside the order.
The order could be set aside, for example, if you received no notice of the original proceedings or if there’s evidence of improper action by the CSA or CMS. Get expert advice about applying for a liability order to be set aside.

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Hi Reluctant
I wonder if you could try to boil it down to a few simple events on a timeline so that we can all understand it better?
HTH along with Kati's wisdom above. xx

Good advice, thank-you I will try.

I read this link amongst others, which does explain why I must do the 'short version' too.
I don't want to be harassing or making it harder for anyone.
Also I understand where it's no longer cost or time effective to respond to the in-concise mix of fact, supposition, assumptions and emotion that I find difficult to separate and contextually place correctly.

It explains why the Council do not have to answer/respond to all of my questions or points in calls or letter and places onus on me to be more efficient and understanding of what process has to be followed and when.

http://ico.org.uk/for_the_public/official_information

The FOIA has a built in safeguard to protect public authorities from having to deal with such requests (called vexatious requests under Section 14). In the case of the EIR, there is an equivalent provision for requests which are manifestly unreasonable [Regulation 12(4)(b)].
All requests place some degree of demand on a public authority’s resources in terms of costs and staff time, and we expect them to absorb a certain level of disruption and annoyance to meet their underlying commitment to transparency and openness under the FOIA and EIR.

the Act contains a provision that ensures that public authorities must consider whether they should provide you with advice and assistance, within reasonable limits.
Nonetheless, the amount of time and resources that a public authority has to expend in responding to a request should not be out of all proportion to that request’s value and purpose.

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

There was a call around 10.30 on the Thursday which may have been from the Council and another began about 10 on the Friday.
We discover our phone has been engaged ever since despite try to locate the fault, be it with the line or equipment.
Line tests carried out and an engineer is due to call 5pm on Tuesday. Past their usual 3 day but it happens like that sometimes.
It's at least the 3rd time in the last year. Once around the floods, another when the wind was up, although no fault showed at 'their end'.
The engineer said it was to do with the local exchange and switching in one of their boxes.
It gave us 2 days off of the dreadful Indian call centres. Last one I took funnily enough was to tell us we had a virus. A co-incidence no doubt.

Also came across these 2 pages on the above site.
The Google one backs up what I knew to be the case before it got looked in to
http://ico.org.uk/enforcement/notices

And the police one also give me justifiable reason why I find it difficult to fill out the required fields on official government forms.
http://ico.org.uk/enforcement/fines


This link and info contained within just blows my mind. I don't borrow money, don't believe in owing money and don't see why anyone should look for information on me but here it points out how many bodies can do just that and there is nothing I can do to stop it from happening.
http://ico.org.uk/Global/faqs/~/medi...p-guidance.pdf

I put in a verbal request for nhs records and this morning came across these two links which led me to realise why I need be exact and concise also.
http://ico.org.uk/Global/faqs/requesting
and
http://www.fassit.co.uk/access_records.htm

[Guest]

Re: Reluctant - summons for Council Tax Arrears

The sequence of events that are followed are as follows:

1. Demand notice issued (the bill)
2. Once an instalment is missed, a reminder notice is issued (7 days to pay missed instalment/s
3. Another reminder notice may be issued for a further payment missed
4. If payment is missed again, a final notice is sent giving the debtor 7 days to pay the whole years tax in full.
5. If payment is not received, the authority will apply for a LO from the magistrates court. This gives the authority further, more powerful options to recover the debt.

It should be noted that costs are incurred prior to the hearing. In this case, once the 7 days had elapsed, the council could (and probably would) have incurred costs-postage, printing, man hours etc in beginning to apply for the summons. This means that in paying the bill after the 7 day notice, the debtor still hasn't covered the additional costs incurred by the council. If the summons costs had been paid for as well, then the LO wouldn't have been issued. Most greedy councils front load costs onto obtaining a summons so as to maximise profit (by law, they shouldn't profit from the process bu they do) with an example being:

Costs of obtaining a summons: £70
Costs of obtaining a LO £25

I would say that the OP should pay the LO costs and walk away before further action is called for.

The 21 days for appealing the LO has passed (thankfully) as this is not an avenue that I would recommend without first obtaining proper legal advice. An authority can also ask for the magistrates to "set aside" the order but its highly unlikely that they will do so in this case. If the debtor feels that the authority is being unreasonable then the decision can be challenged by judicial review. At this stage, as the tax has been paid, it is going to be cheaper to just pay the costs for obtaining a LO and move on.

