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My Council (North East Lincolnshire) obtained a liability order on 30 October 2015 to enforce whatever sum it considered was outstanding at the time of the court hearing.

 

In a letter received 13 November 2015 the council proposed the following payment arrangement which included an amount which I dispute (£120) and am not willing to pay:

 

Dear Sir/Madam

 

Special Payment Arrangement – Debt under Enforcement

Account Number 550xzzzxyz

 

First payment, 01-Dec-2015 – £100.66

Second payment, 01-Jan-2016 – £100.67

Third payment, 01-Feb-2016 – £100.67

 

Payment frequency is :- Monthly

 

If you do not make the first payment before the date shown above, this arrangement will be cancelled without further contact and recovery action will be taken against you. The Council may proceed to recover the debt by [attachment] of earnings, deduction from your benefit via the DWP, or your account may be passed to an Enforcement Agent (bailiff) which could mean you could incur additional fees and the possibility of your belongings being removed for sale at auction.

 

If you are experiencing financial difficulties and are unable to commit to the above arrangement then you must complete the enclosed income and expenditure questionnaire making sure all areas are completed, with an offer of payment. The Council will in due course confirm if your offer to clear the amount is acceptable.

 

Debt Management Section

 

 

The following was sent to the council on 10 November and although the council aims to respond in 10 working days there has not yet been a reply.

 

From: me

To: counciltax@nelincs.gov.uk

Sent: Tuesday, November 10, 2015

Subject: Appropriation of Payments

 

Dear Sir/Madam

 

Re: Council Tax Account – 550xzzzxyz

 

I have two instalments remaining of £91.00 (£182.00 in total) in respect of my 2015/16 council tax liability.

 

It is noted from viewing NELC's website that my account shows a total sum of £302.00.

 

£120.00 therefore does not relate to my current year's council tax liability. £60.00 of that sum relates to summons costs from November 2012 which are suspended pending a high court appeal; the remaining £60.00 relates to a sum which NELC obtained in an attached claim of costs in a claim of costs in a fraudulent application for liability order

 

I am writing to make it categorically clear that any payment I make on my account (whether [or not] that sum matches an instalment amount) my express election is for that payment to be allocated to the current year's liability. This applies also to future year's, unless there are express instructions (in writing) to the contrary.

 

Also for the avoidance of doubt, should NELC decide upon instructing its bailiff contractor to attempt collecting any of the fraudulently obtained summons costs, NELC does not have my permission to allocate any element of payment I make on my account in respect of sums accruing in fees and charges.

 

I require acknowledgement that NELC fully understands these instructions.

 

Yours sincerely

 

 

I have not agreed to the council's rescheduled instalment plan (01-Dec-2015 – £100.66) and continued making payments as per usual. It looks as though they'll be sending the bailiffs round as I have no income to which they can attach deductions.

 

However, I have had no further communications from the council regarding this and wonder if they see the futility in appointing bailiffs when they know they have no possibility of obtaining the disputed outstanding sum.

Edited by citizenB
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cor is it that time of the year again...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Outlawla,I would resend the letter you sent back in November to the CEO explaining that as you are in dispute with them over the amount they cannot take you to Court nor use bailiffs until the matter is resolved. Nor can they continue to ignore your dispute. Copy your answer to the LGO. The Council should then come back and either accept your claim or reject it with their reasons. If the latter

appeal to the LGO.

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Thanks for your reply.

 

Outlawla,I would resend the letter you sent back in November to the CEO explaining that as you are in dispute with them over the amount they cannot take you to Court nor use bailiffs until the matter is resolved....

 

 

I'll put a formal complaint in, but include also why the council tax department haven't replied to a simple email in over a month. How can a local authority operate when they obviously have no admin staff?

 

 

...Copy your answer to the LGO. The Council should then come back and either accept your claim or reject it with their reasons. If the latter

appeal to the LGO.

 

 

A complaint for the Local Government Ombudsman is being prepared, with it recommended that with the Parliamentary Ombudsman jointly investigates the MoJ's failings under powers granted by 2007 Regulatory Reform legislation.

 

The papers will be with the LGO once all supporting documents have been finalised and complaint updated to reflect the latest maladministration. The complaint (LGO Complaint) is currently in draft form.

Edited by citizenB
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My Council (North East Lincolnshire) obtained a liability order on 30 October 2015 to enforce whatever sum it considered was outstanding at the time of the court hearing.

 

However, I have had no further communications from the council regarding this and wonder if they see the futility in appointing bailiffs when they know they have no possibility of obtaining the disputed outstanding sum.

