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What is the appearance of the liability order? For example, does it take the form of an individual order with the court's stamp, or a print-out from one of several hundred pages of the bulk application which makes up the council's computer evidence?

 

The appellant's notice requires "a sealed copy (stamped by the court) of the order being appealed". This was requested over a week ago. Not only has the court not supplied it, it hasn't even bothered to say whether it will. The approach to ignore correspondence has been a recurring pattern since February and been the cause of a claim for Judicial Review proceedings for a mandatory order. Not a very good service for the taxpayer I'd say.

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I have written extensively about this subject before and I will try to find a copy.

 

Firstly, in court the legal advisor records the number of Liability Orders made, withdrawn, dismissed or adjourned and after this information will appear in the Libra register held by the LA.

 

The local authority generate the Liability Orders and NOT the court.

 

The Liability Orders may be rubber stamped or even pre printed with the Justice's Clerks signature. It is important to be aware that there is NO REQUIREMENT for a wet ink signature to appear on a Liability Order. This particular point is covered by statutory regulations.

 

The Magistrates Court charge the local authority £3 for each Liability Order granted and this charge together with the additional charges (summons costs etc) will be included in the overall figure on the Liability Order.

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What is the appearance of the liability order? For example, does it take the form of an individual order with the court's stamp, or a print-out from one of several hundred pages of the bulk application which makes up the council's computer evidence?

 

The appellant's notice requires "a sealed copy (stamped by the court) of the order being appealed". This was requested over a week ago. Not only has the court not supplied it, it hasn't even bothered to say whether it will. The approach to ignore correspondence has been a recurring pattern since February and been the cause of a claim for Judicial Review proceedings for a mandatory order. Not a very good service for the taxpayer I'd say.

 

I have an update. After receiving another statement from Hounslow council this morning that didn't make any sense, I phoned them again. They have now received my email requesting proof of their allegations and formally disputing the outstanding balance. Regarding the statement that I received in the post this morning I was told that they had calculated the amount owing by the band charges that were changed in 2003. The property I was renting in 1994-95 was band C however in 2003 it was re-banded to a D and they had back dated the shortfall between C and D over eight years after and that was they were chasing me for. But then how were they able to get a liability order dated 1997... Apparently I left that property with a debt £33 (but unable to give details about how that figure was calculated or what it was for. They had no forwarding address and so sent demands to the last known address which is their policy. They told me that until august this year the company that they use to track people down had been unable to find me, which I find absurd. But of course with the band D charges back dated the current bill was close to £800. How on earth are they able to do this? Anyway this poor telephone adviser did her best to answer my queries and eventually went and spoke with a revenues officer. She came back and told me that Hounslow council will not be pursuing the matter further. Sounds like I had a break but I have not received it in writing yet.

 

Excellent outcome and pleasing to see that this matter was resolved so quickly.

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Unfortunately, a Liability Order ( and indeed a Distress Warrant for an unpaid court fine) are NOT covered by the Statutes of Limitations Act.

 

Interestingly, although this is the legal position I have come across many cases recently where the council have seen sense and cancelled very old debts when provided with a leading case ( on a different subject) from the VTE which dealt extensively on the 6 year rule.

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Unfortunately, a Liability Order ( and indeed a Distress Warrant for an unpaid court fine) are NOT covered by the Statutes of Limitations Act.

 

Interestingly, although this is the legal position I have come across many cases recently where the council have seen sense and cancelled very old debts when provided with a leading case ( on a different subject matter ) from the VTE which dealt extensively on the 6 year rule.

 

The VTE case is also now used by the Ombudsman and I will post more on this next week.

 

For clarification, a Liability Order over 6 years old s NOT statute barred but most councils will consider cancelling ( and in the cases that I have dealt with) always do so once channelled by the VT case.

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