Jump to content


  • Tweets

  • Posts

    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Local Council Petitioning for Bankruptcy for Unpaid Council Tax


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4180 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Latest "News" as Wirral Borough Council Continue to Evade Responsibility.

 

The case has been adjourned until 27th July.

 

I have tried three times to make a SAR, but no one will accept it, the One Stop Shops insist that it should be an FOI request, the main office doesn't know what it is and the SEO's secretary has never heard of it.

 

I have tried to arrange an appointment with the SEO (Mr Wilkie), I was told that someone would call me back to arrange it (they didn't), after much persistence I have now been told that he will not be seeing me as he has been advised by their solicitors not to.

 

My tenant has been to see a solicitor and he has also been in touch with the council, they have claimed never to have heard of him before and that they have had no information from him, when receipts were produced (stamped and dated from WBC) showing that this is completely false and that they have had tenancy agreements from him for years before they said that they would need them again. I'm interested as to how they could make a sworn statement in court to obtain the liability order when they have on file information that there someone else is responsible for it.

 

He has applied for his 25% sole occupier discount, Mrs Chan says he can't have it as he can't prove he lives there.

I have asked if I can have the 25% sole occupier discount, Mrs Chan says I can't as I have told them I don't live there (despite this they have made a statement to the court saying that I do)

I have asked if no-one is there can I therefore have the 25% empty property discount, Mrs Chan says I can't as I have told them i have a tenant there.

 

The solicitors have still failed to provide me with the affidavit from the process server, although I have managed to get CCTV for the days he claimed to have been there, he wasn't, and it's police monitored CCTV so is sufficient to be used as evidence in court.

 

With regard to the other person who joined this forum with an almost identical problem, when I (almost managed to) make a complaint against Mrs Chan i was told that she was a "well respected.." and "highly regarded.." member of staff and that no one had ever made a complaint against her before, well this person did, and for the same thing, so it appears that lying to the public is endemic within WBC hierarchy.

Link to post
Share on other sites

  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I've just read this whole thread and quite frankly I'm numb! :jaw:

 

I have nothing to add that will help you except my best wishes. I was going to say that I could not believe any Gov body could act like this but I suppose the events of the last few weeks (even months with MP's expenses and Bankers) prove that they do.

 

You have the will power of a Saint, as I would have probably walked into their Offices long before now and killed everyone of them.

 

You really need to bring this to the Attention of the press or even look to get Max Clifford or someone of his ilk onto this ASAP.

 

Once again, all my best to you.

 

JOgs

Link to post
Share on other sites

Well I gave the Administrative Court in Manchester a call yesterday to ask about getting the Liability Orders overturned.

 

I wont go into full details here (yet) but the information they gave me was "informative", and I think that the next week or two might make WBC want to take a fresh look at these matters.

Link to post
Share on other sites

The story continues:

 

Thank you for the link to WBC's FOI site, I've made a couple of requests to them and we'll see if they reply.

 

On Monday I went over the Administrative Court in Manchester to file for a Judicial Review on the original liability orders. I explained that I realised that I was out of time but used section 7 to show that I didn't know they existed until several weeks ago.

 

I additionally asked for a review under the Human Rights act in that I am entitled to a fair trial, and as I didn't know about these proceedings i couldn't attend and therefore didn't get one and also that I considered this to be a vexatious case as the council already had someone who told them that they were responsible, had proved it beyond all reasonable doubt and still they were persecuting me.

 

"Unfortunately" the rules are slightly different than I remember, they needed FIVE copies of all the paperwork which must be tabulated with each in a ring-binder folder.... and to get the case adjourned I would need to file an application. Not enough time on Monday so got it all done Tuesday (application to adjourn denied as Manchester Court said it was up to Birkenhead to do that pending the Judicial review). Served the paperwork on Wallasey Town Hall (they have there own legal department there full time, but use other solicitors to handle cases, staggering).

 

I attended Birkenhead County Court this morning where I met with their "representative" (a self-employed para-legal type), he said that WBC had forwarded to them a copy of my application for JR, which included bills from my tenant dating back to 2002 (up to present day), a copy of his polling card, at that address, a receipt from WBC showing that they already had copies of all this back in 2009 (BEFORE they swore in court that I was responsible and had the liability orders granted), and a affidavit from my tenant saying that he accepted responsibility he wanted to pay but WBC wouldn't let him and wouldn't give him the 25% single person discount. Their reply: Well this doesn't prove anything (oh really) and we're going to oppose any adjournment today as your JR will fail (I though that was up to the Judge to decide, I sense a God complex) as you're out of time (I'd explained that and it had been allowed) and you've not followed correct procedure. So let me get this right, you're taking me to court for money I don't owe, you know who does and you wont let him pay it but as you got the paperwork right that's okay.

 

I had a feeling that this was going to happen, having dealt with WBC before. I'd tried to pay WBC the money during this adjournment, but no one would accept it, luckily my tenant had an old bill addressed to me and a PayPoint nearby, so I sent him the money yesterday and he paid it this morning (must have give the poor newsagent heart attack handing £4k over) and emailed the receipt to me.

 

I handed it to their representative just as we entered the court (they've done it to me with files before, the process server has filed an additional statement, I've only got it because I found out about it) and it was "interesting" to see a face change colour like that, cue some VERY hurried footsteps and flurry of phonecalls.

