Hello,

I have received a enforcement notice - re Council tax liability order and need to appeal

The reason for appeal is

- I have not received the council tax bill despite telling the council to send me - 3 times

- I was not sent a letter for intent of court proceedings

- I was not sent a summons letter

- not being sent a summons, hence not able to defend.

The property was rented to a tenant who left and informed the council a wrong moving date. I told the council that the tenant was lying and sent me an email with a different moving date and then they did not move out on the agreed date but overstayed. After leaving they did not close the utility bills and I finally got a utulity bill - a different date again - nearly 1 month after they left the property, still no keys returned.

The council found my number somehow and told me to pay the money from when the tenant has told them they had moved out. I informed that I will not be paying someone's bill but I am willing to pay from when I had infomed them that the tenant had left. I will pay my liability from that date but he said that he cannot change the system and I have to pay from when the year starts being 1st Apr, even though I was paying extra 26days. I also told them to send the bill and the receipt by post or email but have not received anything.

Having looked at form N244, and reading the posts, the enforcement notice does not have a claim number and I do not a clue what the number is, so what can I do, where can I get it from or can I leave it out?

there are two enforcement notices with two different account numbers, - do I need to fill out two N244's or can it be done with one?

How do I go about appealing and possible set aside the judgement?

Any help appreaciated.

Thanks

A council tax liability order is nothing more than a rubber stamping exercise

There is no set aside as such as it is not a judgment as such

You either owe the money or you don't if you owe it they will get a liability order

You need to write to the council marking it formall complaint

denniss

a liability order is at the magistrates court.

technically, a LO can be set aside, either by the council or the recipient. but, it wld ordinarily require a procedural error etc, error of law, mistaken id, etc. that sort of thing.

further to #3

for reference:

s82 local govt act 03 which gives councils power to apply to mags to quash an LO. mags can then quash if 'satisfied that a liability order should not have been made'.

and re recipient, http://www.greenhalghkerr.com/articles-news-views/qa-setting-aside-liability-orders/ (but, double check this case law is still up to date)