Mardy bailiff and CTAX LO

[unclebulgaria67]

They've only confirmed there is no record of the summons. I'm hedging my bets as to whether or not they can get a copy of the Liability Order. If they have no evidence of the summons, does it follow that the LO isn't available either?

 

If there is no record of a summons, then it follows that a LO is unlikely to have been obtained and therefore this council tax is not enforceable.

 

I would suggest that you write back saying that you consider the matter to be a formal complaint that you require to registered as such, so that it can be escalated to the LGO if necessary. Advise them that in the absence of proof of a summons and liability order for the council tax they are chasing, that you do not believe there is a current amount outstanding that is enforceable. Ask them to provide proof of these documents or in the absence of these documents to provide written confirmation that there is no outstanding council tax liability for the period concerned.

[fwog]

Would it be a good idea to call them and discuss or just hit them with a letter and SAR?

[unclebulgaria67]

Would it be a good idea to call them and discuss or just hit them with a letter and SAR?

 

Keep everything in writing and if possible send standard recorded.

[fwog]

Keep everything in writing and if possible send standard recorded.

 

OK ,will do. Keep you posted on developments

[tomtubby]

The local authority may ONLY use a bailiff to recover a debt IF a Liability Order gas been granted. Unless they can provide EVIDENCE that a LO was granted then they can only ASK you nicely to pay the debt.

 

The "write off" policy is crucial in your case.

Edited July 2, 2013 by tomtubby

[fwog]

The local authority may ONLY use a bailiff to recover a debt IF a Liability Order gas been granted. Unless they can provide EVIDENCE that a LO was granted then they can on ASK you nicely to pay the debt.

 

The "write off" policy is crucial in your case.

 

Hi Tommy Tubby,

Can you explain the "write off" policy more fully? I've googled it, but no avail, it just throws up minutes of meeting relating to the previous years write offs. I understand what a write off is, just how can I apply it in my case and would it be a good idea to put a complaint in regarding this?

[unclebulgaria67]

Hi Tommy Tubby,

Can you explain the "write off" policy more fully? I've googled it, but no avail, it just throws up minutes of meeting relating to the previous years write offs. I understand what a write off is, just how can I apply it in my case and would it be a good idea to put a complaint in regarding this?

 

I think this is down to the particular council. If they don't have relevant proof of documents needed to enforce this liability, they might decide to write it off. But you would have to contest any liability for the tax and hold the council to strict proof. If it looks like you will be no pushover, then they might decide to write it off. So keep contesting until they provide the proof.

[tomtubby]

The following link is posted as an example only. It refers to Salford Council and it is a very interesting document indeed.

 

Of relevance is the information provided towards the end of Page 9 under the heading of: Statute Barred !!!!

 

Enjoy......

 

services.salford.gov.uk/solar_documents/css221208%204c.doc

 

PS: If you link does not work this should take you to a cached version:

 

http://webcache.googleusercontent.com/search?q=cache:RyznCjNFkLgJ:http://services.salford.gov.uk/solar_documents/css221208%25204c.doc%2Bservices.salford.gov.uk/solar_documents/css221208%25204c.doc&hl=en-GB&gbv=2&ct=clnk

Edited July 2, 2013 by tomtubby

[stu007]

tomtubby Is correct the council would have to have a 'Write Off Policy' now what you need to remember when you ask for a copy of that policy is you DO NOT want the present Policy you want a copy of the Policy that was in place at the time of this debt from 2009 as that was the policy the were enforcing at that time.

[tomtubby]

]tomtubby Is correct the council would have to have a 'Write Off Policy' now what you need to remember when you ask for a copy of that policy is you DO NOT want the present Policy you want a copy of the Policy that was in place at the time of this debt from 2009 as that was the policy the were enforcing at that time[/i].

 

 

Given that the debt is 11 years old he will need to request a copy of the "Write off Policy" that was in place 11 years ago ( 2002 I believe).

[fwog]

Given that the debt is 11 years old he will need to request a copy of the "Write off Policy" that was in place 11 years ago ( 2002 I believe).

 

Would they have a copy of that,I wonder?

[fwog]

Sent in an 'SAR to ascertain what the council have on my file and asked for further evidence of the summons and the liability order. I've also asked for it to be registered as a complaint as they have dealt with my several years ago and didn't mention this further debt.

So will sit tight and see what happens.

[tomtubby]

Please keep us all updated as this is an important subject given that many local authorities are dredging up old cases from years ago in an attempt to raise additional revenue.

[fwog]

Please keep us all updated as this is an important subject given that many local authorities are dredging up old cases from years ago in an attempt to raise additional revenue.

Will do TT.

Should have a reply this week. I hope it gets resolved amicably , considering the timescale and previous correspondance.

[fwog]

No news as of yet..............

[fwog]

Can they just ignore my request if they were 'chancing it'? I've had dealing with them before and they seem to adopt a high-handed attitude to arrears. So I wouldn't be surprised if they received the letter and just binned it.

Ity was send recorded.

[seanamarts]

It might be worth calling/emailing then and enquire if they have received and dealing with your request.

[fwog]

It might be worth calling/emailing then and enquire if they have received and dealing with your request.

 

Registered mail says 'yes'

[fwog]

Sorry. Misread the reply. I read the 'we have your item ...' but ,not the rest .

 

Which reads :

 

Item KF354200122GB was posted at ** ********** ** on 09/07/13 and is being progressed through our network for delivery.

 

Nearly two weeks ago.

[seanamarts]

I would chase that up and see why it has taken so long.

[ploddertom]

Roayal Mail Track & Trace cannot be relied on as it is only as good as the information that is input into it.

[fwog]

Im at a loss as to what to do. I can call, but surely a government department wouldnt reject a letter out of hand? I sent two sepparate letters, they both couldnt have gone AWOL?

[seanamarts]

I would give then a call and see if they have received it.

[fwog]

Been received. They've just sat on it. Seems it has to 'got to a line manager', buck passed basically. I asked for a time frame 'no idea' ,I also asked what would be the next course of action 'a letter will come in the post' .

 

The SAR is being dealt with, so thats something, the complaint was a little vague, firstly 'do you want a complaint form?' , 'No' ,I said 'I'd like you to register this as a complaint as it looks as though theres no debt to pay' .

 

So we will see how this plays out.

[ploddertom]

Regardless of what they say about the SAR there are no dispensations for them just because it's the Council. The legal requirement is to comply within 40 days - and the time starts from when they receive it.