Jump to content


  • Tweets

  • Posts

    • If you're set on pursuing the receiver then a complaint to his governing body (if any) might be a sensible low risk first step. You need to confirm what qualifications he actually has. I don't believe an LPA Receiver necessarily needs to be a licensed insolvency practioner, although he may be. Or he may a chartered surveyor. I note you say "LPA" and "fixed charge" receiver, but aren't those two different appointments with different remits? What relevant powers are given in the mortgage terms and security? Or if that's unclear then how was the appointment described to you? Ducking back to the comment I made earlier, you consulted a solicitor who advised a claim against the receiver. How did he advise that you do so?   Some background reading (accepting it's from 2013 and you may be working off more recent preceded overturning this) .. LPA receivers owe very limited duty to borrowers; a reminder WWW.WRIGHTHASSALL.CO.UK As lenders rely more and more on their powers to appoint an LPA Receiver, a recent case has clarified the Receiver’s obligations, both to the lender and its borrower.  
    • Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Re: How to defend against a liability order for council tax?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3255 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have a similar problem. In my case, the property is a self contained flat which I rented out to the same person for 3+ years. The tenancy agreement definitely stated that it is the tenant's responsibility to pay the council tax. Anyway, out of the blue a while ago, I received a bailiff letter claiming that I owed 3 years worth of council tax at the property and that they would be seeking a liability order against me. The arrears amount to around 5K. I rushed home and emailed the bailiff (Rundles) the 3x signed and witnessed tenancy agreements and informed them that the same tenant was still resident at the property. A week or so later, Rundles emailed me back stating that they would be taking their enquiries elsewhere and that I would receive no further letters or demands from them.

 

 

Another 2 months passed and I received a letter from the Council stating that they had got a liability order against me for the arrears. Thinking that this was all a terrible misunderstanding, I copy the Council my correspondence with Rundles and also provide them with emails I sent to all the utility companies when the tenant first moved in; a confirmation email from the Deposit Protection Service confirming receipt of the tenant's deposit; a copy of 2x third party credit reference reports that I performed on the tenant during his tenancy and a number of other documents to prove that the tenant was resident at the property and indeed still there. Imagine my horror when the Council wrote back to me stating that Rundles had no business telling me that I was not liable. As far as the Council were concerned (and despite all the evidence I'd sent them) they still deemed me as liable for the arrears.

 

 

Anyway a few months later I went to Valuation Tribunal to appeal the liability order. The Valuation Tribunal judged against me. The reason for this is that the Council lied through their teeth - claiming that I had never informed them of the start of the tenancy 3.5 years prior; that when I did inform them of the tenancy, I told them 'retrospectively' - another lie because the tenant was still there; that they could not find any trace of such a person existing - even though they had referred to the electoral register, Google and Facebook - more lies as the tenant has a prolific internet footprint and can be found with just a few clicks.

 

 

Roll forward to last week. I received a notification from the Council that unless I pay the full arrears and costs within the next 14 days, they will apply for an arrest warrant against me. I have taken legal advice throughout this whole nightmare and the consensus seems to be that my only recourse is to go to High Court to get the liability decision reviewed. The costs I have been quoted for doing this range from 10-12K. What is worse, I am told that even if I win, the High Court is unlikely to order the council to pay my costs. Is this true? If it is true, it seems that there is no justice in the world ....

 

 

You might be wondering how 3 years of arrears mounted up without me knowing? Well, that's because the Council 'forgot' that I had informed them about the tenant moving in so they did a land registry search to find the registered owner (ME) and then started billing me BUT at the wrong address. At the Valuation Tribunal hearing, the Council confessed to having billed me at the wrong address for 3 years and then when they were fed up of not getting any response they started (for the first time) to bill the tenanted property. I found the bill in the course of a routine inspection of the tenanted property...

Link to post
Share on other sites

MP involvement for sure and independent legal advice.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Yes. M P involved and a complaint to the Local Government Ombudsman as a matter of urgency. You don't have to go the court route, given the cost issues. If you can get the LGO involved they may be able to get the council to put on hold any actions, until they have reviewed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • dx100uk changed the title to Re: How to defend against a liability order for council tax?
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...