If there is a dispute over the amount of tax charged (and paid) then this should be addressed in writing to the council, if the OP is still not happy, escalate it to a complaint and follow the procedure through to the LGO.

The second LO is troubling me. I have never come across a situation before where an authority seek to recover the debt from the estate of the deceased. I would again write to the authority regarding this, arguing that the deceased is not hear to accept or dispute liability and as such, the debt should be written off. Furthermore, there are no funds or equity in the estate of the deceased.

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

I'll start with tax yr 2012 to 2013 and leave the LO written for yr 2000 for now as it's for £0 and I do not know why they sent it.
20-3-2012 CT Bill in my Husbands Name. £1,031.16 Paid 12 or 18-4-2012 £1,031.16 + £2.60 fee.
30-4-2012 CT Benefit (backdated) Calculation letter 18-10-2012.
18-10-12 Benefit Calculation letter. 30-4-12 to 5-8-12 £16.48 || 6-8-12 to 6-8-12 £13.18 || 7-8-12 until further notice £19.78
23-10-2012 CT Bill 1-4-12 to 31-3-13 £1,031.16. Benefit 30-4-12 to 31-3-13 -902.09. Payments received as@date of issue -1031.16. = 902.09 CR

I married him New Yrs Day in ICU as we were told he would die that day and had refused to be treated, which was not true.
By law NHS would not listen to me unless I was his Wife.

18-3-2013 CT Reduction assessment Calculation. £15.11 for period 1 Ap 2013 to 31-3 2014. The claim reduction to CT summarised £788.02
18-3-2013 CT Bill £262.67 (I do not understand this one.) As @ 25-2-2013 your 2012/2013 CT A/C is in credit by -902.09
This has reduced your 2013/2014 Account to leave a Balance of -639.42

17-6-2013 As per rules I notified of death (& Marriage) on the 1st Monday after DoD and notify of name change.
17-6-2013 Council letter from Business Support Dept. to MISS (Initial/Surname) Re:CTR.
"There is a ctr scheme designed to help you if you are liable to pay ct for the property you live in, and you are on a low income. If you are of working age the maximum assistance towards any ct payable is 75 per cent of the liability.
If you would like to claim this benefit please complete and return the enclosed application as soon as possible.

That letter arrived after they'd paid themselves.
Besides I had been told I do not need to claim benefit in the 1st yr after death. I can't recall which Dept told me that now.

19-6-13 CT Bill to MISS (initial/Surname) Balance brought forward -902.09
Charge for period 1-4-13 to 31-3-14 1050.69
Ctr-Working Age Other Scheme 1-4-13 to 14-6-13 -161.92 Amount Due 13.32 CR.

That looks to me as if they wiped the 1st 6 months of my husbands life and how we'd been awarded CTR and took the money that could have been used to build a ramp so he could make it to hospital and instead chose to pay themselves for the full yr 12/13 instead of calculate the 2nd part of the yr with our income as it was before but take in to account we were now minus ESA, DLA, Carers and IS due to no longer being considered a family as before. That is main reason why I did not make another claim for CTR prior to the beginning of this yr 2014/15 and there was no liability to pay.
I'm now forgetting what year we're in, when he died etc. Tired.

17-6-2013 another letter I forgot about. To a MRS (his Surname not mine) I left this on the table downstairs until Christmas as I thought he complete his SE tax return on line. I was wrong. He printed the forms off via the internet which isn't the same thing. I tried to get it sorted on-line to miss the penalty but couldn't. Had to have appointment with them and complete the proper forms. I won't make that a longer story here. No tax to pay & they return the penalty payment with 6p interest. I've not cashed the cheque yet. They'll want it back later.

19-6-2013 Jobcentreplus letter to My late Husband. Re: Your claim for ESA
We are writing to tell you that the contributory element of ESA can count as taxable Income.
For the period up to 15 June 2013 in the 13/14 tax year we paid a total allowance of £1833.97, of which £1155.04 was taxable. This is added to any earnings for this tax year.

If you think the amount of taxable allowance is wrong, you should write to this office giving your reasons. You must do this within 60 days of this letter, as you cannot challenge it afterwards.
[They already knew he was dead by then, he wasn't in a position to challenge anything.]
Jobcentre Plus staff work to offer a complete service through your jobcentre. If you have an enquiry about your claim for E&SA you will be referred to the Decision Maker or appeals section.
Keep this letter to help you fill in any future tax return.
We will answer questions about how we calculate taxable allowance, and your Tax Office will help you with any other taxation questions.

