Council Tax Liability Order Appeal?

[james robertson]

Hi,

Searched here some time, found lots of facinating threads, but can't find what I'm looking for so here goes...

I have been taken to court and had a liability order granted against me with out being aware of it, I was never summonsed and therefore never had the opportunity to challenge this application.

I was under the impression that i could on limited grounds appeal against this, however it seems that there is no appeal what-so-ever available in this matter.

Is this true or can I do something about it, I did write to the court 7 days after the alleged hearing complaining bitterly but nothing back!

any suggestions?


:cry:

[Amy]

Re: Council Tax Liability Order Appeal?

How far behind with your council tax are you or were you at the time or the order?

[james robertson]

Re: Council Tax Liability Order Appeal?

Hi,

at the end of the day of the 'secret hearing' I was 1 payment behind, I had though made a payment on that day! though at the time I didn't know anything of the hearing.

what difference does it make?

[Amy]

Re: Council Tax Liability Order Appeal?

It makes a huge difference because the council 'allows' one to pay monthly on the proviso that this arrangement is adhered to. Once the arrangement is broken, it is revoked and the whole amount becomes payable at once.

Have you written to your council and told them you were not aware of the Liability Order?

[james robertson]

Re: Council Tax Liability Order Appeal?

Yes, They and the court are well aware that I was not aware of the order until I received their letter a week later!

[james robertson]

Re: Council Tax Liability Order Appeal?

So what can I do, if anything, about this situation, it appears that the Councilcan without notice or scrutiny award themselves liability orders and huge profit on actual costs by adding £97.00, in my case, when they only get charged £3.00 by the court.

Can I appeal or not? or do i just have to take the complaint to the ombudsmen? and live with what i thought was an illegal liability order!

[Amy]

Re: Council Tax Liability Order Appeal?

This thread is quite interesting Council Tax Court Costs - Legal Beagles Consumer Forum

Have you sent the council a Subject Access Request asking them how their fee of £97 is broken down?

[james robertson]

Re: Council Tax Liability Order Appeal?

£62.00 for issuing the non existant summons, and a further £35 for the liability order which I had no chance to challenge or prevent!

[Amy]

Re: Council Tax Liability Order Appeal?

How did you find out there was a Liability Order against you?

[charitynjw]

Re: Council Tax Liability Order Appeal?

LO's are nothing but a statute-sanctioned method of allowing councils to gain extra revenue, often from the sectors of society who can least afford it.
Of course one should pay for services provided, but surely commonsense should prevail (Means-testing can be organised prior to an LO).
To utilise such draconian methods is, in this day and age, beyond belief!!
Tell you what, why not bring back the 'debtor's gaol'???
Sod the stigma!!
( http://www.legalbeagles.info/forums/showthread.php?t=20846 )

[charitynjw]

Re: Council Tax Liability Order Appeal?

But this I know, that every Law
That men have made for Man,
Since first Man took his brother's life,
And the sad world began,
But straws the wheat and saves the chaff
With a most evil fan.
Oscar Wilde (Ballad of Reading Gaol)(+ a bottle of Merlot lol)

[james robertson]

Re: Council Tax Liability Order Appeal?

I received a letter from he council aprox a week after the alleged hearing proudy boasting about their coup!

I wrote both to the court immediately, complaining asking the court to set the order aside and complaining bitterly to the council.

in return received nothing from the court, and a note of innocence from the council with a defence from their point of view.
------------------------------- merged -------------------------------
I can prove that the Court received my letter of complaint, but they did nothing, I was under the apparent mis-understanding that I could have of then appealled to the high court but now because of the time delay caused (deliberately?) I can not!

I am minded to apply anyway (at this moment in time both me and my wife are unemployed so should get legal aid), and also start a complaint against the council to the ombudsman.

This is not the first time the council have denied me my rights so they have a history of being at best, cavalier with law!

[james robertson]

Re: Council Tax Liability Order Appeal?

I received a letter from he council aprox a week after the alleged hearing proudy boasting about their coup!

I wrote both to the court immediately, complaining asking the court to set the order aside and complaining bitterly to the council.

in return received nothing from the court, and a note of innocence from the council with a defence from their point of view.
------------------------------- merged -------------------------------
I can prove that the Court received my letter of complaint, but they did nothing, I was under the apparent mis-understanding that I could have of then appealled to the high court but now because of the time delay caused (deliberately?) I can not!

I am minded to apply anyway (at this moment in time both me and my wife are unemployed so should get legal aid), and also start a complaint against the council to the ombudsman.

This is not the first time the council have denied me my rights so they have a history of being at best, cavalier with law!

??????

[charitynjw]

Re: Council Tax Liability Order Appeal?

Hi james,

"I am minded to apply anyway (at this moment in time both me and my wife are unemployed so should get legal aid)............"
Did you see this?:-
http://www.legalbeagles.info/forums/...169#post155169

[Amy]

Re: Council Tax Liability Order Appeal?

The parameters of a valid appeal against a liability order are very narrow and not receiving some or all of the paperwork relating to the liability order and or council tax debt is not a valid reason for having one overturned. The council will simply argue that you have clearly received all other paperwork relating to your council tax and so they have no reason to assume this is any different.

Further to the above, it is very difficult to have a liability order overturned because the magistrate has merely acted on the information provided by the council. He is provided with a list of debtors and this complaint list is rubber stamped by the magistrate and liability orders are issued.

For these reasons, I believe the best course of action here is to write (again) a very precise, concise and factual letter to your local council in another attempt to have these fees removed because the council is not beyond making errors and conversely to my point above in my first paragraph, if you have received all other paperwork relating to your council tax, what possible reason could there be for you not receiving notice of the liability order, other than for the council to inflate fees and create more revenue?

You should copy this letter to your local government ombudsman.