Is Council Tax open to "Invitation to treat"?

haradoka

My father thinks that Council Tax is subject to contract law the same as any other goods or services. So he sees it as an "invitation to treat" and doesn't have to pay the full bill, only what he wants to. Is he correct?

d123

haradoka wrote: »

My father thinks that Council Tax is subject to contract law the same as any other goods or services. So he sees it as an "invitation to treat" and doesn't have to pay the full bill, only what he wants to. Is he correct?

Tell him to read The Local Government Finance Act 1992 while he waits to be sentenced. (should he decide to try that).

chrisbur

haradoka wrote: »

My father thinks that Council Tax is subject to contract law the same as any other goods or services. So he sees it as an "invitation to treat" and doesn't have to pay the full bill, only what he wants to. Is he correct?

Even if it was the case that council tax was subject to contract law, which I believe it is not, then "invitation to treat" does not mean you pay what you want. It means that you can offer to pay what you want, the other party can refuse this offer and only accept the full price.

CIS

If he doesn't pay then the council will obtain a liability order - no arguing about use of services etc will prevent this being issued.

Once the order is issued then , assuming he doesn't pay, the next course of action is likely to be a bailiff and then potential bankruptcy action. Ultimately committal to prison may be undertaken - if if gets to this stage the magistrates will look at willingness (or lack of) to pay.

The Council Tax (Administration & Enforcement) regulations 1992 are the better ones to read (from around reg 40 onwards) as they outline the enforcement options available and what happens if you dont pay.

lincroft1710

Our local council got fed up with a resident who over 9 years ran up a £13K CT bill. So they had a charging order applied to his property and successfully obtained a court order forcing the sale of the flat. However the resident ended up even more out of pocket as costs meant the council took over £21K from the proceeds of the sale.

Note to OP: your father is sadly mistaken, CT is a tax, not goods, nor a supply of service(s) (although some of the money thus raised goes towards providing services for the local community).

dzug1

Maybe he's seen some of the occasional malicious posts on here suggesting there is no legal basis for Council Tax - ususually misinterpreting entirely irrelevant legislation

d123

dzug1 wrote: »

Maybe he's seen some of the occasional malicious posts on here suggesting there is no legal basis for Council Tax - ususually misinterpreting entirely irrelevant legislation

Or he could be (or heard some of their mad ideas) one of these looney "freeman of the earth" who believe all laws after the Magna Carta are not enforceable. Some of their ideas are truly laughable.

I know a few of them have ended up in court recently for things like council tax non-payment.

haradoka

Thanks to you all for replying to my somewhat vague original post.
You have confirmed what I suspected, that my father is at least misguided, at most delusional, and yes, d123, I do think he believes he is responding to a higher authority than local government. He has huge Council Tax debt. When I ask him about it, he declares that he has paid. But this is on his terms. He insists that he has "treated" the council to various payments, which are full and final, and not offers. And because he has receipts (allegedly), these constitute confirmation of acceptance of his "treatment" of any charges. Therefore, no debts. If only.
He is an elderly man with confirmed psychological issues and has recently been admitted to a care home. I am hoping that this might mitigate any future judgements against him. I have only recently learned of his debts, and am doing my best to help him sort things out, but he sees my intervention as interference. He already has charging orders against his property, but I am lead to believe that the local council do not intend to force sale for payment - yet.
So, despite his "higher principles", whatever they might be, he'll just end up paying anyway.
Thanks again for all your advice.

james2005

Yes he is right!

haradoka wrote: »

My father thinks that Council Tax is subject to contract law the same as any other goods or services. So he sees it as an "invitation to treat" and doesn't have to pay the full bill, only what he wants to. Is he correct?

james2005

This chap hasn't paid is council tax in over 18 months, he is very knowledgeable on the subect..

http://www.raymondstclair.com/

We need more people like him


[UOTE=CIS;40094318]If he doesn't pay then the council will obtain a liability order - no arguing about use of services etc will prevent this being issued.

Once the order is issued then , assuming he doesn't pay, the next course of action is likely to be a bailiff and then potential bankruptcy action. Ultimately committal to prison may be undertaken - if if gets to this stage the magistrates will look at willingness (or lack of) to pay.

The Council Tax (Administration & Enforcement) regulations 1992 are the better ones to read (from around reg 40 onwards) as they outline the enforcement options available and what happens if you dont pay.[/QUOTE]

james2005

This chap hasnt paid his council tax in 18 months..... He will help your father and attend court to help him, he is no looney and really knows his stuff, dont let others tell you otherwise

http://www.raymondstclair.com/

haradoka wrote: »

Thanks to you all for replying to my somewhat vague original post.
You have confirmed what I suspected, that my father is at least misguided, at delusional, and yes, d123, I do think he believes he is responding to a higher authority than local government. He has huge Council Tax debt. When I ask him about it, he declares that he has paid. But this is on his terms. He insists that he has "treated" the council to various payments, which are full and final, and not offers. And because he has receipts (allegedly), these constitute confirmation of acceptance of his "treatment" of any charges. Therefore, no debts. If only.
He is an elderly man with confirmed psychological issues and has recently been admitted to a care home. I am hoping that this might mitigate any future judgements against him. I have only recently learned of his debts, and am doing my best to help him sort things out, but he sees my intervention as interference. He already has charging orders against his property, but I am lead to believe that the local council do not intend to force sale for payment - yet.
So, despite his "higher principles", whatever they might be, he'll just end up paying anyway.
Thanks again for all your advice.