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  1. Hello all I have had an ongoing issue with Parking Eye and them issuing 2 Parking Charge Notices for me parking in a hospital where I work. The car park is free for all to use but visitor and patient parking is limited to 4 hours, for one reason and another I occasionally park in visitor spaces but usually move my car before the 4 hours is up - but with ANPR technology I have been caught short a couple of times. I have been down the usual routes, appealed - rejected by Parking Eye with no reasons mentioned. appealed to POPLA, ignored my arguments and said that I had breached a contract and therefore they too rejected the appeal, though they did concede that they could not consider the mitigating factors that I offered. I also appealed to the land owner the local health board asking they they request the notice be revoked - but to date have heard nothing from them - typical! All went quiet for about a year and now the matter has been passed onto Capita (who I realise Parking Eye a part of their umbrella group? I have exchanged a couple of letters with them, they initially told me I hadn't appealed - I have now had a letter from them again which contains the term 'Magistrates Liability Order Dated:' there is no date and it seems as though it is a bit of bluff? Are these bandits able to include these sort of threatening terms, can they indeed apply to Parking Charge Notices, the only things I am really aware for them applying to is non payment of Council Tax? Any advice appreciated... thanks Nathan
  2. I received a phone call today from my previous council, the gentleman said he called me with regards to my very old address dating back to 1999-2004. I was a student then and found the flat through a normal Estate Agents, signed the Tenancy Agreement and moved in. Today, 2017, four children later I get a phone call from the council enforcement team informing me that I owe over £4000.00 in BUSINESS RATES. I was never informed that it was an "office" I was living in and to my total amazement they even took to me to court and I have a liability order from 2005. This is approx a year after moving out. I wasn't the only tenant, there was a gentleman above me in another flat and they built yet another flat in the loft when I moved out. My flat had a bathroom with a bath and a kitchen and looked nothing like an office. My LL at the time informed me that I wouldn't have to pay council as I was a student and it would have been included anyway. The gentleman from the council informed me that I am 100% liable and even though landlord or estate agent deceived me. I am in total shock and feel that I have no choice other than to start to pay this huge amount. There weren't any letters chasing the so called Business Rates throughout my time there and all correspondence from Landlord stated My name, then, First Floor Flat, 33 So-called Road and Postcode. Unfortunately I don't have more than 3 letters after that many years and I feel well and truly confused. The man also informed me that their records only go back 7 years so they will not be able to investigate nor look further into it as "the Law of the Land" (his words) has already decided that I am liable. Does anyone know why landlords would do this? What do I do? I have 7 days to respond Please advice or wake me up from this nightmare :frosty: Please let me know if I need to post this in another section, unsure and new to this.
  3. Good morning, Not sure where to start with this one, but i have 2 outstanding Liability order for council tax from 10 years ago (when i was 18 years old). I was only aware these orders even existed until earlier this year when i received a letter from Said Council saying they had traced me to the address where i was living at the time and had been for 8years..... I contacted the council asking for a the amounts, legal costs & period in which they had been charged for, They sent me this in writing in May of this year. As i was a single parent at the time on benefits i would have been in receipt of full HB & CTB at the time so the fact that i owe them any CT is beyond me... Money's were being deducted out of my Income support THIS year to pay towards this oustanding debt, but as i am now Working and NOT on benefits that money is no longer being deducted and they received the last payment from me on the 14/10/13 of just over £14, I have just within the last few days had 2 Letters from Equita bailiffs, stating i will someone to come out to levy good to recoup the debt, contacted them first thing Monday morning AND STUPIDLY i have now made arrangements with them to pay monthly only after 3 phone calls to them. I have now made some investigations with the Council as to when the CTB wasnt paid, the reasons why, the dates the liability orders were made, When & Where they were Sent to, they Date it was past on to DCA etc as was adviced by the CAB, I have asked the Council to take the debt back but they refused, And considering that the last payment they recived from me was the 14/10/13 they had already past the debt onto equita on the 10/10/13. I am at a loss with Equita as they threatened to have a baliff come to my house even tho i was calling them to set up payment arrangements within 2 days of recieveig their letters, Thes first call telling me i had to make an initial payment of £50 before they would set up monthly payment, the second call telling me if i didnt pay £90 over the phone NOW by card then i would have baliff at my door, and the 3rd call letting me pay £40 (which i had to borrow) before setting up monthly payments, the council have told me that they sent me notice to pass on to DCA back in May, but they had been getting payment from until a month ago... I am now scared out of my witts that i will still get baliffs at my door even tho i have made initial payments as i was told by Equita that they would just add a Levy fee to my account anyway without the baliff coming And to clarify these Liability orders Add up to £309 and where made just days before i moved out of the property, and 6 months after sending them to address i never even lived.... HELP please
