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Keep Smiling

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  1. Apologies for the duplicate post, as suggested I move this over to the Bailiff section and things prgressed, slightly. However after a discovery this week I thought I would post my latest find here as this throws every Bankruptcy, Liability Order and Sworn Statement ever made by Wirral Borough Council into question (an exaggeration, you decide). Once again, thank you for all the help and suggestions, sorry it's taken so long to reply on this but I've been very ill. Still waiting on the SAR request, well it's only been a year, and I've only reminded them about half a dozen times. I've come back though because of a (I think) HUGE find this week, but I'll come to that later. The bankruptcy (the 2nd one) was refused by the judge as all the outstanding amounts had been paid, I was ordered to pay WBC's costs (not all as I argued the short service defence and he agreed) but still an extra £800 on top of the 4k already paid. They "still" won't put the Council Tax in my tenants name, and won't give the 25% discount on it, same excuses as always, so for now just living with it. As you may have read in the news a large number of senior WBC staff (most of the people I've mentioned before) have "left" due to various allegations and payments they may have received involving contracts, I believe this is why the local paper didn't run this story when I contacted them as they may have known something was already in the pipeline. This week I received an interesting email from the tenant of the property I was actually made bankrupt for, the first property, the one I don't own or live at but the Council swore I was responsible for, that they had liability orders, in my name for and that they'd never heard of the person who lived there (despite him supplying an affidavit that they did and that they'd visited the property when he was there). Well (you're going to like this), this week the property was having some work done (new kitchen before Christmas) and when one of the cupboards were pulled out they found some letters that had fell down the back. Some of these letters are from Wirral Borough Council, and they include the bill for Council Tax (for the period they say I was responsible for it) and the Summons to attend Court as they are applying for a liability order (the one they told the Judge they had in my name and the basis on which the bankruptcy was made which cost me almost £40k in their fees alone). Two things: 1. THEY ARE NOT ADDRESSED TO ME, THEY'RE NOT IN MY NAME 2. They ARE in the name of the person they claimed/swore on oath, never to have heard of. Yes, it would appear that WBC has REALLY shot themselves in the foot. This means that not only did they know that person, they knew he was there, it was HIM they made the application for in Court and then they just fiddled the paperwork when they found someone else they wanted to pay it and lied to the county court over and over again. I'm not sure if I should march in with this, phone the new CEO and explain politely that I want my money back, or go to the Police with the letters from K. Chan saying that such person does not exist and they have no records about him and bring criminal charges, right now I can't get the smile off my face, because this then calls into question the second bankruptcy application and all of it's costs as well. I need to calm down and decide what to do next, this has been the last six years of my life they have messed about with, a little while longer won't hurt a bit. Be nice if they read this though and it gave them a few night sweats. Suggestion appreciated.
  2. Once again, thank you for all the help and suggestions, sorry it's taken so long to reply on this but I've been very ill. Still waiting on the SAR request, well it's only been a year, and I've only reminded them about half a dozen times. I've come back though because of a (I think) HUGE find this week, but I'll come to that later. The bankruptcy (the 2nd one) was refused by the judge as all the outstanding amounts had been paid, I was ordered to pay WBC's costs (not all as I argued the short service defence and he agreed) but still an extra £800 on top of the 4k already paid. They "still" won't put the Council Tax in my tenants name, and won't give the 25% discount on it, same excuses as always, so for now just living with it. As you may have read in the news a large number of senior WBC staff (most of the people I've mentioned before) have "left" due to various allegations and payments they may have received involving contracts, I believe this is why the local paper didn't run this story when I contacted them as they may have known something was already in the pipeline. This week I received an interesting email from the tenant of the property I was actually made bankrupt for, the first property, the one I don't own or live at but the Council swore I was responsible for, that they had liability orders, in my name for and that they'd never heard of the person who lived there (despite him supplying an affidavit that they did and that they'd visited the property when he was there). Well (you're going to like this), this week the property was having some work done (new kitchen before Christmas) and when one of the cupboards were pulled out they found some letters that had fell down the back. Some of these letters are from Wirral Borough Council, and they include the bill for Council Tax (for the period they say I was responsible for it) and the Summons to attend Court as they are applying for a liability order (the one they told the Judge they had in my name and the basis on which the bankruptcy was made which cost me almost £40k in their fees alone). Two things: 1. THEY ARE NOT ADDRESSED TO ME, THEY'RE NOT IN MY NAME 2. They ARE in the name of the person they claimed/swore on oath, never to have heard of. Yes, it would appear that WBC has REALLY shot themselves in the foot. This means that not only did they know that person, they knew he was there, it was HIM they made the application for in Court and then they just fiddled the paperwork when they found someone else they wanted to pay it and lied to the County Court over and over again. I'm not sure if I should march in with this, phone the new CEO and explain politely that I want my money back, or go to the Police with the letters from K. Chan saying that such person does not exist and they have no records about him and bring criminal charges, right now I can't get the smile off my face, because this then calls into question the second bankruptcy application and all of it's costs as well. I need to calm down and decide what to do next, this has been the last six years of my life they have messed about with, a little while longer won't hurt a bit. Be nice if they read this though and it gave them a few night sweats. Suggestion appreciated.
