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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
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    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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We have a dispute with our local council over alleged unpaid council tax. We have asked for a comprehensive breakdown of where our council tax is money is being spent and the council have refused. Therefore, we have now witheld payment.

 

We have had two visits from Bristow & Sutor, who incidentally are registered with OFT as a debt collection agency. The second visit, yesterday was from someone claiming to be a court bailiff. We dont believe him to be a court bailiff and have checked on the Certified Bailiff Register, he is only registered to Worcester Combined Court.

 

Our belief is that Bristow & Sutor are employed by the council and not the court, therefor,e how do we stand lawfully with the Notice of Removal of Goods?

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Normally at the beginning of each financial year the Council will send you a pamphlet indicating how your money is sent, some Councils even have this info on their website. You have now found out that by withholding payment the Council will already have added the Court costs etc to your bill & this could be up to an extra £150. They are perfectly entitled to pass on your account for enforcement purposes and on this occasion have chosen the Bailiffs. A Certificated Bailiff may be registered at any County Court within England or Wales and if granted he is allowed to work within any area of England or Wales - in other words he does not have to be Certificated at your local County Court - he is then allowed to charge fees for any work he has lawfully done.

 

The Council may as a next step decide to take further steps to recover the monies owed and this could be a Committal Hearing whereby you will be summonsed to the Magistrates Court to explain why you have not paid. As you will be classed as a won't pay you could even face imprisonment. Other forms of enforcement could be, if you own your home, a charging order, an order for sale or even bankruptcy. All the costs involved with any of this will be added to what you owe and can run into £k's in some cases - I did hear of one where costs were £30k..

 

The Council only have to prove you are liable to pay and the arguments for non-payment are very narrow. To avoid any of the above I would suggest you commence payments and ask your Councillor(s) to intervene for any disagreements you may have with your Council.

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Our dispute is that the said "bailiff" claims to be working for the court, he doesn't as the summons has come from the council, not the court. Bristow and Sutor are employed by the council and not the court.

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Our belief is that Bristow & Sutor are employed by the council and not the court, therefor,e how do we stand lawfully with the Notice of Removal of Goods?

 

deny bailiffs entry and prevent a levy if you have a car move it away to prevent a levy on it

 

there is no right of entry for a bailiff so keep them out that way there will be no removal of goods

 

make payments direct to the council

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Oh really? Councils are issuing their own summons unlawfully, only a court or the police can issue a summons. They have admitted to us in writing they are issuing them themselves through a bulk centre without a court hearing. This is unlawful under common law.

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Oh really? Councils are issuing their own summons unlawfully, only a court or the police can issue a summons. They have admitted to us in writing they are issuing them themselves through a bulk centre without a court hearing. This is unlawful under common law.

 

Councils apply to the Magistrates Courts for a liability order for non payment of Council Tax and yes, they apply for these in bulk but not through the bulk center, they prepare the orders in advance and put forward their reasons before the Magistrates as to why they have made the application ...if the named person on the order does not attend the hearing or have not opposed in writing the Court will grant the order.... once granted that permits the Council to enforce on the order by levying distress using bailiffs. Bristow and Sutor are the bailiffs appointed by the Council to act upon the Court stamped liability order...therefore they are acting on Court business.

 

You came here for advice....people respected for giving sound advice have replied to you... see post #2. Common Law is a very complex subject and frequently found to have been revoked, even more frequently advice appertaining to it has been shown to be incorrect. If you do not like what you have been told and are intent of following bad advice then I suggest you prepare yourself for the next stages of due process, an application to a warrant of arrest, a committal hearing and possible imprisonment.

 

Good Luck

 

WD

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Basically if you choose the "Freeman" route to not pay, you had better be sure and have absolute confidence of the validity of your common law arguments, present them and convince a system that is as bent as the Evil Empire in Star Wars. You could end up in the "Dock" Maritime Law you will claim, Name XXXXX in capitals a "legal fiction" a "Straw Man" you have summonsed a piece of paper is the argument. that will cut no ice with those instruments of the Empire, they will seize the Human Being and cart them off to pokey, whatever they say for not paying their bill of legal Extortion.