  4. Local Authorities are a law to themselves and this is especially true when you consider the way Magistrates' Courts are exploited by councils for rubber stamping thousands of liability orders in a process which typically takes up less than an hour of courtroom time. It's usual for councils to be awarded hundreds of thousands of pounds costs in respect of each court application. Unlike typical hearings where Judges determine the level (if any); councils tell the Justices Clerk in advance how much Magistrates should award. This is what happens in reality but wonder if what they do is in accordance with the law. The Magistrates Courts' Act 1980 provides at section 64, the power to award costs. If anyone can confirm; the question is, will the above be the relevant legislation applying to costs, Magistrates award local authorities in respect of Liability Order applications. This would presumably include summons costs that councils offer householders the option to pay, in exchange for halting the court action. Regulation 34(2) is the relevant part of the Council Tax (Administration and Enforcement) Regulations 1992, making provision for application to the Magistrates' court. Regulation 34 goes on to exclude a couple of sections of the Magistrates' court Act, but neither of these are in connection with section 64 (costs). If section 64 of the 1980 Act is the relevant law for which Council Tax costs must conform, there are some irregularities which would seem to question the legality of the summons charge councils force us to pay. Anyone throw some light on this?
  5. seeking advice on what to do...Hounslow council have written to me three times now in the last couple of weeks the most recent letter stating I owe them five months council tax from 1994-95. This is from nineteen years ago and this is the first I am hearing about it. Yes I did live at that address for a short period of time back then. I was newly married with a baby and a friend of my husbands let us rent his house while we got on our feet. If I remember correctly it was a somewhat loose arrangement without an official tenancy agreement or anything. When we moved from this house we were not aware that we had left any outstanding debts. Of course I have no records dating back then and so have no idea whether I am liable or not. The first letter I received from Hounslow Council was just literally a bill with an amount on it, no dates or anything and quite out of the blue. When I phoned up to inquire I was told that it must be a mistake as the amount outstanding was referring to 1997 when I definitely know I was not living there. I then received a letter stating that hounslow council had been granted a liability order and previous attempts to collect the debt had been unsuccessful and I am now under consideration for Committal Summons. Please somebody educate me, what is this? Again I phoned up and was informed that the debt was for 1997 and the matter would be looked into. Then the last letter arrived and states it was for 94-95 but with mention on the notes relating to 1997. Now I have lived at my current address for 14 years and fully visible on the electoral roll and this is the first I have heard about it. Surely it has not taken them 14+ years to track me down? I have also been separated from my husband for a few years now but there has been no liability order issued to him? I was told that this was because the account is in my name only. I don't have any records going back that far so I am unable to validate their claim. The latest phone call to them told me that the alleged debt may have occurred due to council tax re-banding in 2003 however they then informed me that the Liability order was granted in 1997 and attempts have been made to collect but have been unsuccessful. So far nobody at the council tax office is able to offer me any clarity or consistency as to how this alleged debt came to be. I have emailed them and disputed their claim and asked them for a complete break down of my account dating back to 1993 and have asked them to provide a copy of the liability order and any action that they have taken to collect the debt in order to prove that I am actually liable but was told I had to prove that I wasn't liable. Which just isn't possible from such a long time ago. I have also asked them to explain why it has taken so long for them to contact me regarding this alleged debt. I am awaiting their response. I am concerned that they will be able to send bailiffs round to my current address as they claim to have a liability order. In the mean time all advice gratefully received.