 

Outlawla,

 

I think that you are not being altogether honest about not having any further communication from North East Lincolnshire Council. You only have to read their response to yet another one of your freedom of information requests to see that they said the following:

 

Based on the wording of information request 0518_1516, we determine that this request is vexatious in nature, intended solely to make unfounded allegations, with no real intention to obtain information from North East Lincolnshire Council.

 

You have recently had yet another Liability Order issued against you. You attended the hearing and the Judge (District Judge Curtis) remarked that:

 

"he had listened for half-an-hour to a political diatribe, only 5 minutes of which made sense"

 

The order was granted and following this you took to another forum and publicly stated that the Judge is:

 

"and unashamed fraud" and as " corrupt as all the other parasites to whom the government pay taxpayers' money for the purposes of oppressing"

.

 

You also allege that North East Lincolnshire "produced a false witness statement" and that accordingly, they have "committing perjury" in relation to the Liability Order hearing at Grimsby Magistrates Court.

 

Following the hearing you posted on the same forum that you have recently made complaints about District Judge Curtis to Humberside Police and the Judicial Conduct Investigations Office. Both bodies have now rejected your complaints and from your above post it would now seen that you are intending to get the Local Government Ombudsman to waste a considerable amount of time and money on yet another complaint.

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I have been posting on here for a very long time and I pride myself on providing accurate information. It was with this is mind that I took the time to look back at your initial posts (from 2010) on this forum (and indeed on Legal seagulls). So, lets go back five years:

 

It would seem that before posting you had not paid council tax and a bailiff from Rossendales visited your property. As was very common at that time, the bailiff levied upon a ‘random’ motor vehicle which you say was not yours. Rossendales charged you for two visits (£18 and £24.50) followed by a levy fee of £20 and an ‘attending to levy’ fee of £100.

 

You made four stages of formal complaint to the council.

 

You complained to the LGO. Your complained was rejected. You appealed the rejection. That was rejected.

 

You complained further to the to Police Complaints Commission. again, rejected.

 

Next, you made a Form 4 Complaint about the Rossendales bailiff. The judge did not find fault against him. You considered that there had been a ‘cover up’ and that the Judge was 'corrupt'.

 

You refused to pay the bailiff company and instead, would only pay the council. North East Lincolnshire Council sent you an email which stated as follows:

 

You admit that you ignored letters prior to the account being passed to Rossendales and made no attempt to contact the council at all before the account was issued to bailiffs, therefore I am unable to alter the situation you now find yourself in, any future payments should be made direct to Rossendale and not the council as you have been advised in the past, failure to do so will result in additional costs being payable to Rossendales.

 

The council then sent the following to you:

 

I find it difficult to understand why you are repeatedly asking different officers and councillors to re-visit your complaint and repeat the stage 2 investigation when this would necessarily involve the same people who have already responded to your complaint and could therefore add nothing to the response.

 

You have been offered the opportunity to have your complaint independently reviewed on behalf of the Chief Executive (the stage 2 response and the letter from Debt Recovery Manager on the 7th March) but have rebuffed this offer. The review would focus on:

 

We are happy to complete a review but will not sanction the necessarily unproductive repeat of the stage 2 investigation.

 

Your scatter gun approach of sending the same request to numerous officers and councillors is taking up a disproportionate amount of officer time and is, unfairly for the other citizens of N.E.Lincolnshire, diverting resource from the provision of the services we provide.

 

Should you continue with this approach I will have no option but to ask that staff across the council do not respond to any further requests regarding this issue.

 

We are unable to stop any costs incurred with Rossendales as this would result in The Council paying those costs.

Shortly after this you made complaints to the Police and many others that North East Lincolnshire Council have been engaged in fraud in relation to bailiff fees charged by Rossendales Ltd.

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This is my last post for the moment:

 

Since 2010 you (and I suspect others at EU Referendum) have frankly abused the Freedom of Information request with your hundreds (possibly even thousands) of FOI requests to many local authorities (always of course including North East Lincolnshire Council). Most are visible on the free website; What do They Know and are made under various names such as:

 

Neil Gilliatt

 

Rex Ole

 

Malcolm Admin

 

Cyril Alfab

 

Becky Saunder

 

Dan Stevens

 

Enid Brighton

 

Arnold Layne

 

Lee Johnsone

 

Cherie Jerez

 

Hump Balustrade

 

R.Skinner

 

Emma Dale

 

Sacksen Molar

 

Enid Brighton

 

Gary Pearce

 

Stan Higgles ton

 

A short while ago, two new names have appeared:

 

fFraudwATCH UK

 

and

 

Derek Prickles.

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This thread has been closed temporarily, subject to review of the content.

 

Links have been removed - please do not attempt to restore them.

Edited by citizenB

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