Is council Tax even Legal?

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  • CIS
    CIS Posts: 12,260 Forumite
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    jayhow - have a read of the Local Government Finance Act 1992, it's on the web. After you have read it, espec the part on Council Tax, perhaps you will post back and state which section leads you to believe CT is unlawful.

    I also would like to know which part makes it unlawful as I must have skipped that part.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • jayhow
    jayhow Posts: 12 Forumite
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    lincroft1710 wrote: »
    jayhow - have a read of the Local Government Finance Act 1992, it's on the web. After you have read it, espec the part on Council Tax, perhaps you will post back and state which section leads you to believe CT is unlawful.

    yes I am aware of the LGFA 1992 but the point is that CT is unlawful for the following reasons:
    Now under our local council, we get sent a notice, not a bill, a notice,it isn't a bill because it does not bear two signatures, one of them being the householder, to say they will pay the tax imposed upon them, this is described under the Bill of Exchange Act 1882:
    3 Bill of exchange defined

    (1)A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.

    (2)An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange.
    I also have been informed that a bill also has to have a head office stamp or similar at the bottom of it for it to be deemed as a bill and not just a notice.
    Stating that you have to pay council tax under the loacl governemnt finance act is just quoting a statute law,statute laws are only laws when given the consent and weight of the governed if they so wish.
    Now it is the same with a Liability Order from a court, it has to have a magistrates signature on it to be legal,if not, it is null and void, there also has to be the courts crest and or/ stamp upon it to be a legal document.
  • kaya
    kaya Posts: 2,465 Forumite
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    jayhow wrote: »
    I am not sure why you people are so angry and negative...perhaps you should all broaden your consciousness a bit and try and look at things beyond what they are actually showing you... but then that would mean shattering all your illusions about how this country really operates...wouldn't want to upset your little apple carts....


    dude, im not being negative or angry, i wanted to believe all that freeman/bill/summons and understand stuff that they quote, but unlike yourself i have taken much of my time to check out all the quotes and claims made by john harris(including purchasing copies of blacks law and every book on legalese ever made), and i am telling you that they are fantasy, please do not take my word or john harris's for it, GO CHECK IT OUT FOR YOURSELF!
    then please come back as an educated person rather than a parrot, i would love to believe in his romantic fantasies, but they are just that, fantasies, i posted many times on the forum questioning the references and quotes, somehow all of my posts seemed to dissapear if they disagreed or asked for proof of the claims, or alternativley you can ignore me, appear ignorant and get arrested!
  • verbyl.belch
    verbyl.belch Posts: 144 Forumite
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    pffft! This is a waste of my time. Suck it up and pay.
  • lincroft1710
    lincroft1710 Posts: 17,710 Forumite
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    What are you are saying is that the wording on the CT demand does not conform with Bills of Exchange Act.

    THIS DOES NOT MEAN THAT COUNCIL TAX IN ITSELF IS UNLAWFUL

    And I'm not sure that the BoEA has any relevance in these circumstances.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
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    Damn - could have saved myself the trip to the court the other day to pick up the liability orders they had issued - if only I'd known they weren't legal:rolleyes:
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dmg24
    dmg24 Posts: 33,925 Forumite
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    jayhow wrote: »
    Did I say I was the one who received the original letter? No I don't think i did...if you are too lazy to go looking for something..then carry on and pay your council tax like the rest of the sheeple......

    But surely you have access to the aforementioned letter, in order for you to be able to confirm what it states? :confused:

    :p
    Gone ... or have I?
  • CIS
    CIS Posts: 12,260 Forumite
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    Did I say I was the one who received the original letter? No I don't think i did...if you are too lazy to go looking for something..then carry on and pay your council tax like the rest of the sheeple.....

    Remember to be nice to the magistrate when you see him ...
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • lincroft1710
    lincroft1710 Posts: 17,710 Forumite
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    I know the feeling CIS. The 12 years of my working life spent settling CT appeals and setting bands have clearly been a complete waste of time!!!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • CIS
    CIS Posts: 12,260 Forumite
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    I know the feeling CIS. The 12 years of my working life spent settling CT appeals and setting bands have clearly been a complete waste of time!!!

    It also explains why I've had that lingering feeling that I'am waiting my time 9-5, Monday to Friday.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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