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Council tax liability orders - are they civil court action ?


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Hi Everyone, thanks in advance for your help.

 

Having a row with local council tax, usual story - I write to complain about bill being wrong, they ignore my letter and summons me.

Gone to court and case been ajourned. (I think the magistrates were unhappy that the council had not replied to letters but could not bring themselves to throw the liability order application out on the spot)

 

The council are saying that CT action is neither a civil court action nor a criminal court action, hence they don't need to be bound by the usual civil procedure rules (which they have violated by ignoring my letters) - I smell bull from the council's counsel. Could anyone point me to the statutes that would either prove or disprove this ??

 

cheers.

O.

Edited by o_o
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  • 2 weeks later...

Hi - you have done well so far.

 

I tend to agree with you and if you can try + put pressure on them by asking to point out precisly which guideline or rule they were following when they told you re the Civil Procedure. It may well be that the answer is in in fact in the links posted by Conniff - I will read them myself because I have been caught with mail being sent, allegedly not received and so forth. Another contentious point is the usual P.R. blurb on the Council website that presents a (invariably 'new') charter of conduct etc etc (on mine they have 'we treat you as we would like to be treated'...). I always feel they should be held accountable for what they tell us.

 

One course of action/complaint is the local councillor but I dont have much faith in them.

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The Council only need to prove whether the CT is due, it is only a yes or no answer. The arguments as to whether you are due to pay are very narrow and you cannot use the usual excuse of "can't afford it" or "it's too high". If they can prove you are liable to pay it then the Magistrates have to approve the Liabilty Order.

 

PT

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