  3. The story continues: Thank you for the link to WBC's FOI site, I've made a couple of requests to them and we'll see if they reply. On Monday I went over the Administrative Court in Manchester to file for a Judicial Review on the original liability orders. I explained that I realised that I was out of time but used section 7 to show that I didn't know they existed until several weeks ago. I additionally asked for a review under the Human Rights act in that I am entitled to a fair trial, and as I didn't know about these proceedings i couldn't attend and therefore didn't get one and also that I considered this to be a vexatious case as the council already had someone who told them that they were responsible, had proved it beyond all reasonable doubt and still they were persecuting me. "Unfortunately" the rules are slightly different than I remember, they needed FIVE copies of all the paperwork which must be tabulated with each in a ring-binder folder.... and to get the case adjourned I would need to file an application. Not enough time on Monday so got it all done Tuesday (application to adjourn denied as Manchester Court said it was up to Birkenhead to do that pending the Judicial review). Served the paperwork on Wallasey Town Hall (they have there own legal department there full time, but use other solicitors to handle cases, staggering). I attended Birkenhead County Court this morning where I met with their "representative" (a self-employed para-legal type), he said that WBC had forwarded to them a copy of my application for JR, which included bills from my tenant dating back to 2002 (up to present day), a copy of his polling card, at that address, a receipt from WBC showing that they already had copies of all this back in 2009 (BEFORE they swore in court that I was responsible and had the liability orders granted), and a affidavit from my tenant saying that he accepted responsibility he wanted to pay but WBC wouldn't let him and wouldn't give him the 25% single person discount. Their reply: Well this doesn't prove anything (oh really) and we're going to oppose any adjournment today as your JR will fail (I though that was up to the Judge to decide, I sense a God complex) as you're out of time (I'd explained that and it had been allowed) and you've not followed correct procedure. So let me get this right, you're taking me to court for money I don't owe, you know who does and you wont let him pay it but as you got the paperwork right that's okay. I had a feeling that this was going to happen, having dealt with WBC before. I'd tried to pay WBC the money during this adjournment, but no one would accept it, luckily my tenant had an old bill addressed to me and a PayPoint nearby, so I sent him the money yesterday and he paid it this morning (must have give the poor newsagent heart attack handing £4k over) and emailed the receipt to me. I handed it to their representative just as we entered the court (they've done it to me with files before, the process server has filed an additional statement, I've only got it because I found out about it) and it was "interesting" to see a face change colour like that, cue some VERY hurried footsteps and flurry of phonecalls. They then asked for a seven day adjournment as the funds wouldn't be with them yet, I said that I wouldn't be here in seven days and wanted 28 to allow time for the JR to be heard, strangely they didn't want that they wanted it in seven so they could get their costs, the Judge was having none of it and said that as the debt was paid there weren't really any time constraints so 28days was fine (he seemed okay, I wonder if I would have got that adjournment).
  4. Well I gave the Administrative Court in Manchester a call yesterday to ask about getting the Liability Orders overturned. I wont go into full details here (yet) but the information they gave me was "informative", and I think that the next week or two might make WBC want to take a fresh look at these matters.
