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Wife just recieved council tax liability order. She recieved the summons 22nd september with court date for 14th October. She had made a payment to the council on thier website using visa on the 18th of september but the council did not take the payment even though it went from her bank account. When she recieved the summons she phoned the bank and was given an authorisation code for the payment that the council did not take, she then phoned the council and expained that the funds had been made available for them and that it was thier mistake for not accessing them. Needless to say she did not attend court and the default lability order has been granted. She has no problem paying the bill off at the ammount that she would have done and has been to council today and paid an installment to the value of her normal monthly ammount. Couple of questions if anyone can help.

1: On the rear of the liability order there is an Information Request, that request says that she is obliged by law (any ideas on the law that they are using as a threat) to answer questions, surely a request is a request and not an order and the law surely cannot make you answer a request.

2: On the front of the order it states

On Wednesday ********* 2009 BEFORE THE ****************************************** Magistrates court a liability order was made against you for non payment of council tax.

 

Obviously this letter is from the council and not the court, any ideas whether its worth contacting the court and asking them for exact details of the order with respect to did they authorise the information request?

 

In my opinion the councils are just trying to rake in money faster than they usually do to balance the books (and make the courts a quick few quid in the process).

Edited by bradz1711
forgot to type a question :)
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The request for information is made under regulation 36 of the council tax(administration and enforcement) regulations 1992 and as such you are legally obliged to provide the information requested. A fine can be issued if the information is not provided.

 

The regulation 36 notice is not issued by the court but its a document which the council are authorised to issue once the liability order is issued. The council dont have to issue the notice unless they wish to issue the account to a bailiff.

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  • 4 weeks later...
Wife just recieved council tax liability order. She recieved the summons 22nd september with court date for 14th October. She had made a payment to the council on thier website using visa on the 18th of september but the council did not take the payment even though it went from her bank account. When she recieved the summons she phoned the bank and was given an authorisation code for the payment that the council did not take, she then phoned the council and expained that the funds had been made available for them and that it was thier mistake for not accessing them. Needless to say she did not attend court and the default lability order has been granted. She has no problem paying the bill off at the ammount that she would have done and has been to council today and paid an installment to the value of her normal monthly ammount. Couple of questions if anyone can help.

1: On the rear of the liability order there is an Information Request, that request says that she is obliged by law (any ideas on the law that they are using as a threat) to answer questions, surely a request is a request and not an order and the law surely cannot make you answer a request.

2: On the front of the order it states

On Wednesday ********* 2009 BEFORE THE ****************************************** Magistrates court a liability order was made against you for non payment of council tax.

 

Obviously this letter is from the council and not the court, any ideas whether its worth contacting the court and asking them for exact details of the order with respect to did they authorise the information request?

 

In my opinion the councils are just trying to rake in money faster than they usually do to balance the books (and make the courts a quick few quid in the process).

I agree with you, similar happened to me, council did not process the payment even though it was sent via their phone system, they set a payment schedule in writing and still went ahead with the liability order to 'secure' the debt, I was livid as costs of £100 was added to the amount to be paid to them!

 

I am going to write to the Local Govt Ombudsman as I feel too many councils abuse process, and made liability orders that do not cost them £100, it is a rubber stamping exercise! they had all the funds due at the dates required as soon as it was notified. the council appears to be relying on an argument that the the technicality of 'missing' the payment means they can apply for the liability order, but IMHO this should only be done where there is evidence of persistent non-payment.:mad: you can find your LGO by google.http://www.lgo.org.uk/about-us/

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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