Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi, i had a terrible year last year, was late paying c/t & had 2 lots of baillifs chasing same debt. This yr decided however hard, i would try to pay on time. Have paid aprils payment ( little late) but have now received court summons to appear 19th june at my local court. It seems that because of last yrs problems, the council don't hesitate to send it to court. I feel this is very unfair considering the credit crunch etc. Does anyone have any advice? should i go to the hearing on the 19th? my account will be up to date by then. They've even charged me £94 costs for taking it to court.
No, don't bother going to the court. The hearing is only to get authority that you are liable to council tax.
The judge cannot take into consideration your ability to pay and hard times etc; so unless you are 'not' liable to pay tax -student etc;- then there is no point at all in attending.
The liability order is not a county court judgement and is not recorded with any credit reference agencies.
If you have paid up before the hearing, then it will not go ahead, but the fees will still be payable and these fees are added (rightly or wrongly) to your CT bill and are taken off before any tax is reduced, so be aware of that.
The liability order '[problem]' is a really good earner for councils which is why they pray that people will be late with payments and then jump instantly to get the summons issued.
The cost of a liablity order is £3 but you will have been charged anywhere up to £150 (depending where you live). In 2007, councils in England made in excess of £200million in liability orders so you can see why they are so keen to issue them.
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I am in the same situation, however my CT is always paid off by the end of June as i pay in 1 lump sum, they sent a letter (as the past 5 years) taking me to court and charging me £60+ every time. I am absolutely sick and tired of them charging me for every year when i don't owe them money. And whats worse you try to argue your point and they don't care, i take 90% of my own rubbish to the dump as i don't have enough collections, i have never used the police as we pay for neighborhood watch, the streetlighting is non existant on the street as my house backs onto a green, but yet i never get a reply from the coucil over any of these matters.
In fact my 15 year son around 2 years ago broke his arm whilst walking through the local shopping precinct, the paving slab was damaged and raised when stood on so was obviously a danger!! they rejected the claim stating the slab had to be raised by 2" or something!!
Anyway i think we as consumers are not getting our monies worth and then they place these stupid charges on people who pay every year. Is there anything we can do?
i know i keep on this question about the magistrates court just rubber stamping these liability orders.
the point i am trying to make is that anybody brought up in front of a judge by way of a summons has the right to have there case heard by there peers, ie, a judge
its british constitution and its mentioned in magna carter
how can a council not inform you that they are going to apply for a liability order on xyz date and give you a chance to defend your self
what about pre-action-protocol
ive checked the 1992 council tax enforcement act and noware can i see its listed that they can do this
if i get an answer to this i will shut up and move on.
its just i hate civil liberties being eroded covertly
I see what you're saying and you do have a chance to defend yourself. It is a very clear cut defence - you are not liable for paying council tax, and you can show that, in which case you would have shown the council and they wouldn't be asking a judge.
Unless you are one of the exempt classes, then you are liable to pay it, so you have no defence.
The judge is only there to say yes or no about your liability, and nothing to do with the amount you're being charged or if you can or can't afford it.
None of your rights have been taken away, and you do have a chance to defend. If you have shown the council you are not liable, and they disagree, or the council have shown that you are liable and you disagree, then you can have your day in court and all the protocol that proceeds it like in any other case.
The liability order is just to give the council the power to 'forcibly' collect.
The real reason for the council sticking to the (so called) rules, and jumping right in after they have issued either two reminders or a final reminder, is the money they make from it as I said in an earlier post.
You might have been paying for the last 300 years and never ever been late or missed a payment which would indicate an error to a normal person, the council will issue as soon as they are permitted, by law, as it makes them money.
Like they banks, they will not show you how they come to the amount of fee they charge.
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I don't see where you're going now.
This is no different to (lets say) a speeding ticket. If you know you were speeding and the police can show you were speeding, then you pay the fine. If you don't agree with it then you go to court and argue your case and end up paying more.
This is the same thing. If an amount owing (you have the right to pay in installments) is still outstanding 7 days after you have had notice that it is outstanding, then the council has the right to apply to a magistrate for an order against you.
That order gives the council the legal power to send in a bailiff or take it directly from your wages if you still do not pay it. If you are unemployed or the bailiff can't get the money, then the council can ask the court to impose a prison sentence on you.
It has nothing to do with 'this is how it has been done', and none of your legal rights have been taken away or reduced.
I can't see why anyone who knows they are liable to pay council tax would want to go to court and waste time.
It wouldn't take very long - Mr xxx is behind with his council tax - Do you agree you are liable to pay this tax - Yes - Order granted.
In that case, you ask the council to refund the court fee and if they say no - and you can show that it was their error - then you take them to court for it's return.
You can, of course, get the liability order, (which only last for that tax year), removed, but seeing as it goes nowhere, is not recorded or published anywhere and has no effect on your credit score, there is no point, but you do have the right still.
What you mustn't do is to stop paying even the wrong amount until an agreement has been reached, they will pay it back to you.
Council taking me to court for this yrs c/t
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. And whats worse you try to argue your point and they don't care, i take 90% of my own rubbish to the dump as i don't have enough collections, i have never used the police as we pay for neighborhood watch, the streetlighting is non existant on the street as my house backs onto a green, but yet i never get a reply from the coucil over any of these matters.