NO ONE would allow me to have a face to face appointment with ANY staff at the Job Centre until 12-6-2014.
I could not even get a refusal for benefit in writing which I would need to produce to the Council as proof of no income in order to be eligible for CTR and I already knew they would not accept I had no income unless there was proof that I was in receipt of benefit.

Via CAB website I read for the 1st time, something I did already know but was not written on any of the Gov. or Council websites. That in some instances such as domestic violence a person could be seen by the Jobcentre and be treated as if they were claiming without having to claim on-line.
Found it.
"In some cases, Jobcentre Plus has to treat you as if you're actively seeking work. This means you could get JSA even if you're not able to look for work for a period of time. This may apply to you, for example, if you have experienced domestic violence,"

http://www.adviceguide.org.uk/england/benefits_e/benefits_benefits_in_work_or_looking_for_work_ew/benefits_for_people_looking_for_work.htm
For some reason the CAB Advice guide. "Benefits for people looking for work" link looks broken.

Also came across this when looking.
http://www.medwayfisd.com/kb5/medway...id=eDdbDNZXHiQ

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Found out why the Liability Order for Balance of £0.00 was written 14yrs after the Summons. It's clever.
Money (The Fine/penalty of issuance of Summons & LO combined costs) in the meantime sits in the Court fund waiting to be claimed and in the meantime is used to pay out Victims of Crime and other compensation.

As Council give me so many days to complete the Personal Information form attached to the Liability Order, which I did not feel able to complete as the Council would or could not help to answer if I need give them the information for the yr 2000 or this year (when he's already been dead a year,) so could not be present to confirm that the information I put on the form was correct, meaning I have not been able to appeal to the writing of the Liability Order that I thought should not have been written... the time limit has now likely expired and the Council will be able to keep their portion of the fine by claiming it from the Court Fund. ... or the Court keep it. I don't know tbh which.
I'll have to see if I can write a letter explaining that and see if they reimburse the original penalty payment or tell me I'm too late or they don't know what I'm talking about.

I sussed why they issue it by reading this:-
https://www.gov.uk/find-court-money
it was a click away from this:-
https://www.gov.uk/browse/justice/co...cing-tribunals
and also came across this site:-
http://www.lawontheweb.co.uk/Legal_D...Access_Request
which I don't know if it might be useful to others too. Has template letters I've not downloaded yet.

[Kati]

Re: Reluctant - summons for Council Tax Arrears

You seem to be finding out lots of information Reluctant ... That's always a good thing
The more we can find out about the hows, whys, wheres and whens the better understanding we will have on any given situation.

Kati x

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

You seem to be finding out lots of information Reluctant ... That's always a good thing
The more we can find out about the hows, whys, wheres and whens the better understanding we will have on any given situation.

Kati x

When the LO arrived on his Birthday (knowing how he was a stickler to be sure to not owe anyone anything,) I just thought "How cruel, he'd be turning in his grave if he'd got one".
Human instinct has us be protective and feel it's an attack. More so when I'd been begging down the phone & in person asking they not issue an LO at all. And I could pick-up on how some staff did seem to want to help.
But now I 'get the maths' as to why it is how it is, I don't mind so much and can see the human side to the reason why it's been issued also.

Don't get me wrong, I've not gone all fluffy bunnies & love actually. I still expect to be shat on from a great height at some point if I fail to keep up my guard.
Especially now I've had a chance to read a few more threads where others are fighting to keep their heads above water and feel pushed under.

I need to put my sitting on backside searching for 'solutions' in to practical application.
Monday I spent 2hrs copying GP medical notes, which, as is, don't scream Domestic abuse. But give dates of visits & why and I know what lies between the lines.
As a story, for me it is easy to see why abuse is commonplace and goes undetected, much like child abuse once did.
I was the 1st to deny for the initial 8 of 10 yrs when stresses increased on my Other half.
He was always a wonderful diligent, hardworking person and the difficulty (& in the main success) to control frustrations were admirable throughout the lengthy process while cancer took it's toll.
He suffered tremendous pain and fought within to be who we all knew him to be. I was closest, so stood in the way to absorb how bad he felt and wound up weaker for it over time.
Me pleading incapable now isn't really fair on anyone, but it isn't as easy at it should be to bounce back to a life that I only see others being successful at.