  5. Latest "News" as Wirral Borough Council Continue to Evade Responsibility. The case has been adjourned until 27th July. I have tried three times to make a SAR, but no one will accept it, the One Stop Shops insist that it should be an FOI request, the main office doesn't know what it is and the SEO's secretary has never heard of it. I have tried to arrange an appointment with the SEO (Mr Wilkie), I was told that someone would call me back to arrange it (they didn't), after much persistence I have now been told that he will not be seeing me as he has been advised by their solicitors not to. My tenant has been to see a solicitor and he has also been in touch with the council, they have claimed never to have heard of him before and that they have had no information from him, when receipts were produced (stamped and dated from WBC) showing that this is completely false and that they have had tenancy agreements from him for years before they said that they would need them again. I'm interested as to how they could make a sworn statement in court to obtain the liability order when they have on file information that there someone else is responsible for it. He has applied for his 25% sole occupier discount, Mrs Chan says he can't have it as he can't prove he lives there. I have asked if I can have the 25% sole occupier discount, Mrs Chan says I can't as I have told them I don't live there (despite this they have made a statement to the court saying that I do) I have asked if no-one is there can I therefore have the 25% empty property discount, Mrs Chan says I can't as I have told them i have a tenant there. The solicitors have still failed to provide me with the affidavit from the process server, although I have managed to get CCTV for the days he claimed to have been there, he wasn't, and it's police monitored CCTV so is sufficient to be used as evidence in court. With regard to the other person who joined this forum with an almost identical problem, when I (almost managed to) make a complaint against Mrs Chan i was told that she was a "well respected.." and "highly regarded.." member of staff and that no one had ever made a complaint against her before, well this person did, and for the same thing, so it appears that lying to the public is endemic within WBC hierarchy.
  6. Further Update: Attended Birkenhead County Court, WBC's solicitors (in Bradford) had appointed an agent (from Birkenhead) to attend on their behalf. It was agreed that the case should be adjourned for a minimum of 28days. I pointed out to their agent that I needed a copy of the process servers affidavit. The judge asked about costs, the agent said that he expected me to pay them, I pointed out that as the main solicitor had delayed so long in sending out the paperwork that an adjournement would have been required anyway due to short service. The agent said that he had no knowledge about this and had not been informed otherwise, the judge kindly pointed out that this WAS contained within the 6.19 and he hoped that he had read it. Costs were reserved until the next meeting. I see that someone else has joined this forum with a similar problem, also with WBC and the same person dealing with it and refusing to give any help or act in a reasonable manner, That pattern seems to be getting stronger, but at least now I know that this is inherrant within WBC and it's not personal
  7. Although I've always suspected that Kit Chan might be acting outside (or exceeding) her authority it wasn't until I actually started to write all this that I realised how many of these roads lead back to her, I'm wondering if I can make a request to ask if she knows me in any way outiside of this matter, if she has had dealings with any of my businesses or if her friends or family are in any way connected with any competition to those businesses. Would WBC have to supply that information ? Interestingly after a search I found her name on the North West Improvement and Efficiency website, a (government funded) site which exists to promote clarity and efficiency within the local area, especially in its contracts. Now Malcolm Flanagan, and a few days ago Neil Pxxxx (he said he wouldn't read external sites so I presumed he would not agree to his name being published) said that Kit Chan had no connection whatsoever with Housing Benefits (this was in connection with my daughter having her benefits removed) and that I had obviously made a mistake and that she only worked within Council Tax, so why, on the http://www.nwiep.org.uk/ website when looking through the contracts archive do I find: https://www.thechest.nwce.gov.uk/procontract/proregister.nsf/fcontent?ReadForm&requesttype=viewcontract&region=REG-NWCE-77WE5K&authority=ORG-NWCE-7UGD9E&docid=CS-DSIN-86EH85&sd=&stype=&rv=authority&start=1&count=20&contentid=1.003 The "owners" name seems very familiar. If anyone can publish that page to here would be grateful.