  6. Hi everyone, I hope someone can help with a few questions! A few days ago I had a letter posted through the door from Ross and Roberts bailiffs. I phoned the bailiff and he told me it was for unpaid council tax from my previous address (I must have missed payments without realising), some of which dated from after I had already left the house and moved to my new address. I told the bailiff that I would not pay without speaking to the council first, so the next day I called the council and they told me I can appeal in writing. They said they didn't have a record of my new address until about 6 months after I had actually moved they had kept billing me and sent all the bills and a litigation order to my old address and I had never received them, the first I knew of the debt was the bailiff’s letter. They told me I could appeal by explaining the situation in writing and sending copies of my old and new housing contracts to show the date I moved, and then they would consider reducing the bill and recalling the bailiffs. I was planning to write to the bailiffs to say I am dealing directly with the council in the hope they stop chasing me, as well as sending the appeal letter to the council. Is there any specific information or wording I need to include in either letter for them to be effective? And If I do this, and pay the council directly for the part of the bill I actually owe after appealing, will I still have to pay the bailiff fees, or will they leave me alone then??
  7. Hi all, I have been in the wrong council tax band, for many years and it has now been corrected. Whilst being in the wrong band, I received ,summons and liability orders, for which I now know were for the wrong amounts. Can the council, still claim that they were right in doing this, as I did owe an amount, but not the amount I actually did owe due to being on the wrong band. After the banding was amended, it cleared all the arrears that I owed at present, and all other years. I would appreciate any help, regarding this. Thanks.
  8. If this post serves no other purpose, it may at least include some useful links It seems Local Authorities, for their own advantage, are selectively implementing the law under the 1992 Council Tax regulations. Council's recovery policies reveal how they're circumventing regulations and using the threat of a Liability Order as bargaining power to negotiate take-up of Direct Debit. After recovery action has commenced, it seems council tax payers who agree terms laid down by their respective councils are having recovery action reversed. Concessions differ from one authority to another but include: i) Summons and costs being withdrawn, ii) Reinstatement of instalments, and, iii) The Authority agreeing NOT to apply for a liability order Generally, the condition is that the account holder switches to Direct Debit – the council's preferred payment method. West Lindsey District Council, for example state: The London Borough of Hillingdon offer this: Rutland County Council this: Wandsworth Borough Council Eastbourne Borough Council..... North East Lincolnshire, Ashford Borough, South Kesteven and Rother District Council, all offer some variation on a theme of this... There is of course an ulterior motive for this generosity in that the authorities secure more Direct Debit payers through their deals. However, it must be questioned whether or not it is lawful. The penalties, or court costs charged to the individual are based (or should be) on how many orders are applied for by the council. There are therefore far greater implications for the alleged debtor than simply whether or not a concession is given for the take-up of Direct Debit. Because of these concessions, the total costs are being split between fewer account payers, thus (theoretically) larger penalties are being charged to householders as a direct consequence of councils campaigning for a greater take-up of Direct Debit. As well as the added imposed burden this has on the rate payer, unless a specific clause in the legislation provides for the council to apply regulations discretionally, then the authority will almost certainly be breaching the Council Tax regulations. All councils have to adhere to set procedures laid down in statute whilst obtaining liability orders for council tax arrears through the court. The Council Tax (Administration and Enforcement) Regulations state under regulation 34 exactly what steps the authority must take. These regulations are devised so meticulously that invariably when a householder appeals an unfavourable action, councils simply state their hands are tied and play their "procedures are laid down in statute” card. Interestingly though, if the authority is able to benefit by bending the rules (securing additional Direct Debit payers in this instance), it seems they view the law as optional. So to summarise, these penalties or court costs are being made higher because fewer householders are paying them as a direct consequence of our council's campaign for greater take-up of Direct Debit (the council's preferred payment method). And, unless a specific clause in the legislation provides for the council to apply regulations discretionally then the authority will almost certainly be breaking the law.
  9. Got a note through the door from Equita Bailiffs for a council tax liability order. Letter reads as follows: ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- My name & address - printed on the letter Date - handwritten Time - handwritten Delivered By Hand BAILIFF REMOVAL Payment due in full - 24 hours I have attended today with the intention of removing your goods and chattels as are necessary to discharge the outstanding Council Tax Liability Order and additional Enforcement Costs incurred. PLEASE NOTE - No further arrangements are acceptable and payment is now required in full by CLEAR FUNDS ONLY. I will re-attend your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action, contact me immediately on the telephone number below to arrange prompt payment of your debt. No contact will be taken as your refusal to pay. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- There was nothing about the amount or actual costs. I contacted the council immediately, because this is the first I'd heard it was being kicked to the bailiffs. I knew I had a liability order but I had assumed my previous payment arrangement (made with the council) for last years order was continuing on, as I had made all my payments on time, and I'd heard nothing else from the council. After 10-15 futile minutes trying to get the council to take it back from the bailiffs, I got them to confirm the amount of the liability order. I borrowed the money from a relative, and paid off the liability order directly to the council via their automated telephone system. I then paid a further £45 (via automated system) to cover 2 bailiff visits - letter above being the first visit, and one more visit should they actually come in 24 hours and my account isn't clear in time, OR if they claim this wasn't the first visit. Is the letter above the standard first visit letter from Equita when you've got a council tax liability order? It doesn't sound like it - aren't they supposed to give you a payment arrangement option? When do bailiff costs get added to your council tax account? Do they maintain a separate account with the charges that the council doesn't have access to, cos the debt at the council was just for the liability order. I'm worried about them adding mystery costs to my account and/or that they've levied my neighbours cars (who are fond of parking outside my house). I have no intention of contacting the bailiffs, but I'd like to know this is finished and I haven't got to worry about more bailiffs charges, relatives parking at my house and hiding in my house to avoid contact.
