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When a council tax summons is issue, I have heard that the liability order has already been given and that all the court does is act to rubber stamp it. Is this true or have I misunderstood the situation..

Edited by Consumer dude

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When a council tax summons is issue, I have heard that the liability order has already been given and that all the court does is act to rubber stamp it. Is this true or have I misunderstood the situation..

 

 

 

 

Bump..

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No idea, might these be of help? Community Legal Advice, Debt, money, and tax - click here


That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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When a council tax summons is issue, I have heard that the liability order has already been given and that all the court does is act to rubber stamp it. Is this true or have I misunderstood the situation.

 

The Liability Order is issued by the court in response to the person being summonsed to court.

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This is some tripe that is being spread around at present.

 

Needless to say - You are incorrect Consumer Dude...


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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The Liability Order is issued by the court in response to the person being summonsed to court.

 

 

 

 

 

 

 

Being summonsed to court for something you can not defend ?

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This is some tripe that is being spread around at present.

 

Needless to say - You are incorrect Consumer Dude...

 

 

 

 

 

 

Thanks for your reply. Am I incorrect as a matter of fact or was that your personal opinion ?

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When presented with the application by the Council the only consideration the Magistrates have to consider is if you owe it or not. Whether or not you can afford it doesn't come into the equation. As the council may present 50 cases at a time is why they are dealt in mass. The reasons for not owing the Council are very narrow and even applications for Benefit mean you have to pay first and get reimbursed later.

 

PT


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Thanks for your reply. Am I incorrect as a matter of fact or was that your personal opinion ?

 

A matter of fact.


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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The reason I'm led to believe it is just a rubber stamp exercise is the individual is summonsed to court but appears can't defend it.

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When presented with the application by the Council the only consideration the Magistrates have to consider is if you owe it or not. Whether or not you can afford it doesn't come into the equation. As the council may present 50 cases at a time is why they are dealt in mass. The reasons for not owing the Council are very narrow and even applications for Benefit mean you have to pay first and get reimbursed later.

 

PT

 

 

 

 

 

 

On a previous thread on this forum, it is even said that you won't even get to see a judge, adding to my belief that it's already been decided..

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The hearing is about who is liable for the Council Tax on that property. If according to the Council Tax liability hierarchy if you are the person liable then you will be found liable. There is no defence that you can submit as if you are liable then you are liable.

 

 

The hierarchy of liability is:

  1. a resident owner-occupier who owns either the leasehold or freehold of all or part of the property
  2. a resident tenant
  3. a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
  4. any resident living in the property, for example, a squatter
  5. an owner of the property where no one is resident.

So the judge asks if you live in the property (owning, renting, etc) or own it as a rental that is currently vacant and your answer is yes then the decision is you are liable.

 

People sometimes go to Court thinking they can argue that they can't afford the payment amounts, etc and that the order might not be given. However, none of that matters only whether you are the person liable to pay.

 

This is why it's said there is no defence because the only way to defend is to prove you are not liable i.e. don't own or live in the property (very few if any people can do this). So it's not actually decided before the hearing but is usually a pretty clear cut case.

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On a previous thread on this forum, it is even said that you won't even get to see a judge, adding to my belief that it's already been decided..

 

It is exactly as Aviva says. You will always get to see the judge if you turn up and wish to see him, but you will have to show that you are 'not' liable for the tax if you wan't it to go in your favour.

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