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liability order question


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helping out my brother on a few things , after his divorce from his first wife, things need sorting.

 

brother had bristow and sutor after him ref council tax, he disputed the ammount as he should have had a single persons discount after she moved out. council just set there dogs on to him. the liability order in question is from 2003.

 

council got a shock after they had an sar served on them in september 2008.

after many correspondents for no compliance, it has finally arrived. he asked for a copy of the liability order to proove they had the right to send in the baliffs.

a copy of correspondents the council sent saying they will be going to court on xyz date to get the liability order, giving him the chance to defend himself.

i believe that comes under pre action protocol.

 

all he got back were statements, no correspondents.

 

i know the courts in the past were swamped with these applications, so has the law changed in this regards.

 

the magistrates dont keep copies

 

my questions are

 

1/ does the council keep copies of any liability order or are mass applications just rubber stamped

 

 

2/ does the council have to notify you the date they will be applying for the order so you can turn up and defend if needed

 

 

the council have called off there dogs and in my opinion are worried over some thing, just need to find it

 

many thanks

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1)

The council will have access to a copy . When it goes to the court we get a box back with a copy of every liability order stamped by the court.

 

2)

The Court Summons would have notified him of the court date - the court date is the date the liability orders are officially granted.

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