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Council Tax liability order

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  • Council Tax liability order

    Hi All

    Has anybody ever seen a liability order?

    Having been summoned to appear before the Magistrate on the 29th June 2016 at Basildon, Essex. to give just cause as to why I have not paid 63 to Thurrock Council. I attended - was given a number and told to wait - got called into a small room where two young ladies behind a small desk asked for a copy of the summons and proceeded to complete an "agreement to pay" I of course challenged this stating "I was here to see the magistrate to plead my case" I went on to explain that I had let the property to Havering Council for 3 years and they were responsible for the CT as my tenant. Indeed I explained that Havering Council had written to Thurrock Council on a number of occasions requesting a revised invoice so that they could make payment, In reply one of the young ladies stated that "as I was the owner I was liable and the Magistrate would make a liability order against me". I stated that "I am happy to plead my case before the Magistrate" at this time another official requested to see the lease and other correspondence from Havering Council. After a brief inspection this new official dismissed the lease as a "a management agreement" and that I had a billing issue with Havering Council. When I stated I was happy to let the Magistrate decide I was sent outside to wait. I did notice the same official on the phone for a good few minutes. After a time I was summoned to another room where two officials asked to see the paperwork again. After a number of phone calls I was told that they had found the original paperwork from Havering Council paperwork and their was not a debt to answer and I would get a letter of apology. Needless to say I did not get an apology. I did get a letter from Kevin Tuttle debt manager Thurrock Council telling me that a liability order has been granted.

    I have asked Kevin Tuttle and Basildon Magistrates court for the Liability order - will I get this? Am I entitled to the original? Do the bailiffs need to have a copy of the order when they attend for enforcement??


    Thanks for any hellp
    Tags: None

  • #2
    Re: Council Tax liability order

    It sounds as though from what you're saying that the council has dealt with this wholly incompetently or has deceitfully allowed your details to remain on the complaint list knowing that it would then be something you would have to appeal to the court (high court) for Magistrates granting the order. Neither of the two scenarios would be surprising.

    You do however have cause to complain about being denied an appearance before Magistrates and for your details not being removed from the complaint list (if it was agreed and they didn't).

    As for the existence of a liability order; all that will be is a record which is kept electronically of the complaint list (bulk complaint) with basic details relating to the amount outstanding and costs etc., with it noted which accounts had been withdrawn. The complaint list will probably have been printed out by the council for the bench to briefly look. If they do provide proof that they hold a liability order all that will be is the relevant pages of the complaint list.

    An explanation of the procedure is here:

    (JUSTICES' CLERKS' SOCIETY)

    Procedure in Liability Order Applications

    Comment


    • #3
      Re: Council Tax liability order

      Thanks Outlawgo your help is appreciated

      Since posting - My MP Stephen Metcalfe has written to the council asking for an explanation. Thurrock Council have refunded me in full - I have received apologies.

      However this is not good enough I am now on a mission to expose the absolute indifference the council shows to its constituents and possible abuse of power. Whilst I personally understand why the better off should pay taxes to ensure services are maintained I cannot see the value of persecuting those who are unable to pay either in full or at all. To give my MP his due he is of exactly the same opinion. I have put in a Service Access request for a whole raft of information and will keep you posted. The crusade continues

      rwmanto

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