  8. Update: Went into WBC today to give them the SAR, no-one had ever heard of it before and no-one wanted to take it. They then sent off for somebody "higher" who came in and told me that I must mean an FOI act request, I explained that it wasn't, although I would be making one (or two). He told me that he couldn't accept a SAR, that they didn't deal with money so couldn't take the payment for it, and that I should use the FOI request as that was free, and could be made online, (I sense a few of them being filed). Eventually he phoned the person who deals with FOI requests, apparently they are on leave today (I'm sure the place would burst at the seams if everybody actually turned up one day), but gave me her address and said I should post it to her. I explained that I wasn't going to do that, so he said that if I went back in tomorrow he'd scan all the documents and send them off, but still couldn't take a payment for it (so that's going to get rejected then). I'm going over to Wallasey Town Hall tomorrow, and perhaps not actually tell them who I am until I find someone that isn't on leave. Drydens have read my 6.19 (well, I read it to them over the phone, they agreed to accept electronic service but as "it can take some time for their mail to be routed", they said they'd call back if there was any problem, no call back, no problem). They listened and said that my proposal sounded "reasonable" and they they had no issues with it, hopefully this means that they won't oppose it next week, might take the funds with me just in case (they still wont tell me how much it is in total, just that it's £4k plus fees, although over 1k of that is for the coming year, and 25% should be removed as single occupancy as they can't have it both ways). Should I take cash, or would a cheque book/bankers card/credit card be adequate ?
  9. Well I've served the 6.19 on the Courts and the Solicitors, now I'm preparing to serve WBC with a SAR. Any other suggestions ?
  10. Oh I'm almost certain of it. I brought up at one hearing that I'd never received the Liability Orders, now as I'd never lived at the address this was quite true, in reply the Council over the next few weeks produced over two hundred pages of "evidence" (which had nothing whatsoever to do with what I'd asked but it looked impressive) detailing how many LO's had been applied for (no details on any of them, and throughout the entire 200 plus pages nothing which gave any indication whatsoever that any of them related to anything other than "numbers"), how many had been posted, where they had been posted, who by, what time, what method they had used, how many had been special presented, how many had been returned, how many had been notified as lost in post (if it was lost in the post how would you know you hadn't received it ?), it was just incredible the numbers they could produce and the pages they could fill with absolute meaningless drivel, which in the end boiled down to. We sent out a lot of forms. None of them were brought back to us by the Post Office. We don't know if anything concerning you was in there or not, but we think it was. Maybe THAT's why they need the Council Tax payments so much.
  11. Thank you very much for that, I'll use it as a template and basically ask for everything. The main items I want are copies of internal memos and emails concerning all of these properties. I'm just waiting for WBC to spend the next 40 days looking at it and then saying that I am not entitled to any information on the property from 2006 because I don't own the property and have never lived there. Would anyone like to take bets on this ?
  12. The property relating to 2006 is not a house of muliple occupancy (single bedroomed flat). It did have somebody occupying it (Mr Cxxx Mxxx and his partner, who has told WBC that he lived there) I do not now (nor have I ever) owned it. WBC seem to interpret those rules differently.
  13. I refute my liability for the these orders, and would ask for a short adjournement to enable Wirral Borough Council to consider liability. At this time my tenant has contacted WBC and accepted that he holds responsibilty and officers for WBC have requested additional paperwork which at this time they have not considered. The Bankruptcy Petition being made by Substituted Service must under (r6.18(1) and (2)) have allowed a minimum of 21 days to elapse (normally 14 but an extra 7 for postage under substituted service rules). Although the Court issued the Petition within that time and ordered Drydens to serve such they did not post it (by their own Prepaid Postmark/Frank) until 3rd June 2011. This obviously does not allow this minimum period to elapse for a case to be heard on 21st June. There is a note on the Petition that service may be considered valid 2 days after postage, however (r6.18(1) and (2)) still allow a 21 day grace period before a hearing can be listed. I would also ask for an adjournement on the basis that this amount can be paid in full within 28 days. My tenant has admitted liability and in order to expediate matters it makes financial sense for myself to pay these funds and then allow my long-standing tenant to repay me. The debt is secure in that assets held by myself far exceed that of the amount claimed. The serving solicitors Drydens in this very court only a few month ago made statement that they had a valuation on the property concerned, along with details from my mortgage holder which showed in excess of £40,000 in equity. The bill they provided of £35,000 has been paid and although they are in the process of doing so the lien on the property has yet to be removed so there is no reason to suggest that such equity would no longer exist. Wirral Borough Council, and I would imagine that they have passed this information to their agents Drydens, do have an address for serving documents upon myself, nowhere upon the petition do I see this material fact disclosed and I would also ask if the Court were made aware of these details in the full and frank disclosure required of the petitioner. Dated 14th June 2011 To the Birkenhead County Court court and to Drydens, solicitor for the petitioner.