I've just been through a years worth of phone bills one of mine managed to locate & print off via the net.
It's quite settling to have a list that I can now tie in with my hearsay & half jumbled notes covering 2yrs, which were squashed in to 1 diary and 3am thoughts scattered on the internet.
I'll either do a 'short version' this afternoon or paint a ceiling. ...unless I'm distracted by something else.

I wish the best for anyone who's been feeling overwhelmed. Just got to keep trying any way you can I suppose.

[Kati]

Re: Reluctant - summons for Council Tax Arrears

Reluctant,

You honestly amaze me I think your user name should have been "Resilient" instead ... I am so glad that you have set your mind to pro-activeness and are now digging around and putting things straight!

Kati x

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Reluctant,

You honestly amaze me I think your user name should have been "Resilient" instead ... I am so glad that you have set your mind to pro-activeness and are now digging around and putting things straight!

Kati x

I wish.
I've started a few letters but I get 'lost in the moment' and can't get back out once I do that.
Resilient.. yes but not in the best way one can be. More like a rabbit in headlights. I don't fight and I don't run.
With reading all the self help & wiki pages on brain, ability, various definitions that could define me. I fall under the (learned) 'helpless' category.
Pavlovs dog, kept in a cage given shocks, then switch off the triggers and wonder why on earth it will not leave. Simple really... once bitten, twice shy.
In that case nothing in themselves will move them, they have to be physically removed and with me there is no one to do that.

With the letter writing, I can't even be sure that I fear consequence of being wrong as I know criticism can be beneficial. Another aspect is my defiance that will not allow me to engage where I have perceived a threat as I won't bow to them. Illogical as I then fret on what can happen next.
I'm my own worse enemy.

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

I'm just going to whine a bit.
I've received a 4 page letter (dated 11/9/2014) from the 'Business Support Department' of my Council, in response to my poorly worded 5 page letter I handed in person to the Council. Addressed to:- Senior Customer Contact Financial Assessment Re: Council Tax Reduction on the 8th of August.
They agree Capitol is not classed as income and I was entitled to the 75% (& would have to pay the 25%) and that my 2 adult children get their maximum benefit.
They refute what I had read on their website and what all staff had told me during enquiries, which state benefit will be awarded from the 1st Monday following the claim being submitted, by saying they did not receive the claim in the correct office until 23/6/14 the day before the Summons was issued 24/6/14 even though my appointment was with them 20/6/14 and claim form date stamped on the 20th.

The actual date to attend Court or pay all due before in order to ensure no Liability Order was written was 10/7/14.
All money due to them was paid by 9/7/14.
Basically they do not comply with their own wording on the Summons.
IE:-"If the above amount is paid BEFORE THE DAY OF THE COURT HEARING ALL PROCEEDINGS WILL BE STOPPED."
&
"If the above amount is NOT paid in full BEFORE the Court hearing, an application will be made for a Liability Order which allows the Council to take actions detailed overleaf.
&
"To prevent the liability order you must pay in full before the court date, including the summons costs, otherwise the council will apply for a liability order.

Essentially what their letter is saying.
Is that I owe/am/was liable to pay the £1,034.00. Which is made up of 9 of the 10 payments, as the 1st mth was paid 2 mths late.
They are using the date of issuing letter informing me of a court date not the actual date I was summons to appear in Court.
Those mthly amounts differ from the original bill due to being in credit but did not take into account CTR award and add Court costs to issue the Summons and Liability combined £80. even though the LO need not have been written.

I could go on but what's the point?
If they want to put a charging Order on my house they'll do it anyway.

[Kati]

Re: Reluctant - summons for Council Tax Arrears

I'm just going to whine a bit.
I've received a 4 page letter (dated 11/9/2014) from the 'Business Support Department' of my Council, in response to my poorly worded 5 page letter I handed in person to the Council. Addressed to:- Senior Customer Contact Financial Assessment Re: Council Tax Reduction on the 8th of August.
They agree Capitol is not classed as income and I was entitled to the 75% (& would have to pay the 25%) and that my 2 adult children get their maximum benefit.
They refute what I had read on their website and what all staff had told me during enquiries, which state benefit will be awarded from the 1st Monday following the claim being submitted, by saying they did not receive the claim in the correct office until 23/6/14 the day before the Summons was issued 24/6/14 even though my appointment was with them 20/6/14 and claim form date stamped on the 20th.

