Legal obligation to supply information

[Consumer dude]

Local authority has requested that I supply information to them and have stated that it is a criminal offence not to give this information. Is this true ? and if so what law might they be using ? Many thanks for any advice..

[dpick]

Hi the experts will be along but I would imagine that they would require more info as to what this is for. IE parking, vandalism council tax housing etc. They have a very wide range of authority.

 

dpick

[Consumer dude]

Hi the experts will be along but I would imagine that they would require more info as to what this is for. IE parking, vandalism council tax housing etc. They have a very wide range of authority.

 

dpick

 

I have a dispute with council tax and they claim that they have a liability order, however I have not been sent a copy by any court. I phoned the court up and they did not have a liability order to give me. Its all very strange..

Edited January 27, 2013 by Consumer dude

[Guest]

c'tax liability orders are dealt with by the magistrates court, and there would have been a court summons prior.

some info www.adviceguide.org.uk/england/d_council_tax_arrears.pdf

[Consumer dude]

c'tax liability orders are dealt with by the magistrates court, and there would have been a court summons prior.

some info www.adviceguide.org.uk/england/d_council_tax_arrears.pdf

 

I have asked the court for a copy of the liability order however they said I should contact the council which is what I have done. I was also told that the court is not involved as the council rent out the court room. What does this mean ?

[Guest]

did you get a summons at some point? any hearing is dealt with by magistrate

yes, would think the council should have to give you any appropriate info they have re any order

[Consumer dude]

did you get a summons at some point?

yes, would think the council should have to give you any appropriate info they have re any order

 

I am not aware of a summons. I received a letter from the council that they have a liability order but no copy of one. Am I able to set aside the liability order assuming that there is one..

[Guest]

afaik, council should send proper formal notification of an liability order, headed as such, following a hearing. and there should have been a summons prior, plus the usual reminders/final notice etc prior to that.

yes, i think orders can be challenged/revoked/reopened eg if in error, no summons served, improper procedure, etc

maybe best get your thread moved to a more appropriate sub forum for further input?

Edited January 28, 2013 by Ford

[Consumer dude]

afaik, council should send proper formal notification of an liability order following a hearing. and there should have been a summons prior, plus the usual reminders/final notice etc prior to that.

yes, i think they can be challenged/revoked/reopened eg if in error, no summons served, improper procedure, etc

maybe best get your thread moved to appropriate sub forum for further input?

 

Thank you for your advice. Could this thread be moved by some one to the appropriate forum..

[cerberusalert]

Moved to the Local Authority, Council Tax and Business Rates Issues forum.

[id6052]

The Council Tax (Administration and Enforcement) Regulations 1992

 

Duties of debtors subject to liability order

 

36.—(1) Where a liability order has been made, the debtor against whom it was made shall, during such time as the amount in respect of which the order was made remains wholly or partly unpaid, be under a duty to supply relevant information to the billing authority on whose application it was made.

 

(2) For the purposes of paragraph (1), relevant information is such information as fulfils the following conditions—

(a)it is in the debtor’s possession or control;

(b)the billing authority requests him by notice given in writing to supply it; and

©it falls within paragraph (3).

 

(3) Information falls within this paragraph if it is specifed in the notice mentioned in paragraph (2)(b) and it falls within one or more of the following descriptions—

(a)information as to the name and address of an employer of the debtor;

(b)information as to earnings or expected earnings of the debtor;

©information as to deductions and expected deductions from such earnings in respect of the matters referred to in paragraphs (a) to © of the definition of “net earnings” in regulation 32 or attachment of earnings orders made under this Part, the Attachment of Earnings Act 1971(1) or the Child Support Act 1991(2);

(d)information as to the debtor’s work or identity number in an employment, or such other information as will enable an employer of the debtor to identify him;

(e)information as to sources of income of the debtor other than an employer of his;

(f)information as to whether another person is jointly and severally liable with the debtor for the whole or any part of the amount in respect of which the order was made.

 

(4) Information is to be supplied within 14 days of the day on which the request is made.

[stu007]

Hi

 

My advice would be to make a Formal Complaint to the Chief Executives Office of the Local Authority (dont write to council tax dept) as this way its then taken out of council tax office hands and dept with by CEO Complaints Section and you can also request any documentation you require of proof of this Liability Order and that they followed correct procedure.

[Guest]

consumer

whatever decide to do, would think need to act fairly quickly before they start any enforcement action if they have/believe they have an LO.

Edited January 28, 2013 by Ford

[citizenB]

What information is the LA demanding of you ?

[ss002d6252]

Following the granting of a liability order the council are not required to send you any notice that it has been granted.

 

What they do need to do is serve notice based on any action they take - 14 days notice before bailiff action, notice of an attachment of benefit/earnings etc.

 

In order to decide what action they can take they can serve a notice under regulation 36 (as posted above), its usually termed a 'request for information form'. Your not required to provide anything under regulation 36 that is not listed in the regulation or supply it if you haven't received notice. If you have been served with the notice in writing then you are required to provide the legally required information

[ss002d6252]

I was also told that the court is not involved as the council rent out the court room. What does this mean ?

 

They don't rent the court as such but the court charge the council a fee for each liability order applied for under the magistrates court fees schedule.

[Guest]

consumer

some info re set aside LO, found surfing the www

http://z2k.org/2013/01/liability-order-for-five-year-old-council-tax-bill-cancelled-by-magistrates-court/

http://www.greenhalghkerr.com/articles-news-views/qa-setting-aside-liability-orders/

Edited January 30, 2013 by Ford

[Consumer dude]

What information is the LA demanding of you ?

 

Information request sheet demanding personal details, income details etc. It also stated that failure to supply this information is a criminal offence and could lead to a fine of £1,000,00. It also states that the form must be completed and returned within 14 days to(local authority address)..

[citizenB]

Information request sheet demanding personal details, income details etc. It also stated that failure to supply this information is a criminal offence and could lead to a fine of £1,000,00. It also states that the form must be completed and returned within 14 days to(local authority address)..

 

 

Well it looks as though you are indeed obliged to supply this information according the information posted for you in # 11

[Consumer dude]

Well it looks as though you are indeed obliged to supply this information according the information posted for you in # 11

 

Should it not state what legislation is being used. In any case, where is the summons ?

[Northernpug]

Legislation being used is The Council Tax (Administration and Enforcement) Regulations 1992 http://www.legislation.gov.uk/uksi/1992/613/contents/made .

 

Summons should have been issued before the hearing.

[Consumer dude]

Letter of complaint going out tomorrow..

[Consumer dude]

I have just received a letter which states that it is a summons. It is on headed local authority paper with no date and asking me to appear before the magistrates sitting on a date that has already passed. I am now working on a time machine..

[Consumer dude]

Found the date at the foot of the letter. The letter also refers me to the important information overleaf as this may avoid the need to attend the court (on the day that has already passed.) On turning the page over it was blank. What do I do now?

Edited February 5, 2013 by Consumer dude

[outlawla]

Have a look at this document. Check your authority against column 58 and 59 – an indication whether your council prosecutes for not supplying information.

 

Note: Some councils have not supplied this information.

 

• Criminal prosecutions pursued for non-return of requests of earnings information (column 58)
  
• Penalties relating to non-provision of information (column 59)
  

I would assume councils that do not prosecute, see this as an opportunity to justify sending in the bailiffs and saving on administration, as the bailiffs come at no cost to the council. At least it appears this way on their accounts.