I WON!!!!!!!!!!!!!!!

[Kati]

Re: I WON!!!!!!!!!!!!!!!

I just want them to say they've cancelled the LO now - I proved it was wrong, I proved I didn't owe anything, I don't want the fact they got a LO against me hanging over my head.

(and a letter of apology and a box of chocs/bunch of flowers would go a long way towards making me happier too LOL :tinysmile_twink_t2

[Reluctant]

Re: I WON!!!!!!!!!!!!!!!

Excellent news Kati.
Very pleased for you.
I've not read your letters yet but will do. Thank-you for posting.
I'm trying to remember the differences between having an LO quashed, set aside and a Retraction (I think is the other)
The latter being, what I would like to happen for my 2 LO's.
As my understanding so far is that a LO once issued remain or can remain on record for 5 yrs after it has been paid and may affect ones credit rating and speed certain benefit agencies legal ability to impose sanctions and/or deduct monies once the Personal Information form or the attachment of earnings form have had to be completed.
Plus, as we've read elsewhere on here, enable a Council to apply to the Court to put a charge on ones property or force bankruptcy and/or repossess ones house.

All that aside.
Time for you to breathe a sigh of relief and celebrate. x

[Reluctant]

Re: I WON!!!!!!!!!!!!!!!

Either I'm not doing something right or the e-mail link doesn't work.

[Kati]

Re: I WON!!!!!!!!!!!!!!!

Excellent news Kati.
Very pleased for you.
I've not read your letters yet but will do. Thank-you for posting.
I'm trying to remember the differences between having an LO quashed, set aside and a Retraction (I think is the other)
The latter being, what I would like to happen for my 2 LO's.
As my understanding so far is that a LO once issued remain or can remain on record for 5 yrs after it has been paid and may affect ones credit rating and speed certain benefit agencies legal ability to impose sanctions and/or deduct monies once the Personal Information form or the attachment of earnings form have had to be completed.
Plus, as we've read elsewhere on here, enable a Council to apply to the Court to put a charge on ones property or force bankruptcy and/or repossess ones house.

All that aside.
Time for you to breathe a sigh of relief and celebrate. x

- [MENTION=51853]Reluctant[/MENTION]
"A council tax liability order does not go on your credit record and does not give you a criminal record - the only way council tax would affect your credit rating was if the council made you bankrupt and the only way it would give you a criminal record was if the council went for committal to prison (both are way further down the line)." ( post #2 http://forums.moneysavingexpert.com/....php?t=4062447 ) :tinysmile_twink_t2:

Thanks for the post xxxx

[outlawlgo]

Re: I WON!!!!!!!!!!!!!!!

Someone might be able to verify this but I don't think, even if you serve a prison sentence for Council Tax, it goes on you record (criminal).

[Kati]

Re: I WON!!!!!!!!!!!!!!!

Someone might be able to verify this but I don't think, even if you serve a prison sentence for Council Tax, it goes on you record (criminal).

my understanding was the only way you could get a criminal record is if you were imprisoned for wilful non-payment or culpable neglect.

[outlawlgo]

Re: I WON!!!!!!!!!!!!!!!

House of Commons Library

Imprisonment and debts

...local authorities in England and Wales (but not Scotland) can as a last resort apply to the Magistrates Court for a warrant to commit the debtor to prison for the unpaid council tax. This is considered to be a coercive measure, designed to elicit the funds, rather than a punitive measure for not paying. Only a handful of people each year are committed to prison.

[Reluctant]

Re: I WON!!!!!!!!!!!!!!!

Receptionist at the Magistrates Court and lad I met there who worked in the Reclamations Department at the Council both did say LO's for non payment or late payment of Council Tax was not a criminal but a Civil Offence and that what I had read about benefit sanctions for up to 5yrs thereafter did not apply to CT LO's but was for things like non payment of parking fines or child maintenance. (I think, not totally sure) Fines owed the Court at any rate.

