Local Council Petitioning for Bankruptcy for Unpaid Council Tax

[Keep Smiling]

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.

[havinastella]

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

 

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

[ploddertom]

Of course they will probably deny this page exists on their website http://www.wirral.gov.uk/my-services/council-and-democracy/freedom-information-and-data-protection/data-protection-act

 

PT

[Keep Smiling]

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.

[Keep Smiling]

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).

[Leakie]

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 July 27, 2011 by Leakie

[Keep Smiling]

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 November 16, 2012 by Keep Smiling

[brassnecked]

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.

[ploddertom]

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.

[brassnecked]

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.