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Council Tax - Liability Order - Warrant of Commitment - URGENT


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I will try to keep this brief:

 

We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh.

 

Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council.

 

Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously.

 

It's been to and fro since then, with them acting like they are above the law.

 

They haven't sent any bills marked Reminder of Final Notice to our address (or any address).

 

They haven't sent any letters before action to our address.

 

They haven't sent any letters giving us a date for the hearings.

 

They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'.

 

They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address.

 

They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed.

 

I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!!

 

It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics.

 

I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this.

 

Any thoughts on this?

 

How do I go about getting a magistrate to set aside liability orders?

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When you moved did you advise the Council of your new address and do you have proof of this? If not then it is quite sufficient for the Council to send any documentation to your last know address. How much are they claiming and what period of time does it cover?

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Don't forget those that are imprisoned for this are those that wilfully refuse to pay. Even a £1 per month shows willingness to pay although it should be nearer to £5 per week. Would an I&E stand up to examination - don't forget any Credit cards or Store cards should be be paid at the bare minimum & if you have Sky be wary of the package you are own as Films & Sport will be seen as excessive.

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