  10. Hello People, Your help would be greatly appreciated and is URGENTLY needed. I recently found out my only bank account has been frozen using an Interim Thrid Part Debt Order obtained by the CSA. The relates to a liability order I know nothing about and had no notice or summons provided to me until I got a letter from my bank. I am currently not working and or not claiming any benefits since I was banned for driving under the New Drivers Act for not completing a £60 speeding fine. I have been writing for nearly a year to the CSA trying to get them to correct their assessment with no avail; they are an absolute waste of time and I cant even access a penny of my money I was living off left to me by my late grandfather who sadly passed away. I have a final hearing on the 28th February were they are basically going to rob every penny of my money. I have been told numerous times by CSA representatives that if you are living off savings with no income they make a 'Nil' assessment. I have made a complaint to the CEO of the CSA, however I worry that this is going to be too late. Is there any other means to my disposal to help me access my money? I cant even get a solicitor to help me; its not that I am being non-compliant and am happy to provide for my child. But if the UK government removes my licence for such a stupid reason when there are drivers who have not been banned with 32 points on there licence what do they expect? Is there anyway to have this Liability Order set aside? Best wishes Dan
  11. A bailiff (Jacob's) came earlier while I was out and left a letter stating they intend to seize goods tomorrow re: a Liability Order issued by the Magistrates Court due to Council Tax arrears. What can I do to stop them accessing my home? I am in receipt of £50 a week Working Tax Credits and have no other income at present (registered S/E). If I had money to pay my arrears, I would, but I don't. I'm not even going to get started on the fact a single person should have a greater reduction than at present, or that Council Tax even exists... Thanks in advance.
  12. long story edited highlights ... My mother claimed income support and council tax benefit in March 2010. The IS was turned down so appealed and reclaimed IS which was successful on second claim. The CTB was paid from when IS was successful. The IS appeal was successful and payments back dated to March. Council will not backdate council tax even though IS was received for that period. They have now issued summons for CT to obtain a liability order with the view to make deductions from earning / benefit or instruct bailiffs. Council has been phoned and the benefit claim handler wont take call or phone back to discus the case, council tax people say council tax is due until benefit has been calculated. The council were notified of the successful appeal 10 months a go and have stated they have evidence IS was not awarded for that period even though they have been sent entitlement letter and details of the appeal. Basically if they back dated the CTB to 1st April 2010 then there would be no CT due as per IS appeal Recovery team have said they are entitled to recover the money and its pointless turning up at the court as you wont get to explain this to the magistrate. were do we go from here ...