 

They then asked for a seven day adjournment as the funds wouldn't be with them yet, I said that I wouldn't be here in seven days and wanted 28 to allow time for the JR to be heard, strangely they didn't want that they wanted it in seven so they could get their costs, the Judge was having none of it and said that as the debt was paid there weren't really any time constraints so 28days was fine (he seemed okay, I wonder if I would have got that adjournment).

Link to post
Share on other sites

Hi Keep smiling

 

I am absolutly gob smack after reading this thread,

I think you summed it up when you said that you were too laid back.

 

Once you get this sorted I hope that you take the council to the cleaners,

may be then other councils will take note, and not think that no one will challange them,

My council have a similar attitude, thay are right all the time.

The councilors seem blinkered.

I hope it all works out ok.

But please please make sure everybody knows what has happened too you as I can see this happening more and more

 

My wife is a foreign national, her mother was seriously ill possibly could die.

so she went back to take care of her, after 3months away I wrote to the council asking for a discount on the council tax as it looked like she would not be back for another 6months,

the reply was a refuseal as they concidered it an extended Holiday.

 

all they worry about is the money, they are never wrong

atleast you have challange them,

more people need to do the same, Then may be the message will get through you work for us.

 

any way rant over

all I can do is wish you all the luck in the world and keep my fingers crossed that you win through.

and hope that those responceable lose there jobs and may be more, because that is the least they deserve, they become power crazy and need to be put in there place.

 

all the best

 

Leakie

Edited by Leakie
Link to post
Share on other sites

  • 1 year later...

Once again, thank you for all the help and suggestions, sorry it's taken so long to reply on this but I've been very ill.

 

Still waiting on the SAR request, well it's only been a year, and I've only reminded them about half a dozen times.

 

I've come back though because of a (I think) HUGE find this week, but I'll come to that later.

 

 

The bankruptcy (the 2nd one) was refused by the judge as all the outstanding amounts had been paid, I was ordered to pay WBC's costs (not all as I argued the short service defence and he agreed) but still an extra £800 on top of the 4k already paid.

 

 

They "still" won't put the Council Tax in my tenants name, and won't give the 25% discount on it, same excuses as always, so for now just living with it.

 

 

As you may have read in the news a large number of senior WBC staff (most of the people I've mentioned before) have "left" due to various allegations and payments they may have received involving contracts, I believe this is why the local paper didn't run this story when I contacted them as they may have known something was already in the pipeline.

 

 

This week I received an interesting email from the tenant of the property I was actually made bankrupt for, the first property, the one I don't own or live at but the Council swore I was responsible for, that they had liability orders, in my name for and that they'd never heard of the person who lived there (despite him supplying an affidavit that they did and that they'd visited the property when he was there).

 

 

Well (you're going to like this), this week the property was having some work done (new kitchen before Christmas) and when one of the cupboards were pulled out they found some letters that had fell down the back. Some of these letters are from Wirral Borough Council, and they include the bill for Council Tax (for the period they say I was responsible for it) and the Summons to attend Court as they are applying for a liability order (the one they told the Judge they had in my name and the basis on which the bankruptcy was made which cost me almost £40k in their fees alone).

 

 

Two things:

 

 

 

 

1. THEY ARE NOT ADDRESSED TO ME, THEY'RE NOT IN MY NAME

 

2. They ARE in the name of the person they claimed/swore on oath, never to have heard of.

 

Yes, it would appear that WBC has REALLY shot themselves in the foot.

 

 

This means that not only did they know that person, they knew he was there, it was HIM they made the application for in Court and then they just fiddled the paperwork when they found someone else they wanted to pay it and lied to the County Court over and over again.

 

 

I'm not sure if I should march in with this, phone the new CEO and explain politely that I want my money back, or go to the Police with the letters from K. Chan saying that such person does not exist and they have no records about him and bring criminal charges, right now I can't get the smile off my face, because this then calls into question the second bankruptcy application and all of it's costs as well.

 

I need to calm down and decide what to do next, this has been the last six years of my life they have messed about with, a little while longer won't hurt a bit. Be nice if they read this though and it gave them a few night sweats.

 

Suggestion appreciated.

Edited by Keep Smiling
Link to post
Share on other sites

Make copies and send them to the court, and your MP, and the police with a statement as to the perjury committed by the council officers, take independent legal advice, as you will likely have a claim against WBC for the return of any monies plus your expenses.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

As for your SAR - are you sure they received it, did they cash the payment. You may force the issue by complaining to ICO or submit a Letter Before Action and file an action in the Small Claims Court.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

This could fall under malicious prosecution, where the council officer lied, knowing full well that Op is not the debtor, so the LO and bankruptcy petition is fatally flawed, hope oldbill looks in on this one, but perverting the course of justice in a criminal and malicious manner, as in pursuing through the courts a third party for a debt they have no connection with. Letter to council and copied to CEO, Leader, councillor and your MP giving the council 7 days before you commence action in the County Court, As the sums of money involved are in the tens of thousands, due to Keep Smiling's legal costs of fighting the wrongful, and criminal action, it is likely beyond the remit of the small claims court.

 

The police should be goaded into investigating these council bigwigs, who relentlessly fronted the lie and perjured themselves, even if they no longer work for the council.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...