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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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Attachment of Earnings Order imposed- but court case was a screw up! - help please


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this is a long story on behalf of my fella, but try to bear with it!! :-)

He was resident in Bolton until 2007,when he moved in with me,45 miles away. He applied upon his divorce for the discount for single person rate, this was applied, then he applied for the house empty rate, this has been contended for the whole time because an inspector went to the property and because we left a settee and a chair in the lounge ( to prevent burglars ) he deemed it as being lived in!! They contacted the Estate Agents as he was selling it from Nov 2007 and asked them what it was being sold as i.e furnished , unfurnished etc, the agents said part furnished!! yet we had the details and it said unfurnished and no chain!!! We went to the agent and asked who had given the council mis information and the agent called the council liars!!!so they would only go back as far as May 2008, when we removed the settee and they deemed it empty then!! We provided telephone records, bank statements, drivers lisence changed address etc but they wouldn't budge. The house was subject to a repossession order 10th Sept last year and they obviously began wanting the CT as well. So a court letter was delivered, he still had a set of keys to pick the mail up,luckily, even though they were informed of his new abode! 8) so he immediately contacted the council and said that the figure was incorrect and he disputed the amount1

Sfter searchuing on the internet for advice he was told to ask for certain bits of legal info from the council prior to the court case, when we turned up the info wasn't given! they denied ever having been asked even though we had a copy of the letter and the PO docket! :eek:

Anyways cutting a long story short, LO was granted, evidence he asked for was given AFTER the court case, he has been disputing this ever since, he has a DEO on his wage for £600 per month from the CSA so the council will have to wait in line, they want just over £500 for that ( incl costs) and he's fed up.They won't re negotiate they won't revise the fiures and we know they are incorrect, what does he do now? any ideas? please?:confused:

I read on another thread thatyou can SAR them but what for and how?

any help would be appreciated :D many thanks

Tigs x

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Under Council Tax Law, a settee and chair can count as furnished so the council have charged you correcty for that period however once you removed the remaining furniture you were entitled to a Class C exemption for 6 months followed by the Councils empty property rate.

 

Once the property was re-possessed a Class L exemption (mortgagee in possession) should have been awarded until the property was disposed of.

 

They are under no-obligation to issue the details requested before the L/O could be granted however they do have times in which the details should be provided from the date of request

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Many thanks for the response ss00, we have got a bit more info on this ,my next queestion is, how do you write out a Statutory Declaration for the above issue to be taken to the court? I understand that you have to have legal phrases on it and we are at a loss as to what to put, we have been told that this is normally done up to 21 days after the original court case but as he has been asking for various points to be investigated , one being the legal advisor lied,he may be allowed this out of time? Any help would be appreciated, many thanks

Tigs x

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