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    • OH has received another call from Kindertons requesting a signature. He once again requested in writing that he was not liable for any costs as he has been told from the beginning. The woman insisted he would not. He asked her hypothetically what if Kindertons take the other party to court assuming they won't pay the hire charges, who would then be liable for the court fees and hire charges would it be him? The woman who apparently sounded like she was reading from a card replied not him. An email has now been received from Kindertons. I would be grateful for advice on this matter bearing in mind no forms have been signed. Good Morning Please keep this email as confirmation that no costs will be charged to yourself for the cost of the Hire. Whilst you are liable for the hire charges Kindertons indemnifies these losses. The third party insurer will pay the hire charges and if for any reason the charges are not paid Kindertons will not pursue you for payment of these charges. The only exception is if you knowingly and wilfully mislead us or actively fail to cooperate with our attempts to recover the hire charges from the third party insurer. If you would look to sign the outstanding Hire agreement it would be gratefully received. Many thanks
    • Yes Andy. It arrived last week but I was away for a few days. I moved house in the middle of last year as well so some post is redirected which can delay things by a couple of days. I have informed the courts of my new address
    • Good morning. OH was offered treatment for back pain via a solicitor which he accepted. This has been ongoing for several weeks. He originally told Kindertons he did not need a vehicle from them as he'd driven his vehicle home from the accident and continued to drive it to work for a week but the woman insisted it would be free and more importantly would speed up the claim process. He told her due to his work he only need a small vehicle but a brand new top of the range large vehicle was delivered. His vehicle was written off and an offer made. He had the vehicle repaired himself. There was no loss of income as he continued to work while fitting in medical treatment. On three separate calls he asked if the vehicle was free and was told yes they just need a signature to chase the other party for the cost. He informed her in more than one call he doesn't use the internet so cannot sign electronic forms. 
    • Hello Andyorch   Would you be able to point me in the right direction with regards to the defence structure for this type if claim. I have looked for similar cases but not finding much whrn searching. I believe that my defence is due by 18th March, so I have time to work on this. Thanks 1Penny    
    • Mmm sometimes little chats can be invaluable to give a flavour of the strength of the claimants case as above  Strange thing to raise    How did you pay for the postage ?  Andy
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Claiming the Class E exemption - Council being difficult. Recent Care home Resident


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Hi, I hope this is the right forum and someone can advise.

My elderly sister had to go into a care home back in August due to health issues and her former home has been empty since then.

I put in a claim on her behalf to the local council for a council tax exemption and they asked for various documents which I have supplied such as proof she is a permanent resident in the care home.

They have now come back with 'let us know when you sell the house and your sister's liability for council tax will then cease'!? That does not make any sense because previously they wanted to know all about the care home so why ask for that if it had no bearing on the exemption? Now it says on their own website that she qualifies for an exemption having moved into a care home.

I have replied pointing this out and that the council should stop taking direct debits from her bank account and refund tax paid since August; but am just wondering in case I can get no further with the council:

1) Should I cancel the direct debit so that no further money can be taken or will this just cause more trouble?

2) Should I take the council to the small claims court to enforce this exemption  and claim the tax paid since August back plus expenses?

Thanks for your help with this.

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I agree with you. My experience is limited but I thought people in care homes were exempt but maybe it depends on the council. Have you checked their website?

Have you complained about the decision so far? Please tell us what the website says.

HB

Illegitimi non carborundum

 

 

 

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Yes I have sent a reply. The trouble is they take weeks to reply and meanwhile are collecting more council tax. 

My questions are as per my initial post, not whether my sister is entitled to exemption because she is. The council are just playing hard ball and I want to know how best to handle it.

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you'll get the money back into her bank account when they realise.

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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Yes, the Council will update the account to note that payment is in full, so whatever amount outstanding will be requested.

Sometimes you have to go and see the Council face to face to resolve.  Local Citizens Advice have often got direct contact channels with those in the Council who can resolve, if you need assistance. 

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Well they can request the remainder owed for the year but as they are not entitled to it; they won't be getting it and if they threaten court then so can I. Any other negatives?

I can't see them face to face as I live hundreds of miles away; just not possible. I suspect the council are being evasive because they are short of money and don't want to pay up and are stalling for as long as possible.

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being short of money is not going to be helped by a few £100's. 

i think you have a bit of a warped pre conception to them.

they dont have to do court, a liability order is a rubberstamp jobbie if you removed their dd and they dont collect what they think they are owed.

it'll work itself out in the end and any over payment will be returned to its source.

i would not be cancelling the dd.

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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It's known as the Class E exemption and the law on CT exemptions says nothing about having to sell the house in order to be made exempt. It's not a discretionary exemption, it's a statutory entitlement in England.

If/when you run out of patience with the CT department at the Council you should raise a formal complaint with the Council. Details will be on their website.

Legal action would be a last resort. TBH I don't know what sort of legal action you would bring but I doubt it's a small claims court claim.

I agree with other posters, do not cancel the DD. That would likely bring you a pile of hassle and legal troubles.

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