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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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