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

[Reluctant]

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

Then there's this route you can take, which may give a good result.
https://www.gov.uk/make-a-freedom-of...or-information

This one may not be relevant in this instance as it's more the Council who failed to provide accurate info more than the Court not acting as well as they could have.
https://www.gov.uk/government/organi...duct-ombudsman

[outlawlgo]

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

Quashing of Liability Orders (Explanatory Notes).

Section 82: Quashing of liability orders

187. When a taxpayer falls behind with their council tax, billing authorities have to apply to the magistrates’ court for a liability order before they can seek to use various powers to recover the debt. There are relatively few defences against the making of a liability order - these include the fact that an amount has not properly been demanded or that the amount has been paid. Unless a defence is accepted by the court, the order will be granted. In practice very few are refused.

188. However, it can emerge after the order has been made that a mistake has occurred, for example, the taxpayer may later find receipts proving that he had paid. In such cases, no action should be taken under the liability order. However, some taxpayers view the liability order as an unwarranted stain on their character and demand that the liability order be deleted from the record. At present, this can only be achieved on application to a higher court. The cost involved is unwarranted where there is no dispute about the facts.

189. Section 82 (which inserts into Schedule 4 to the LGFA 1992 a new paragraph 12A) allows the Secretary of State (in Wales the NAW) to make regulations giving magistrates' courts powers to quash a liability order if the court is satisfied that the liability order should not have been made. This only applies where the local authority has applied to have the liability order quashed. It does not give council taxpayers a right to require magistrates' courts to reconsider all liability orders made.

190. New paragraph 12A(b) enables regulations to be made permitting the magistrates' courts to substitute a liability order for a lower amount where it considers that a liability order could properly have been made had it been made for that lower amount (which would include a sum for the costs incurred in obtaining the original order).

Schedule 4, 12A

The reference with regards the Council Tax (Administration and Enforcement) Regulations 1992 is Regulation 36A

[Kati]

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

Looks like my next step is to get on to the council again, and get it quashed

They're going to LOVE me by the time I've finished with them (not) :tinysmile_twink_t2:

[Kati]

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

Arrived earlier today

(I'd mentioned to the guy at the council that the bailiffs name was different on the register than that on the enforcement notice LOL)

[Kati]

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

Update:

I emailed the council as per the info from @outlawgo (thanks for that :tinysmile_twink_t2:) on September 5th:

I do have one question about this matter ... what now happens to the liability order that was taken out in my name?? I know that under regulation 36a of the Council Tax (Administration and Enforcement) Regulations 1992, there is provision for the quashing of LOs - namely where:

1(b)the authority on whose application the liability order was made considers that the order should not have been made,the authority may apply to a magistrates' court to have the liability order quashed.

Is this the route that mine will now take??

Their reply (same day):

All of the action has been withdrawn off your council tax account and the costs removed.
There is legislation whereby an application can be made to the magistrates court to formally withdraw proceedings but is not generally used as the time we have allocated at court is limited.
There is no debt on your account therefore nothing will happen with the Liability Order.

If you want the matter relisted for the Liability Order to be formally quashed I can contact the court for this to be considered

So ....

Personally, I would prefer if you could re-list it and get it quashed, but if this is going to be too much hassle, I might settle for something different.

If you cannot easily get the LO removed, I would be satisfied if you posted it to me (Royal Mail) with a covering letter saying that it is now deemed null and void, and explaining why it has not been returned to the courts and formally withdrawn - but I would still need a copy of the summons (for my records) too.

And this morning:

I will contact the court to get the matter listed , you will be written to after the court date to confirm the matter has been formally withdrawal.

I hope to list it for either 11 September 2014 or 6 October 2014, I will email you once the date has been confirmed.
I hope this is satisfactory

[outlawlgo]

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

A rare ocasion I should think. Putting them in the awkward position of alternatively having to produce a liability order which doesn't physically exist must have been a major influencing factor for the authority agreeing to arrange a quashing hearing.

[Kati]

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

I like making them squirm :tinysmile_twink_t2:

My next move is to send off a SAR request and get copies of everything I asked for in my emails that way instead!!