can i sue my local council ?

Emmzi

how do you think the local paper will take it? they may be sympathetic or they may be

"benefits sponger winges over paying their dues"

Facts never get in the way of a story. I'd leave the press out of it, it won't help in the long run and will cause more stress.

Merry_Gentry

eveningstar201 wrote: »

I can't understand how they can ignore the OR. He is an officer of the court.

Local councils and the OR are often battling. A frequent problem is the nil tax IPA and housing benefits. As far as benefits are concerned, as you are paying no tax, your income has gone up so you get less housing benefit. They are not interested in the fact that you have to pay this tax towards your insolvency debt. The official view is that if they ignored the nil tax code, they would be helping you pay money off your debts, which they are not allowed to do.

My OR wrote to my council twice, and had the same response as me. In the end, they had to cancel the nil tax IPA as they were in effect taking money from my benefits which they were not allowed to do.

It's not as clear cut as you might think between the OR and the councils...

fatou256

very true merry . the council have tried it first on on my partner when they got no success with him and his OR , they have pass it on to me around november 2008. at this time the council would not acknowledge any of our BR as they had no confirmation and as such they were not aware.

they have tried to get me liability order for the same period three time both cancelled by my OR and me at the last minute.

everytime my Or and I call them asking them to revert the first payment , the person dealing wit hit is apparenlty was off sick, away on launch, on holiday and so on.... i have the impression that my OR is getting fed up or worn out to always chase them up. thne they go on being very condescending on me, even being rude and shouting down the phone.

so this time i had to pay a second time not to have any bailiff turning up at my door after they good will gesture of removing the 75 pounds cost .......

I think they got it this time becasue ythey knew i woudlnt turn up as i was away and as such they have ommited a number of fact to the magistrate if it isn't vexatious and contempt of court then i wonder what is it ?

fatou256

just rang up the LGO they will send me a pack as they said i have strong ground regarding my complaint .

My OR told me that she is not able to get through .. as apparently she always on hold....

and finally i spoke to the council again apparently they have pass my fiel to thier legal team as it seem an error may have been committed ...... but in the meantime i am worse by a couple of grand.

Photo_Stylus

With the council tax did the full debt not pass onto your partner when you went bankrupt?
I thought this was how they worked?

A month later your partner went bankrupt so passing the debt back to you?
Is that possible?

Also you said you paid July/August a few months later, Which would add more costs.
These would be accrued after your bankruptcy date so would still be payable?

Have i got that right?

So confusing.

fatou256

Photo_Stylus wrote: »

With the council tax did the full debt not pass onto your partner when you went bankrupt?
I thought this was how they worked? they didint pass the debt on my other half as we were both BR and we both living at the same place so we were both liable

A month later your partner went bankrupt so passing the debt back to you?
Is that possible? no read post No 3 . the debt was in both our name the council at first never acknowldege our BR until y our OR started action against them in November 2008 then the council put the all debt in my name only then just for the month.

Also you said you paid July/August a few months later, Which would add more costs.
These would be accrued after your bankruptcy date so would still be payable? if you have read it you should have noticed that it was already paid not once but twice and they got a liability order for a sum whcih was already paid in full !

Have i got that right?

So confusing.

hi it is not confusing read carefully the post number 3 it tell you all.the council did wrong and there is a catalogue of error they have done.

fatou256

sorry photo stylus i should add that i was not disputing my liability with the council in regards the council tax, we were both aware that we were lible for taxes from the day our Br order was granted,

however i am disputing this fact:
- that i already paid it
- the council did not act on our BR order properly until january 2009, 6 month or so after our Bankruptcy order was made against us., they registre my bankrutp within a week of my order ( i have proof from them)
- the amount was already paid and as such the council knew i was no longer liable
- the council should have not taken a liability order in the first place see above
- the council took use the part of my payment ot pay towards a debt prior to my bankruptcy around november 2008 why we don't know ..... this again i was told that it is illegal and my OR has trouble contacting them regarding this issue.
- the council have shifted the liablility between me and my other half everytime a complaint was issued by mine or my other half OR. which seem to us that the council has not follow their own rule and procesdure to administer this bill and the allocation of payment made to them
- the council told me recently that i was solely liable at first for the council tax as the bill was in my name only . thisi wrong as we are both living in the same house the bill is in both of our name but the council seem to refuse this even though they issued it at both our name.

this most of the complaint we have made to the council and LGO and to which we are waiting an answer from them . I do not expect a very swift answer from them.

Photo_Stylus

fatou256, Sorry i wasnt finger pointing, asking the question can the council pass the debts backwards and forwards between a couple who go bankrupt at seperate times?

I know what a PITA it is trying to get sensible info from council workers who can only work from set scripts.
We moved into a new property many years ago and had to wait over 6 months for the council to issue a council tax bill, awaiting valuation they said.
Got the bill end of November for £91 i thought this was a month & thought OUCH.
Re-read the forms properly & they wanted £91 a WEEK.
Wife phoned them the next day & they refused to offer any alternative repayment plan.
I phoned them up & offered them £10 a week. At first they refused saying this would take the payments into the next years billing. I said yes it bill and...?
I was getting bored by now & said..
Listen i am recording this call and i am offering you £10 a week, This is all i can afford to pay. If you find this unacceptable then you will have to take me to court where i will produce this recording.

That seemed to work. Sent me a payment book for £10 a week.

fatou256

don't worry photo i wasn't having a "go" as i understand my first few post maybe confusing for some !

you are more or less in the same boat as me it took ages for the council to draw a final bill after month and month of arguing with them, and along few wrong one too.....

my understanding is that they shouldnt have pass the bill between me and my partner as technically we are both tenant of where we lived and as such we are both liable for council tax but explaining that to the council well it is another story !

my OR rang me up telling me that she had a talk with them and it seems likely that the 130 pounds went ashtray somewhere and the council hasn't accounted for it .... so they will investigate. then they will decide one of 2 thing :

- that i was right and they will refund the extra
- i was wrong and will close the case .

however she undersand why i made an extra payment due to their pressure.