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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!

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You are a non payer and not a can't payer and can be sent to prison, deservedly so.

 

You get a breakdown of where the tax is spent each year.

 

 

I don't think it appropriate to pass judgement this way. I would have thought the success of a site like this would depend on how many registering members it can attract wishing to seek advice. Besides this, there are a lot of valid issues people have regarding the way councils conduct their business 'mafia style'. Whether or not anyone agrees with those wishing to protest about these issues, I don't feel they should be judged for it on an advice site like this.

 

It seems to me that the main issue here, as far as advice is concerned, surrounds the bailiff calling himself a court bailiff. The background as to why the bailiff is involved is not one for judgement in my opinion. Is it that members of this site now fancy themselves as jury, judge and executioner?

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I don't think it appropriate to pass judgement this way. I would have thought the success of a site like this would depend on how many registering members it can attract wishing to seek advice. Besides this, there are a lot of valid issues people have regarding the way councils conduct their business 'mafia style'. Whether or not anyone agrees with those wishing to protest about these issues, I don't feel they should be judged for it on an advice site like this.

 

It seems to me that the main issue here, as far as advice is concerned, surrounds the bailiff calling himself a court bailiff. The background as to why the bailiff is involved is not one for judgement in my opinion. Is it that members of this site now fancy themselves as jury, judge and executioner?

 

Have to agree outlawla, we must be non judgmental, but point out any pitfalls that may lie in a chosen course of action. Bailiff crime is endemic, but there is no collective will amongst the "Vested Interests" to sort it anytime soon. How loading extra fees and debt onto a can't pay is going to make them pay the increased debt is beyond me.

Edited by brassnecked

We could do with some help from you.

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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!

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Thanks to all that have offered impartial advice. You are right brassnecked, the bailiff in question was operating underhandedly, we are taking this further, not to mention the corruption being uncovered in councils, it is nothing more than mass deception, but I wont go into details it is for another site. We are not alone in seeing this, millions of taxpayers are waking up to this "fraud". Anyway my opinion is not relevant here, but thanks for your help it is much appreciated.

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Poppy your opinion is relevant, after all it is partly that that has got you to the position you are now in-through your own convictions. I and many others on this site have

read of the Common law argument put forward and would say just this.

That when you appear in front of a Judge he makes the decision based on the remedies he has at his disposal relating to the non payment of Council Tax. You may be lucky

and have a Judge who is sympathetic to your arguments but at the same time he is there to administer the law to which all Council tax payers are subject to.

 

I wish you luck, though I think it would be better if you found a stronger reason for not paying than the Council won't be more specific on the breakdown of where your

Council tax goes.

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I made my comment on

we have now witheld payment
and nothing else. Anyone who wilfully and deliberately withholds tax deserves the full weight of the law brought down on them.

As for passing judgement, the op has passed his own judgement on himself.

 

This is another thread by the David Icke club who has been conned into believing rubbish. As for the "but I wont go into details ", those before you who have tried brainwashing others have said exactly the same, because there is no detail to go into.

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Conniff was right in that if someone wilfully witholds payment they are in danger of the council going for committal, but one can pay under protest, and that is what I suggest is done, the last thing wanted is a large bill growing and giving a scrote bailiffs beer tokens to water the wall with

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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!

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.....Anyone who wilfully and deliberately withholds tax deserves the full weight of the law brought down on them.

As for passing judgement, the op has passed his own judgement on himself.

 

This is another thread by the David Icke club who has been conned into believing rubbish. As for the "but I wont go into details ", those before you who have tried brainwashing others have said exactly the same, because there is no detail to go into.

 

 

There's something about others not seeing things the way you do isn't there. You like a bit of control it seems

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There's something about others not seeing things the way you do isn't there. You like a bit of control it seems

 

No, just those who say you don't have to do this or that and they haven't done this or paid that but never show any proof of such.

Here is another quote from one of them who claims rubbish and when asked for confirmation:

 

I could post letters etc but honestly can't be bothered.
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  • dx100uk changed the title to Bristow & Sutor Bailiffs CTAX debt
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