Now Say A Council Goes To Court And Gets A Liability Order.

If The Ammount Claimed Is Proved To Be Incorect Say Two Month Down The Line. Say No Single Persons Rebate Was Applied,

Does That Invalidate The Liability Order And Say An Attachment Of Earnings Etc.

Just Had An Email From A Pal,

The Council Are Quoting

Under The Council Addministration And Enforcement Regs 1992

The Liability Order Can Be Reduced

THEY ARE SAYING IF THE LIABILITY ORDER IS INCORRECT IT DOES NOT RENDER IT INVALID UNDER THE LEGISLATION QUOTED

Is This Correct

The Liability Order Was Granted On An Incorrect Ammount And The Council Are Saying Tough Luck, The Original Order Stands

Meny Thanks

The liability order is granted if you are liable for council tax. The judge cannot take into consideration any amounts, inability to pay or disputes with the council. It is a simple yes or no decision.

If you can show that the council obtained a LO when they really had no need to, then you will be able to get the court fees refunded.

A Liability Order is not a county court judgement and is not recorded with any credit reference agencies.

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thanks coniff

dont you ever sleep

Can a council apply for a liability order if the person named has brought the account up to date before the court date on the summons?

Feebee_71

If you have paid up all arrears before the court date, then the hearing will not go ahead, but the court fees will still be payable.

Liability orders or CT are just a money making [problem] by councils.

See 'bingowings' thread - http://www.consumeractiongroup.co.uk/forum/local-authority-council-tax/202216-council-taking-me-court.html

thanks coniff

 

dont you ever sleep

It's a bit warm tonight, woke for a pee and couldn't get back to sleep. Suppose I will waste half the day now nodding off on the settee.

Technically yes - once the reminder has been issued and not paid within 7 days the full balance for the year becomes due and this is what the Summons is issued for.

The council can still apply for the Liability Order on balance if the account has not been paid in full (i,e the whole years balance) by the hearing date.

Thanks both of you - I am still helping my friend and she has now brought her account back to what she should have paid before getting into difficulties with being in hospital.

Now she wants to know if she can carry on paying the same amount each month - and cover the court fees with the first payment or will she have to contact the council - she has said she is scared they will pressurise her into paying more than the monthly amount was and making her clear it sooner because she is struggling to keep her head above water and doesn't want to increase the payment to the council after clearing the court fees.

Feebee_71

When your friend receives the liability order, she should contact the council who will make an arrangement with her to complete the years payments including the arrears.

Only if she defaults again will they take recovery action.

The councils are hardest on those who will not pay as opposed to those that cannot, (so they say).