Custodial sentaence council tax

Jowo_2

CIS wrote: »

He had no way of contesting the liability order - he is the liable person and a balance was due (unless he could prove he was billed incorrectly etc) therefore the magistrate had no powers not to grant the order.

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By contest, I mean offer a defence, and these are the valid defences

The Valid Defences are:

• An unauthorised officer of the Council is attempting to obtain the Liability Order.
• There is a defect in your payment instructions (your bill has been calculated incorrectly).
• Less than 14 days has elapsed from the issue of your demand notice and your first instalment falling due.
• Payment has been made in full.
• No reminder notice was issued.
• The Council has defective computer evidence.
• You have an Administration Order in progress through the County Court, which includes your outstanding Council Tax.
• Documents have been served incorrectly.
• You are not joint and severally liable for the period in question.
• You are subject of bankruptcy proceedings that have been commenced against you.
• The debtor is deceased.

http://www.northwarks.gov.uk/site/scripts/documents_info.php?documentID=74&pageNumber=3
Anyway, the OP could contact Shelter for advice and here's the actual legislation.

http://www.legislation.gov.uk/uksi/1992/613/part/VI/made

CIS

Unless there is something the OP is not stating then the valid defences are not applicable in this case - I've probably been to 30 or 40 Liability Order courts and I've yet to see anyone get the magistrate to throw out a case - occasionally they order will be adjourned by mutual agreement - due to a valid defence.

Roy_G_Biv

Liability orders are normally revoked retrospectively. The most common reason is the authority did not send a final notice or a reminder to the liable persons current address, and a bailiff turns up later at the new address after getting it on CitizenView. Revokation is under Section 7 of the Interpretation Act 1978 on application for a quashing order addressed to the issuing magistrates court.

CIS

Liability orders are normally revoked retrospectively. The most common reason is the authority did not send a final notice or a reminder to the liable persons current address, and a bailiff turns up later at the new address after getting it on CitizenView. Revokation is under Section 7 of the Interpretation Act 1978 on application for a quashing order addressed to the issuing magistrates court.

Thats a different aspect of the liability order - we remove quite a few retrospectively for various reasons. These aren't thrown out by the magistrate for a valid defence but intead they are removed later by the council.

DX2

jonnyboy82 wrote: »

im on troll alert here:rotfl:

There's that bloody many!:shocked:

LovesDennys

The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made

The council must comply with Regulation 33(3) and 34(1), but if they are unwilling to do so, then an aggrieved party can ask the Local Government Ombudsman to intervene who can even award for compensation, typically its about £100-£150, more if the debtor receives a bailiff enforcing a non-compliant LO. Revokation is made by a Magistrate and any party, council, LGO or debtor can apply.