  14. If only it were that easy, there is actually a considerable crossover in the Council Tax for THIS property and the Council Tax for the property they obtained the bankruptcy for in 2006, when I pointed out that I couldn't possibly be living for several years in two places at once and so one or the other MUST be wrong they told me that I didn't actually need to live there to be responsible for the Council Tax. I thought only teenagers had an answer for everything.
  15. They have had (what I consider) adequate proof of my tenant and his tenancy. They have been provided with my address, but wont send items to it and kept it from the County Court when making a request for substituted service. This is a single occupancy dwelling (incidentally they won't give that discount either) I think the Form 4 was on the basis that charges were made by John Fielden for "attempted service" visits he made on the property, when he had never actually been there (I would suggest) and didn't know where it was. I did ring Arkline today to speak to one of their managers about him and that I didn't believe he had made any previous visits based on him not knowing where the property was and asking in several shops if they were that property, She replied that Mr Fielden had been with them for many years (quite what that proves I don't know) and that he might serve up to ten different addresses each day all over the NorthWest and might not recall every address. I pointed out that he had been into a newsagents asking if they were that property, a chip shop and a phone shop before he was told it was a side door in another street. If he had been there before and served paperwork there before he would remember that, and if not, would know if he'd attempted service on a chip shop or not. She said she would have to read the file and speak to him on his return but they supported their server totally (no shock there then). Apparently Wirral Borough Council have sent bailiffs to the address looking for me regarding this, but the only person they have ever met at the address is the tenant, their paperwork shows that he proved his identity with various bills and credit cards in his name.
  16. I have had to file the 6.19 today (I'll post a copy of it later), I tried hard not to do the whole "It's nothing to do with me, go away.." routine, and although it's a bit late to change it now hopefully someone will be able to make any suggestions how it might have been improved. I spoke to a Mr Neil Xxxx who was, it would appear, the most senior member of staff not on leave this week, In order for him to call me back I once again had to call Debbie at Wallasey Town Hall, who phoned through and assured me that someone would be calling back. Mr Neil Xxxx first of all said that he was not prepared to read the links to this website that were forwarded to him, so once again I had to go through the history, which he said he was aware of. He said that Mrs Chan was within her right to accept or refuse any items put before her as evidence of a tenancy, although if my tenant would present himself, with his tenancy agreement, and his utility bills, and his tax returns, and his driving licence and/or passport to Mrs Chan at her offices then they would "consider" who was liable for the property. I told him that we had been through this once before and supplied every single item, and more, that had been requested, they had "considered" it and decided that it was not enough. Moving on to my daughters flat he could not understand why anybody had said that they were waiting for Mrs Chan to make a decision on this matter as it wasn't her department, I told him that I already knew this and Malcolm Flanagan had confirmed such, he asked if I might have made an error to which I told him that the staff had informed me that she was stuck in Singapore due to an ash cloud and it would be resolved on her return, on her return some two weeks later I was then told that that it had been passed to Mr Neil Xxxx (him) but that he was now away on leave. He said that he didn't have the exact dates he was away last year on him. Almost correct (re:2006), the address is a property in Birkenhead, which i have never lived at and never owned. The person who owns that property lives in Wales. Obviously this case was brought up as I said I didn't want this whole circus to begin again. I told him that I had supplied him with full details of the tenant who was in that property at the time along with a sworn affidavit from him and various documentation, he replied that they were aware of this but unfortunately they had "lost contact" with this individual and didn't know where to trace him. I told him that he was still using the same mobile number that he had had for the past 8 years or so, I knew this as Wirral Borough Council had paid for him to attend to various training courses and assisted him in setting up a business, the advert for which appeared in the Wirral Globe (local free paper) and a Business Link newsletter (supported by WBC) several times over the last few months. I haven't sent an SAR, I am preparing one tonight to be served on them this Thursday (do you think recording the whole thing so they can't claim not to have received it is going too far ? ) I went into the Magistrates Court Building itself, more than once, they ran around for 15minutes asking different people but kept coming back with that they keep no records whatsoever of any LO's made, that the details of each are not read read out in court the council just say how many they have and they are granted on that number. I have made several complaints (not to the CEO before) and each one (see previous posts) was either derailed or diverted to their solicitors (who added the costs of dealing with it to my bill). The decision on my daughters tenancy was appealled, and rejected, it was sent forward to a tribuneral without any of the paperwork supplied by her, and rejected again. She does have a solicitor dealing with this now (and a fresh appeal has been applied for) as apparently the Job centre received notification from WBC that my daughter was in constant contact with me (quite what that means or how it affects matters I have no idea) but as a result of this they felt that I should support her and withdrew her benefit. My daughter is 20. Yes every decision made on this, the previous, and my daughters accounts seem to have one person within Wirral Borough Council in common.
