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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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council tax - who is liable


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I own a property jointly with my parents which we all live in together.

My name does not show on the council tax bill (but is registered on the deeds) and despite two calls to the council they still are not clear what to do.

 

I work, and up until now we have been paying the council tax in full.

Recently my parents have been awarded guaranteed pension credit and subsequently do not have to pay any council tax.

 

I spoke to the council to explain the situation who told me that I would now be liable for half the council tax which seemed feasible.

The bill has just arrived and it says we don’t have to pay anything which does not seem right.

I made a second to the call the council and they are completely flummoxed as what to advise me.

Any ideas please?

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I own a property jointly with my parents which we all live in together. My name does not show on the council tax bill (but is registered on the deeds) and despite two calls to the council they still are not clear what to do. I work, and up until now we have been paying the council tax in full. Recently my parents have been awarded guaranteed pension credit and subsequently do not have to pay any council tax. I spoke to the council to explain the situation who told me that I would now be liable for half the council tax which seemed feasible. The bill has just arrived and it says we don’t have to pay anything which does not seem right. I made a second to the call the council and they are completely flummoxed as what to advise me. Any ideas please?

Assuming England/Wales,

 

If it's what I suspect it is then it's a straightforward issue, not sure why they've made it complicated.

 

As you are resident and an owner you are jointly liable for the council tax charge. Where there are multiple liable parties who are resident then the council tax charge is apportioned only for the basis of assigning an amount for which a party can claim council tax reduction towards (this does not affect the overall joint liability under s6 of the LGFA1992 and the council tax (administration & enforcement) regs 1992 for ensuring the council tax is paid.)

 

Recently my parents have been awarded guaranteed pension credit and subsequently do not have to pay any council tax

They can claim council tax reduction towards a share of the overall council tax charge (see above) but they still remain jointly liable for the whole outstanding balance. This is where it seems to have gone wrong and lead to the incorrect demand notice. What needs to be done is for your name to be added to the council tax liability as joint party (so that there are 3 liable parties). The council tax reduction claim for your parents will then be corrected to only take in to account the proportion they are eligible to claim against.

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Thank you for the info, which makes perfect sense. I will try again with the local council - and tell them what should happen!

 

If it's what I suspect then they should be able to sort it - I used to see similar issues regularly where our benefit team had not correctly recorded who was liable and so the claim was wrongly paid and had to be adjusted. Sometimes the problem is that a councils keep a separation between the council tax side and the council tax reduction side to the point where staff on either side of the divide can be unsure as to how it works.

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  • 3 weeks later...

Hi there. I contacted the council as advised and had my name added to the council tax bill. Today I received an amended bill informing me that I now have to pay the full amount for the year plus pay back the refund issued at year end, (luckily I put this money aside just in case). There was no explanation and now my parents seem to have lost their right to a reduction.

 

What seems rather ridiculous is that if I were to remove my name from the deeds and just live here we would pay no council tax at all as my parents are eligible for an exemption.

 

I am quite happy to pay, but do not want to pay more to the council which they may not have a right to.

 

Any suggestions please?

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Hi there. I contacted the council as advised and had my name added to the council tax bill. Today I received an amended bill informing me that I now have to pay the full amount for the year plus pay back the refund issued at year end, (luckily I put this money aside just in case). There was no explanation and now my parents seem to have lost their right to a reduction.

 

What seems rather ridiculous is that if I were to remove my name from the deeds and just live here we would pay no council tax at all as my parents are eligible for an exemption.

 

I am quite happy to pay, but do not want to pay more to the council which they may not have a right to.

 

Any suggestions please?

 

They need to contact the council and ask for their CTR claim to be applied to the new account - the account should show all three names. In the most common software used by councils it's an easy task to re-link the claim to the new account.

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