  13. Hi all, I'm afraid it's another case of Bailiff blues.... I have recently fallen foul of the Bailiffs for non payment of business rates on my little office. My girlfriend and i took the space 4 yrs ago and though for most of that time there has been a suspension of rates due to the rateable value (below 2600) there was a portion that we are liable for in the first year that we took the space. We were a bit naive in thinking we wouldn't be asked for it as the Building is a big rambling victorian rabbit warren of a factory building. Just before Christmas we received a summons to magistrates and then a liability order was given, we were a bit tight as we're creatives and often have to fund our projects before we receive payment so we weren't able to make any payments. Yesterday I called the council to pay the arrears I was told the acc had been passed on to chandlers bailiffs Bromley. I spoke with chandlers who referred me to them they in turn put me onto our Bailiff. I called mr. bailiff and I was informed that on top of the original debt i now owed an additional £340 this was for attending with a van with the intention of removal of goods. Am I right in thinking that the only charge that they can make in my absence is £24.50 for a first visit? From reading around on this life saver of a site it also seems that charges can only be made for a van if goods of worth are removed as part of a levy, and that they have to first ascertain whether or not there is anything of worth to seize? Also am i correct in the assumption that i would have needed to be informed of the impending visit in advance in writing? I decided to go back to the council today and pay the arrears in full which they happily took, though I'm not exactly sure what to do next. -Should i call the Bailiff and offer to pay the 1st visit fee and ask for a breakdown of costs or should that be a conversation initially with Chandlers? -If the Bailiff refuses to take my money what then should i send a cheque to Chandlers recorded delivery? -Do i go back to the council? as there is no debt can they chase me for the fees? I would really appreciate any help on this as i'm a bit unsure of what i'm doing, and i don't want to give them any ammo, I would really like to ring the bailiff should i be recording the conversation if so do i need to inform him? Many thanks!
  14. Today my parents received a letter at their London address (where i dont live since Feb 2011) regarding council tax which i owed of £1003.81 for a Birmingham address. I had a monthly direct debit set-up for some reason ended up failing and being removed, since then this is the first time i have heard from Equita. The letter is under my wife's and my name she is out of work since Feb 2011 til present and i have just started last week. None of us have the funds to pay the amount. The letter posted THROUGH THE DOOR on the 10th Oct 2011 stated: "Payment due in full in 24 hours.....i have attended today with the intention of removing goods and chattels as are necessary to discharge the outstanding council tax liability order and additional enforcement charges cost.....Please note no further arrangements are acceptable and payment is now required in full......i will attend your address to remove goods even in your absence....should you wish to avoid this contact me immediately....no contact will be taken as your refusal to pay" I rang them (before reading that i shouldnt ) to say my parents received this letter but i dont live there anymore. I told him i have been out of work for 2 years and only started working this week. He replied saying it doesn't matter he needs full payment or a court order would be issued, i said it doesnt matter even if i go to court as i cant pay and will still arrange a monthly plan. Obviously more fees would be occurred so i would rather deal with this matter ASAP. The bailiff told me he'll give me til Thursday (4 days) to try and get the money but said i doubt i can. The only method for me will be to get a monthly plan sorted again but im not sure they will....or is there any way i can? Please do help me
  15. Hello, my mum have received a letter from Newlyn bailiffs saying that they have liability order to seize and distrain our possesions. My mum is a single parent and she has me(15 year old son) and at the moment she is pregnant with another child. Me and my mum owe around £1200 to council, and as soon as we received the letter, we've paid £60 to them. These may seem like a small money, but at the moment £60 for us seems like a fortune of money. My mum is worried about her paintings being collected by baliffs, she has a lot of painting that belong to her dad and they cost a lot of money! Me and my mum hardly have any food at home, and my mum does not have a job and she does not get any benefits and we have no right to get any benefits because we come from Russia! My mum does not speak English, so I act like an interpreter! It is very stressing for me too because the thoughts about baliffs are always on my mind. Could you please give advice what to do, because that is the first time it happened to us! Could you please give advice to us!
  16. Hi & can anyone help 07-2006 Southampton City Council informed me of a liability order from Southampton magistrates granted 11-04 re 13 months council tax - from 2003-4 I hadn't stayed 13 months, but arranged to pay £12 per month from 2007 to late last year my payments flowed by post, with Southampton Local Taxation services sending me a receipt ~[later payment slips] in response to each installment then the payment slips stopped, late last year, [about half the principle paid off] I paraphrase "Oi" says I "make with the receipts" in case it was a mistake or whatever So then Southampton Local Taxation Services write back saying the payment slips cannot be sent.... because.... "your liability for council tax in Southampton has ceased." [6 years ish after magistrates liability order established][& is the only liability known of] doesn't this letter plainly & unequivocally discharge the liability? Complaint has started with the Southampton local taxation services office but Equita are sending mean letters, threatening property seizure, etc [household has now & has only had minimum benefit level income since 2004] Another complication is I'm now in Scotland So, will a company of sheriff's officers write to me separately before they force entry? What would really be appreciated is any reason-set for why the noted phrase "your liability for council tax in Southampton has ceased." might NOT be a discharge of the liability [am I misapprehending liability law?] Any advice would be much appreciated
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