Liability Order Issued for Wrong Amount

[mikeyw64]

Start of this year I started getting letters (& a house call) from Rossendales in relation to an alleged unpaid Council Tax from 2006/7

Managed to get them off my back by copying Teignbridge District Council (TDC) on all communications and insisting that I would only deal with TDC not Rossendales as their agents

Cut a long story short TDC have now supplied copies of the original Liability orders that were granted back in August 2008 (Iunderstand LOs are exempted from the Statute Barred if granted before the 6 year point)

However they have also admitted that:

"In actual fact the amount owing is less than that stated on the original liability orders
as at the time they were granted the account ran until the council tax year end.

When you vacated in September, the amount reduced accordingly, leaving the balance at £917.38."

This only came to light after I had received copies of the LOs and had made a repayment offer based on production of those LOs.

Question is should I just bite the bullet and stick to the (revised) repayments or are there any grounds to get TDC to restart the whole process given the LOs were obtained for an incorrect amount ?

Ok I know I may appear to be being petty and it is a point of principle. If I really wanted too I could pay the amount in full next payday

[Kati]

Re: Liability Order Issued for Wrong Amount

Personally I'd be fighting to get them to rescind the LO on the grounds it was wrong (but I'm sure other Beagles will offer advice too)

[outlawlgo]

Re: Liability Order Issued for Wrong Amount

...Cut a long story short TDC have now supplied copies of the original Liability orders that were granted back in August 2008 (Iunderstand LOs are exempted from the Statute Barred if granted before the 6 year point)

The 6 year limit applies from the date when a taxpayer defaults to when a council can apply for a liability order. They apparently have as much time as they like to enforce it once obtaining it.

...Question is should I just bite the bullet and stick to the (revised) repayments or are there any grounds to get TDC to restart the whole process given the LOs were obtained for an incorrect amount ?

Hope someone can verify this but if a billing authority wants to increase the value outstanding on the liability order it has to apply again, but where the amount outstanding is less than the liability amount, that amount is simply considered paid.

[mikeyw64]

Re: Liability Order Issued for Wrong Amount

The 6 year limit applies from the date when a taxpayer defaults to when a council can apply for a liability order. They apparently have as much time as they like to enforce it once obtaining it..

Thats what I said

Hope someone can verify this but if a billing authority wants to increase the value outstanding on the liability order it has to apply again, but where the amount outstanding is less than the liability amount, that amount is simply considered paid.

waits with bated breath for confirmation or otherwise

[outlawlgo]

Re: Liability Order Issued for Wrong Amount

Sub paragraph (5) looks like you can request that the council apply to the court to quash the order and make another one for less.

http://www.legislation.gov.uk/uksi/2004/927/regulation/5/made

[Kati]

Re: Liability Order Issued for Wrong Amount

Sub paragraph (5) looks like you can request that the council apply to the court to quash the order and make another one for less.

http://www.legislation.gov.uk/uksi/2004/927/regulation/5/made

I managed to get one quashed last year (I was on CTB at the time they said I owed for). I would say, however, that they were reluctant to do this ... I was told it would make them look bad :lol: ... and it was only when I threatened to go to the newspapers with my proof (which they'd already received and acknowledged) that they actually did it

[Crazy council]

Re: Liability Order Issued for Wrong Amount

hi

Personally I'd be fighting to get them to rescind the LO on the grounds it was wrong

I think the case law says, that as long as any amount has been outstanding at some point during the period, and its more than 1 months CT 1 month in arrears, then variation to the amount outstanding does not have any affect on the original liability order. I think a copy of the most recent judgements is posted somewhere here on LBs,

[Debt Camel]

Re: Liability Order Issued for Wrong Amount

Question is should I just bite the bullet and stick to the (revised) repayments or are there any grounds to get TDC to restart the whole process given the LOs were obtained for an incorrect amount ?

Ok I know I may appear to be being petty and it is a point of principle. If I really wanted too I could pay the amount in full next payday

I don't think it's petty - but i think you should seriously consider whether your life wouldn't be a lot better if you just pay what you owe (obviously no more!) and move on. The people you are dealing with don't care. They are getting paid a decent amount to deal with whatever you do, and the longer you carry on doing it, the more hours they will get paid for. And it won't make a difference financially to the council. But by carrying on, you are allowing them to waste your time and mental energy. there must surely be something more interesting that you could do

[mikeyw64]

Re: Liability Order Issued for Wrong Amount

on the plus side at least I'm dealing direct with the organ grinder (TDC) rather than the monkeys (Rossendales) especially given some of the horror stories I've seen online about their operating practices

[stevemLS]

Re: Liability Order Issued for Wrong Amount

Cut a long story short TDC have now supplied copies of the original Liability orders that were granted back in August 2008 (Iunderstand LOs are exempted from the Statute Barred if granted before the 6 year point)

However they have also admitted that:

"In actual fact the amount owing is less than that stated on the original liability orders
as at the time they were granted the account ran until the council tax year end.

When you vacated in September, the amount reduced accordingly, leaving the balance at £917.38."

If I understand it and these facts correctly as soon as the taxpayer defaults on any monthly payment arrangement the bill for the whole year becomes due.

They obtained the liability order in August 08 and you left the property the following month.

If that is right, then the LO was for the correct sum at the time it was obtained which would remove any right to have it set aside.