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Taking Council to Court


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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

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If this service is still deemed to be the responsibility of the council then the claim should be fairly straightforward, although the courts may have like it better if you had gotten three quotes for the work and taken the best one. Unless you're charging less than this would have been for your work in which case no worries there.

 

Refusing to pay council won't get you anywhere except a bit of publicity maybe. It's like not paying bank charges before you start your claim - you still have to pay until you've proved you don't have to.

 

I'm not sure which law(s) would cover this but I do know local authorities legally have to perform any duties that are deemed their responsibility and can be taken to court in the same way businesses and individuals can.

 

Good luck and keep us posted.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 10 months later...

Good luck! Any news?

Edited by legalpickle
old post no longer relevant

-------------------------------------------------------------------------------------

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.

Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.

Pi***d off last year I sent them a bill for my labour £1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.

Despite publicity, and support from the magistrates, I was fined and forced to pay.

I am now therefore going to issue a claim against them in Small Claims, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.

I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.

My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.

Oh I just sent my letter to HSBC for my charges. War on 2 fronts - bring it on.

 

have you issued the claim yet? v interesting thread

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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