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    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
    • There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing. I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?
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I received a liability order in september but have just moved out.

 

Can i now go back to the council and have the amount amended?

 

Any help thanks.

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Liability Orders.

You could contact your local Council office and explain your position, BUT make sure you take as much evidence of your move, time, date etc as you can, because they will then have more to go on, but

It is important to realise that if your local council have obtained a Liability Order against you for unpaid Council Tax or Business Rates, then you are not alone….during the year to 2007, there were approx 4 million Liability Orders granted.

Bailiff action to collect unpaid Council Tax or Business Rates can only begin once a liability order has been obtained by the relevant Local Authority. Liability Orders are granted in the Magistrates Courts. Very few debtors bother to attend this hearing. This is mainly because unless the amount claimed is wrong, or you are not the person named on the summons, the application will be granted.

To obtain the Liability Order, a representative of the Local Authority will present a spreadsheet to the Magistrates Court consisting of the names, addresses and reference numbers of those debtors in arrears with Council Tax and Business Rates. This is called a "Complaint's List". Unless there are objections, which is rare, the Court merely rubberstamps this list. . This has the effect of confirming the legality of the debt. It is rare to be shown a Liability Order; however you could ask to see it.

By law, the local authority must give you 14 days written notice that the Liability Order is being transferred to their relevant bailiff company for collection. Therefore, it is vital that you try to stop this process if you are unable to pay.

It is also worth noting that a Liability Order is not recorded with a credit reference agency and will therefore not affect your credit rating.


Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Thanks Baz for your reply which is valued.

 

But could someone out there plese tell me whether or not i am still liable for the whole years amount?

 

I had a liability order againist me but as you know it is for the whole year.

 

Can i contact council and get the amount amended as i only owe half the bill?

 

Any ideas?

 

Thanks.

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Was the liability order given to you because you defaulted on a payment or two. Because if it was then they always send letters requiring the twelve months payment.

You can defend a LO but you must be able to prove that the debt is not correct.

When you say you left the property, did it then become vacant ? because a vacant property is excempt from charges, so you wouldnt have to pay for the time that youre not there because you are not liable for that period in question.

 

The Valid Defences are:

 

  • An unauthorised officer of the Council is attempting to obtain the Liability Order.
  • There is a defect in your payment instructions (your bill has been calculated incorrectly).
  • Less than 14 days has elapsed from the issue of your demand notice and your first instalment falling due.
  • Payment has been made in full.
  • No reminder notice was issued.
  • The Council has defective computer evidence.
  • You have an Administration Order in progress through the County Court, which includes your outstanding Council Tax.
  • Documents have been served incorrectly.
  • YOU ARE NOT LIABLE FOR THAT PERIOD IN QUESTION
  • You are subject of bankruptcy proceedings that have been commenced against you.
  • The debtor is deceased.

The above outlines the valid reasons for defending against a LO.

 

Hope they help.

 

 

Good luck.


Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Hi,

 

Today i have received 2 letters from a council I previously lived under. The first one is dated 26th Aug and is a copy bill and is for £445.42. It says it is for 2009/2010. The next is dated 31/08/09 and says at the top NOTIFICATION OF BAILIFF ACTION FOR OUTSTANDING COUNCIL TAX. It goes on to say on Wednesday 12th April 2006 the council was granted a liability order against me for non-payment of council tax. Previous efforts to recover the balance have failed ect ect ect.

 

I have a few problems. I can't remember when I moved out of this address and have no proof of address for this date. I also can not afford to pay the arrears as i am currently on maternity leave and only getting £100 week! Please can someone give me some advise?

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can someone tell me if i'm right on this. is it true if someone moves from a property owing council tax and the council obtains a liability order but uses the first address for court purposes and later traces the debtor to another address and sends bailiffs. is it true the liability order is defective


:???: what me. never heard of you never had a debt with you.

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It is not the LO, but the warrant of execution that would be wrong. The bailiffs should go back to the court to have the address changed, but from what I read, they don't appear to do this.

 

You should have posted this to the bailiffs page.


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For a bailiff to proceed for council tax arrears they are instructed by the council tax to collect the arrears due, the courts have no involvement in the process (after the liability order is granted) - unless the council have used the (very) unusual route of a county court.

 

The bailiff action is not taken against a specific address, it's taken against a specific person at whatever address they are at when the bailiff catches up with them.

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