  17. I think that the press would be interested, but as always it depends on the tack they want to take, at this time I don't see a downside for me, but then again I've learnt that you can't prepare for everything. I had a few few missed "Blocked" calls today as I was on the phone to various places for hours at a time, so hopefully I'll get a return call from Frank Field tomorrow.
  18. I have no problem whatsoever with names being listed, I have always omitted the names of people who have no connection with this and have made no derogatory remarks regarding any person. I have kept every letter that the Council have ever sent to me and have always recorded every conversation, I did tell them in the beginning that I was doing this but as their own introduction states that calls may be recorded I assumed implied consent for me to do the same as they were already aware that recording was in place. However if you wish to remove the names obviously I will comply with future posts. I agree I would have thought that would have set off the bells to anyone, but it appears that for Wirral Borough Council their action was not to investigate and perhaps see what had happened/gone wrong, but to instead serve the very last document (after serving all the others on a property I didn't own) on one I did (own), but didn't live at.
  19. Thank you for the comments and advice I have received over the last few days. A quick update: I have contacted the offices of the Rt Hon Frank Field MP, I gave the person a brief outline and directed them here, they have taken my number and said that someone will contact me shortly. I have spoken to two other landlords in the area, both have said that Council Tax is always the tenants responsibility (in their agreements) and that all they or their tenant has ever had to do for it to be put in their name is to make a quick phone call, so it would appear that this is a situation where a Council Officer is applying the rules differently to me. I have also been advised to obtain a copy of the affidavit sworn by John Fielden the process server. He, at first, claimed to have visited the property himself (I was VERY specific about this when I spoke to him) on at least two previous occaisions, and yet when he had to serve the SD in person he didn't know where the property was (as shown by witness statements and CCTV). If, as he must have done, declared to the court that he had attempt service twice and failed, which is now known to be untrue, then the SD must be withdrawn (as it was incorrectly served) and the Court must look more closely at his actions. Not entirely sure how this works but someone has mentioned a Form 4 regarding his conduct and misrepresentation. I have drafted out a 6.19 which I will serve upon Drydens and the Courts tomorrow, however I will leave it as late as possible as I am still hoping that someone from Wallasey Town Hall will conatct me and want to put the brakes on before it all becomes out of hand. (the eternal optimist) I think that the national press are a good idea, up until now I was hoping to keep it quiet as I thought it might effect my businesses, but I think I'd prefer people to know what is going on rather than whispers start that I might be going bust.
  20. I already have a copy from the Land Registry website, is that what is needed or do I need a certified copy from the offices (I can get that in the morning)
  21. That was what I intended to do as soon as -- edited -- had finally declared the case over and that they, and-- edited --, had no further interest and I could finally start work on Wirral Borough Council without them referring everything to them. The current matter however has meant that this has now had to be expediated somewhat as I now have to prevent this circus from starting all over again. What do you suggest as the next step ?
