Can I take Council to Court for loss of my time etc?

Comms69

Aubrey_Thicket wrote: »

What I am trying to get over is...

I have been to court a few times in my life for various things (nothing serious, mainly HMRC disagreements, Employee/commercial tribunals etc, work related issues etc) - so no criminal case? and I can honestly say that on EVERY single occasion I have been to court (or known friends/family go to court) there has always been solicitors letters etc BEFORE any court case is scheduled. - correct, civil law requires this. There has always been letters before action, letters before proceedings etc. On these occasions the Council in question simply issue proceedings without conversing.

Because in criminal law there is no obligation to mitigate.

Aubrey_Thicket

Comms69, Brilliant advice. I really appreciate your time & input here. You may save me from some embarrassment with your assistance. The way I see it is to not let my lack of knowledge hold me back here. There's people like you on here who clearly know what they are talking about more than me and that is the very information I am trying to glean. If I am prepared from the start it will make this battle a little easier. I am certainly going to make mistakes along the way but there's this burning fire inside me that can't let the Council keep getting away with this. If it enlightens you further I can tell you that I live a comfortable life style and a few hundred quid lost wouldn't be an issue. I'm not doing this to make a profit. I realise I could even end up paying the Councils court costs but I am determined that they are not going to keep trying to hurt those who are unable to fight back (hence me shouting any win all over and persuading others to stand up).

Comms69

Typically costs in the small claims court are limited, so you wont end up paying hundreds if you lose.


I'd suggest that if you proceed the council may not even defend the claim as the cost to defend (solicitor being £100-200) would outweigh your claim for A/L.


Write the letter, post it here and I will critique (as im sure others will)

NeilCr

Have you thought about taking the issue to your local councillor?

Given you have a couple of examples of alleged mistakes you might find they can apply some pressure in the right place and get things changed. They may also be able to get you some financial redress. As a general rule I’ve found that they can be very effective (of course that will depend on your council and councillor!)

In my experience small claims courts like to see that you have made efforts to sort the issue out with the other party before going down the legal route

BoGoF

In all honesty you are coming across as a bit obsessed and obsessed people aren't known for rational decisions.

Aubrey_Thicket

I can see why you may think that.

I’m going to press on.

adindas

Comms69 wrote: »

The work you do preparing a case is NOT the same as what a doctor does during consultation. So regardless of your income, your time is not worth that, doing this task.


It's like a doctor charging £50 an hour to babysit. You aren't being paid for your experience or qualifications as a doctor at that time.

Aubrey_Thicket wrote: »

Comms69, Brilliant advice. I really appreciate your time & input here. You may save me from some embarrassment with your assistance. The way I see it is to not let my lack of knowledge hold me back here. There's people like you on here who clearly know what they are talking about more than me and that is the very information I am trying to glean. If I am prepared from the start it will make this battle a little easier. I am certainly going to make mistakes along the way but there's this burning fire inside me that can't let the Council keep getting away with this. If it enlightens you further I can tell you that I live a comfortable life style and a few hundred quid lost wouldn't be an issue. I'm not doing this to make a profit. I realise I could even end up paying the Councils court costs but I am determined that they are not going to keep trying to hurt those who are unable to fight back (hence me shouting any win all over and persuading others to stand up).

What about lost of income in relation to what the economists called it opportunity cost.

Indeed you are just writing a letter, it will not be a £50 an hour.

But linking it to the opportunity cost, you might have already canceled your appointment, other business opportunity, other important thing where you would have earn £50 an hour (say). But because you have to response the letter from the council you loose this opportunity.

If you could prove that you lost opportunity you would have earned than you could charge your professional rate.

lincroft1710

Aubrey_Thicket wrote: »

Therefore, like a Dog with a bone I am determined to harry and chase the council to pay my costs. Even if it takes me a million years I want to try and ensure they stop this bullying. If I get to court and lose then so be it.

You are in no position to ensure the council stops its so-called "bullying". If they have found a lawful way to increase their income then even if you did win, there is no reason for them to discontinue this process. Payment of your claim would be far outweighed by the income they derive.

Another point is that you have not "lost" any holiday, you have had your holiday but agreed, not on a day of your choosing.

If what the council is doing is not lawful then you should bring this to the attention of someone or some organisation that is better placed to challenge the council's actions.

If your claim ever gets to court, then do remember that courts want facts, plain and simple, not hyperbole, bombast and pointless phrases (e.g. "even if it takes me a million years"). Neither should you express opinion about the council's actions because a small claims court will not be interested, it is there to adjudge if you have a claim that should be paid. Forget "Perry Mason", it is not a trial!

FBaby

Then, out of the Blue the Council rang my mobile last night and apologized for their mistakes and said they had cancelled the Court case for today and would cancel any charges

Did they actually used the word 'mistakes' and did they say what they were?

CIS

In respect of what the council have done the issuing of the summons was legal - until such time as the council tax charge is amended to show the discount then the last council tax demand notice that was issued is correct.

If the council had proceeded with the summons then there was very little you could do - the magistrate would have no choice but to grant the liability order. They are legally unable to consider any disputes over council tax discounts, exemptions or liability when hearing a liability order application.

The council cannot send a summons at will - there has to be the initial demand notice and at least one reminder first. The process is set out on the council tax (administration and enforcement) regs 1992. What is more likely is that they are simply a council who follow the legislation to the minimum time periods when issuing the notifications.

If there has been delay or failure in the council's actions then the best way to address it is by the local government ombudsman. If it went to a small claims court the council's solicitors would probably apply for it be struck out and/or a summary judgement (that's if the court didn't strike out on their own volition)