The actual date to attend Court or pay all due before in order to ensure no Liability Order was written was 10/7/14.
All money due to them was paid by 9/7/14.
Basically they do not comply with their own wording on the Summons.
IE:-"If the above amount is paid BEFORE THE DAY OF THE COURT HEARING ALL PROCEEDINGS WILL BE STOPPED."
&
"If the above amount is NOT paid in full BEFORE the Court hearing, an application will be made for a Liability Order which allows the Council to take actions detailed overleaf.
&
"To prevent the liability order you must pay in full before the court date, including the summons costs, otherwise the council will apply for a liability order.

Essentially what their letter is saying.
Is that I owe/am/was liable to pay the £1,034.00. Which is made up of 9 of the 10 payments, as the 1st mth was paid 2 mths late.
They are using the date of issuing letter informing me of a court date not the actual date I was summons to appear in Court.
Those mthly amounts differ from the original bill due to being in credit but did not take into account CTR award and add Court costs to issue the Summons and Liability combined £80. even though the LO need not have been written.

I could go on but what's the point?
If they want to put a charging Order on my house they'll do it anyway.

Oh [MENTION=51853]Reluctant[/MENTION] .... I cannot offer any advice to you, but I can say I will be there for you if you ever need to moan

:_tighthug__by_darkm

Kati x

[Reluctant]

Re: Reluctant - summons for Council Tax Arrears

Oh @Reluctant .... I cannot offer any advice to you, but I can say I will be there for you if you ever need to moan

:_tighthug__by_darkm

Kati x

Thank you.
I'm finding out what is said that I can do. Like this for instance.
http://www.valuationtribunal.gov.uk/...0Liability.htm
Reasons 1 & 3.
I did not think wrong name made Summons valid, plus amount due was different and others in the house should be ignored for special reasons.

• You are not the liable person. In other words, you do not think that you should pay the council tax.

Council letter mentions "if I disagree with the way in which your CTR has been calculated you have the right to appeal to them within 2 months of the date of the appeal letter."
But in bold they add:- "You should note that appeals against (their) CTR scheme itself are outside of the jurisdiction of the Valuation Tribunal and therefore may not be accepted."

and this for them to consider removing the fine.
http://www.valuationtribunal.gov.uk/...y%20Notice.htm
Which so far the return appeal letter states I can not do because...

"I have made enquiries with the Senior Debt Recovery Officer, who has provided the following response to your enquires:
You have said that the summons was incorrect on 2 counts:"
Letter continues with why I am wrong and they are right.
However, I am certain if I were to have had legal representation at my disposal, there would have been no need to argue the toss and a Magistrate would have required the Council to produce the paperwork without defect.
One of those two members of staff add:-
"Your application for CTR was received in this office on 23/6/14, the day before the summons was issued, there is case law that suggests an application for a reduction is not valid defence against the issue of a liability order, as there is no guarantee that an application will lead to an award of CTR. (E.g there may be no entitlement). As your claim was processed on the 3/7/14 there was no delay in dealing with your claim for a CTR and I am unable to agree that the summons was issued incorrectly due to your application for CTR."

To my mind, a 'suggestion of case law' made by a staff member who is not of the Court, seems to me to be no more than a suggestion that they want to be right, when in fact, they need to follow their own guidelines which state "CTR will be awarded where entitled from the 1st Monday following the date on which the claim form is submitted to the Council" and the Council should hold off on wasting Court time and the additional cost incurred to any tax payer.

Local authorities should be prepared to use section 82 – an application which costs them nothing – every time an order is wrongly issued.
That one is of a 2003 act.

Alas. I am little more than a weary keyboard warrior who lacks what it takes to win my own battle.
I did come across this though.
http://www.sarahrobsonbarrister.co.u...-Articles.html
Have in my notes copied over some info about case law and common law etc. which might be too long for those not interested or already known by those who do this sort of thing for a living.
There's something in section 32? or 34 of The Council Tax (Administration and Enforcement) Regulations 1992 that may be relevant.
http://www.legislation.gov.uk/uksi/1...lation/34/made
and I found this which might help also. Can't remember if I've posted them before.
http://z2k.org/2013/01/liability-ord...strates-court/

and finally...
over 95% of the work of a Magistrates Court is criminal, so you may find staff are unfamiliar with the rules on setting aside civil cases such as liability orders. It is not uncommon to hear people have been told this is not possible.

The secret to successfully challenging a liability order is to act fast as soon as you receive a summons or think a liability order mayhave been made. It is not unlike applying to set aside a statutory demand when it comes to time running. Write to the court and ask for a hearing to consider your application to set the liability order aside.