Leaflet "Your Council Tax Summons - your questions answered"
Will the Summons affect my credit rating? No.

...but a Summons is not the actual Liability Order which then enables Court to start charging £1,000 for non compliance for failure to complete the attached personal Information form within 14 days of issue.
It is then that Enforcement fees come in to play and the Bailiffs can be used; and as soon as the sum sought exceeds something small like £1,500, then the Council can either put a charge on my house or file to make me Bankrupt and repossess house as I have no income to pay them.

"What is a Liability Order?"
It is a Court Order which provides the Council further powers to recover Council Tax including:-
1. Using Bailiffs, which may involve the sale of some of your property and will incur you considerable costs.
2. Obtaining information from you about your employment, earnings or benefit.
3. Deductions from your earnings, income support, jobseekers allowance, pension credit or from employment and support allowance.
A letter will be sent to you after the Court date with a form asking for further information.

The wording on my 2 LO letters start listing:-
"You are required by law to complete the enclosed personal information form and return it to this office within the next 14 days. You may be fined £1,000 for either non-compliance or knowingly providing false information. You can make an offer to repay on this form. This can also be completed on line at:-http://www. (council).gov.uk/information/toolbar/apply.aspx

I have 2 LO's one for £0.00 other for 2 months CT paid 3 days before LO issue which equal nought to pay and have been told to ignore the letter as at present I do not owe any council tax.

but if our circumstance improve there is a chance that we would be required to repay the CTR already awarded back to the council.

If your on-line council tax forms are anything like mine.
If I am filling in a PI on behalf of someone else - and as EXORS of my late Husband I would be if I could do it.
I must complete it with that person present to ensure all details are correct.
Well he is in a tub looking like grit and not in a position to verify anything so I can not complete the form without the declaration being a lie.
To which I will be prosecuted for abusing their form and giving false or incomplete information if I try.
Therefore, they have the legal right to fine me £1,000.00 for non compliance.

[skilganon]

Re: I WON!!!!!!!!!!!!!!!

Hi Kati,

just got in from a long day and read your victory well done to you, i am really pleased for you

i am going through hell with the CT myself at the moment, they have just been awarded a final charging order on my home for Lb's issue for the last 3 years.

the 1st LB they obtained was for 11/12 and i knew nothing about it until bailiffs turned up !! have tried and tried to sort out / reason with the council ever since but to no avail.

well done again really am pleased for you, you have given me the inspiration to continue my fight for some sort of justice against these 'people'

[dogtired]

Re: I WON!!!!!!!!!!!!!!!

Well done Kati,great news.
Hope your " pepple" causes a tidle wave for others fighting the bully boys.

[enaid]

Re: I WON!!!!!!!!!!!!!!!

Magic our Kati, well done x

[Kati]

Re: I WON!!!!!!!!!!!!!!!

Just wondering tho' .... does anyone know what happens to the LO now??

[Kati]

Re: I WON!!!!!!!!!!!!!!!

Any ideas?? I'm currently writing a letter to my previous council asking what happens to a successfully appealed LO, but would appreciate any input/ideas from everyone on here too

[starukkiwi]

Re: I WON!!!!!!!!!!!!!!!

Congratulations and interesting as the authority I moved away from in 2013, have placed a liability order on me because they misallocated payments. I received no notifications/letters, first I knew was a deduction in my pay. I shall go on laptop and read the emails, it might help me in my case

[Reluctant]

Re: I WON!!!!!!!!!!!!!!!

Just wondering tho' .... does anyone know what happens to the LO now??

No, but that's what I've been trying to suss out overnight too.
This site may be the one where you can apply to have your credit rating looked at, where things like CCJ's can show up. Not sure, I don't understand the whole process.
This page is about setting aside a judgement and another mentions ways to halt an enforcement notice.
http://www.trustonline.org.uk/unders...ide-a-judgment