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Ali2

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About Ali2

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  1. Hi Hope someone can help with my query. Some weeks back I received 2 notices of enforcement via post re Council tax liabilities sent from a bailiff. However, I disagreed with the figures as they did not correspond with an email I had been sent by the Council earlier in the year. I decided to respond by emailing the council 2 weeks ago to dispute both bills saying that I was disputing the sums owed and that I wanted them to take back the debts as I would not deal with the bailiff. I wanted to deal with the Council directly. Today, via email, I received notification from the bailiff that they would be sending someone to my property with the Intention of Taking Control of my Goods. The only people who could have informed the bailiff of my email address was the Council. I consider this intrusion via social media to be harassment considering the council have failed to acknowledge my email and given the bailiff my email address. Can I report this episode to the police, and given that I have some health problems, be considered vulnerable (I have the proof to back up my claim). I consider it a gross intrusion to contact someone via email and, given that I have made an effort to sort this out, someone is not listening. Any advice on next steps appreciated. Whilst writing, what are the true costs of Liability Orders? Many thanks.
  2. Hi Looking for some advice please. I was unemployed in April/May 2015 and whilst getting JSA applied for council tax benefit. When I received the full bill, I wrote to said council to tell them there should be reduction for that period as I was receiving JSA. The reply "With regards to 2015/16 bill, you have not been granted any council tax benefits, therefore, you are liable to pay full council tax as per the bill you received. Please pay the outstanding instalments by return". They granted benefits in the past so how do I take this forward? I was not earning whilst unemployed yet they are not going to grant any benefit whatsoever. Should I escalate the complaint? Many thanks in advance.
  3. Hi Hope someone can help. I am reading conflicting accounts regarding councils sending out summons for court appearances re council tax. On one hand, I'm reading it's illegal and, on the other, just came across this piece on the web which seems watertight. Please can someone clarify the situation? Many thanks. "There is no statute which authorises (or prevents) a council preparing a summons on the court’s behalf. Under section 51 of the Magistrates’ Court Act 1980 (http://www.legislation.gov.uk/ukpga/1980/43/section/51), a person can apply to the Magistrates’ Court for a summons. If it is granted, it is customary that the person applying drafts their own summons, which in the case of Council Tax is the Local Authority. There is no statute which authorises a summons to be issued by the Local Authority. The summons is issued by the court when the application is approved and endorsed by a Legal Adviser and the Council informed of the outcome of their application. The summons may then be printed by the complainant and that is now the normal custom in relation to all summonses. It is the responsibility of the person applying for a summons to serve it on the respondent and Rule 99 of the Magistrates’ Courts Rules 1981 sets out how that may be done, which includes by post. There is no agreement between courts and local authorities to do this, as it is the legal duty of the local authority in every case".
  4. It said "adjourned generally". However, I received the Final Charging Order over a year later. The case had been listed a few months before, the solicitors for the other side received the hearing date but I received nothing! So who is responsible for not informing me!!
  5. mjt2013, thank you for your very helpful advice. The court are refusing to take responsibility and are asking me to pay £80.00 to have the case set aside!
  6. Hi Hope someone can help. I am currently fighting a Final Charging Order as I received no notice of the hearing date. The court is proving evasive in answering my questions including who is responsible for sending out notice of the hearing date, the Claimant's solicitor or the court? I had an Interim Charging Order date adjourned, however, out of the blue, about a year later, received a Final Charging Order. The court are refusing to directly answer many of my questions so who can I escalate the complaint to outside of the Court? It took months for them to even answer my initial enquiry!! Thanks in advance.
  7. Hi I have a number of questions, hope someone can help. If a court sends hearing notices to a solicitor, are they sent securely via an internal system or normal post? If securely, will the court have a receipt of delivery i.e. that the hearing notices were received by said solicitor? Are solicitors for the Claimant responsible for sending out a Copy of Service to the Defendant? In the case of an Interim Charging Order and Final Charging Order, when does a CCJ come into the equation? At the interim or final stage? Does it go straight onto your credit file? Thanks in advance for any help.
  8. Hi Hope someone can help. Are prospective employers legally entitled to ask if you have ever been declared bankrupt or had civil proceedings taken against you by a creditor? Are you legally obliged to answer? How do they carry out checks? Surely that is private business that you should not be forced to disclose. Thanks in advance for any answers.
  9. Yes! But could not find my original posting!!
  10. Thanks for your reply, Ganymede. I have a defence, however, the Court did not inform me that there would be a final hearing. I have not received any papers or documents re defending my position. However, a couple of months ago I did receive a document from the Court with the information that the ICO had been "adjourned generally". So why this turnaround? I believe the court are obliged to notify all parties of the FCO hearing date. As I have said, I wasn't so I am going to contest this. If they have not informed me of the hearing date, and just gone ahead with the final order, I have not been given leave to provide evidence on my case which there is.
  11. Thanks for your replies. Yes it is a council tax debt, however, surely I have the right to argue my case!! The fact is, I never received any notification of the hearing date, so could not make a defence. In that case, surely I have the right to make a formal complaint to get it removed. How can a final charging order be legally in place when the defendant was not given the opportunity to state their case. Also, is there a timescale between going from an interim to a final? And who instigates the final charging order ie, pushes for it, eg. the creditor which is the council. If someone could explain this to me, I would be very grateful, thank you.
  12. I have just viewed a Final Charging Order online and that is what the court has sent me. However, I was never informed of the date or given a chance to defend. Can someone please help? Should I write to the court in the first instance?
  13. Hi Hope someone can help. The council obtained an Interim Charging Order against me about 18 months ago. I wrote to them re the charging order and they refused to listen to my arguments. Yesterday I received a letter from the court with the words "Final Charging Order" on the top left hand side. It went on to say the order created by the court earlier ie Interim Charging Order shall continue and it states the sum due together with any further interest becoming due and costs. I thought you were supposed to be given an opportunity to defend a Final Charging Order, however, I received no notification of a hearing to go along. Can anyone offer any advice on how to proceed, if this is a "Final Order" considering I didn't have any chance to defend myself. Thank you.
  14. Hi I queried the final sum of my outstanding mortgage (coming to an end),to be told a £50.00 fee had been added. Company policy apparently. Has anyone else ever come across such a "fee" when a mortgage finishes? Thanks in advance.
  15. Hi Hopefully one of you guys can help. The bailiff has refused to answer my questions requesting fee charges, visits and breakdown of costs. They state I have to go back to the council and they will not answer any further letters! However, what if the council refuse to provide a breakdown of the "so called" charges. Thank you.
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