  22. No I don't live there Yes I have another address No I am not on the voters register at this address Yes my tenant is Yes it appears to have been in name since the start of his tenancy (despite the Council being told from the very beginning he was living there) I cleared the first Bankruptcy (the £35k) so that their solicitors would be out of the equation and they couldn't keep referring everything to them and making me pay for their legal fees. Then on the very same day it was cleared they used the same solicitors to issue another SD For the next week (at least) I am not bankrupt but I really do need to get a 6.19 served on the courts tomorrow. I have just phoned Wallasey Town Hall and spoken to Debbie again, she was suprised as she was promised someone would call me back. I was put through to the Directors office but it seems he is on leave until tomorrow as well, as is Malcolm Flannagan who also deals with this. I gave the person who answered a brief synopsis of the case, emailed across links to these threads and said that it might be easier if somebody could read this and see the whole picture before they called me. Cutting it a bit fine I know.
  23. No, at no point have they ever told me on what they have based this. My tenant has just phoned me to say that a letter has arrived for me from the Council. Dear Mr xxx Re: Council Tax - Bankruptcy Proceedings I refer to your phone call today in particular your conversation with Mrs Chan To clarify the position, the bankruptcy order application will be made at the next hearing xx June 2011 at xxx. Payment in full plus any additional fees must be received by me before this date to prevent my application. Your proposal to pay the debt off weekly is not acceptable (I offered £50p/w as a sign that I was not ignoring them, or accepting liability for the debt, but that they would be getting something whilst this was being investigated). If you requite more time to pay you must make your request to the District Judge accordingly. If your application for an adjournment is on the basis that payment in full will be made then the Judge may agree to a short adjournment. With regards to your dispute over liability, as Mrs Chan explained you are liable because you are the owner and this is classed as your main residence. In order that this may be reviewed you must provide evidence of your residence and that you are registered for Council Tax elsewhere. Also, in order that I may consider making Mr xxx liable, he must provide me with sufficient evidence of his tenancy and residency. This, coupled with proof of your residency elsewhere may allow me to review your liability. However, I am not prepare to suspend the petition application in the meantime. Payments can be made in person at... etc etc Scribled as a PP for Director of Finance. My tenant has already given them copies (and originals) of his bills, his tenancy agreement, his credit card statements etc, but Mrs Chan decided that this is not enough, strangely she also refuses to say exactly what is. I have supplied them with tenancy agreements and various documentation, but it is never acceptable as they refuse it for no reason whatsoever. Tenancy Agreements (signed and witnessed) - Refused as anyone can print one out (well yes, that is how they are made) Rent Book - Refused as that could have been written out at any time Electric Bill - Refused as you can have your bill put in any name (has been in that name since 2001) Gas Bill - Refused as the property has an office at the front of it and it might relate to that Credit Card - Refused as anyone can get a credit card for another name DNA - Refused as there is a possibility that you could share it with somebody else (sorry, couldn't resist)
  24. I wish it was, no that is the truth, I do have the persons whole name but obviously haven't put it as I have no idea if any criminal action has or will ever been taken. They haven't actually chased me for CT for that period, although now I come to think of it I suspect that may be their next step if I clear this current request. I don't ever feel like like a victim, I don't use the word victimised, but as I write more and more of this down (it's extremely theraputic) I do see a common thread developing.
  25. It's okay, I have been trying to get my head around this since the Bankruptcy in 2006 I have phoned, visited, emailed and written to Wirral Borough Council so many times over this I have lost count (although I have kept copies) there default response is to refer it to the IP (Drydens) or to tell (not ask, tell) me not to call them anymore and to speak to the IP instead. The IP's reply is always along the route of I should take it up with the Council, and if I don't clear the amount quickly they are going to sell my property. I suppose it's because I am ill, I am very very ill, the Council do know this and I did provide a extremely comprehensive file to the Courts showing that it was unlikely I would be able to see these proceedings through to the end. Unfortunately for them (and somewhat luckily for me) I have never listened when someone tells me to do something, so i keep moving about. I don't claim any type of benefits, I don't want to, if I don't claim them nothing is wrong with me (in my eyes), however I did once during a conversation with Mrs Chan ask if I could claim Income Support and have it back-dated as this would nullify the Council Tax, she told me I couldn't as I had already told them that I didn't live in that property. I laughed and pointed out that that was the exact reason I wasn't responsible for the Council Tax, her reply was that they had the Liabilty Orders and therefore I was.
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