Help - Comittal Proceedings For Culpable Neglect!

[jqinfo]

Today I was found guilty of culpable neglect by the magistrates. They looked at my bank statements and said in 2006 I had money in the bank and therefore should have paid the council tax debt. I explained that was money in my business account, not my personal account and that it would be wiped out by the outgoings of the business. The business was not making a profit and I had no income from it. They reiterated the finding stating I had money in the bank. I asked specifically what money in which account. They said "I do not have to explain it, it is in the paperwork and that's that!" I said I need to know so that I can explain it and they refused to say any more. I have a month's adjournment to furnish them with all my present financial info so they can assess my means.

 

To be guilty of culpable neglect, I thought you had to have the means and had not paid because it was not important! I did not have the personal means, I was appealing against the council tax benefit decision and I was told it would be put on hold so I didn't have to pay it immediately, pending the outcome of the appeal. How can that be culpable neglect? Also, how can they say that without a full investigation of my finances from that time? Surely they have to do a proper means enquiry?

 

It is bad enough that they made an error in law at my Tribunal, (which I am now looking for info on an "anytime revision" to see if it can be done without a time limit for the error in law), but to make a finding of culpable neglect without checking my finances fully, is astounding. I left the Court stunned!

 

Any ideas?

 

JQ

Edited January 23, 2010 by jqinfo

[RaeUK]

Hey hunni, sorry I have no real advice for you. This may not be the best forum to post this in. Try reposting in the bailiff forum - I notice you made mention of this thread in a sticky there. Or perhaps there is another legal forum?

If you are unsure, ask the Site Team for help.

Good luck and best wishes.

Rae.

Edited January 23, 2010 by RaeUK
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[jqinfo]

Thank you Rae. I will do so.JQ

[JonCris]

Today I was found guilty of culpable neglect by the magistrates. They looked at my bank statements and said in 2006 I had money in the bank and therefore should have paid the council tax debt. I explained that was money in my business account, not my personal account and that it would be wiped out by the outgoings of the business. The business was not making a profit and I had no income from it. They reiterated the finding stating I had money in the bank. I asked specifically what money in which account. They said "I do not have to explain it, it is in the paperwork and that's that!" I said I need to know so that I can explain it and they refused to say any more. I have a month's adjournment to furnish them with all my present financial info so they can assess my means.

 

To be guilty of culpable neglect, I thought you had to have the means and had not paid because it was not important! I did not have the personal means, I was appealing against the council tax benefit decision and I was told it would be put on hold so I didn't have to pay it immediately, pending the outcome of the appeal. How can that be culpable neglect? Also, how can they say that without a full investigation of my finances from that time? Surely they have to do a proper means enquiry?

 

It is bad enough that they made an error in law at my Tribunal, (which I am now looking for info on an "anytime revision" to see if it can be done without a time limit for the error in law), but to make a finding of culpable neglect without checking my finances fully, is astounding. I left the Court stunned!

 

Any ideas?

 

JQ

 

Having been found guilty in a magistrates court you will now be entitled to appeal & to have your appeal costs met by legal aid to your financial situation. Therefore as they appear to have erred in law I suggest you speak to a suitably qualified solicitor asap

 

The site does not promote such firms but as your need is pressing I can put you in touch with one who specializes in such cases & is Legal Aid franchised therefore advice will be free

 

Please PM me

[JonCris]

PS is or was your business a limited company?

[jqinfo]

Hi JonChris, I know this sounds stupid, but did I PM you? I cannot find in my sent box or a reply I have lost everything and it was a year ago!! It has been a traumatic year and I am not further forward, I have had a Valuation Tribunal and loss and the court case hinged on this. Do you have any information on sole or main residence, or example cases? They are saying the appeal property was my saole/main residence even though I have not spent one night there since March 06 and I have a sole/main residence! I was not at all able to concentrate on the day, it followed a night with ambulance and hospital following a failed suicide attempt by my daughter. Not only was I distraught, but she was my main witness as the resident occupier of the property and a student!

 

I tried to PM you today, but couldn't work out how. Apologies my brain does not function properly at all, too stressed.

 

JQ