HomeDebtCouncil Tax and Liability Orders Legality


Council Tax and Liability Orders Legality — 3 Comments

  1. Where does it state in the Local Government Finance Act that a council can issue a court form? It does not. Also, why are councils, in particular Rochdale Council, charging £104 and uploading the summons and liability order costs onto the first court summons costs. If the court get £3 per summons, who is getting the rest? It’s a huge profit making exercise for the council on the very poorest in society. It’s absolute human cruelty and makes me ashamed to be part of the human race. I myself owe about £400 in court costs alone. It’s sickening, especially when it’s a sham in the courts too (council’s hire a room). They do not make fighting the system particularly easy, but I guess these people are just ‘doing their job’. Where is the heart in such a job?

  2. Hello Audacious Angel, many thanks for visiting my blog.

    It would seem that as the law stands, liability orders are illegal. I knew of someone who was issued with a liability order for a rental property he had up north. He tried to get it transferred to his local court to question it, but it would seem there is no court provision to do this either. So the bulk hearing went ahead anyway and now the Bailiffs are chasing him!

    When money is involved, the courts do tend to favour the creditor.

  3. Summons are issued by the council under agreement with the magistrates, however I would like to know under what authority a court can delegate such a task, as a council has no judicial function. A council simply states that the court agrees that they can issue their own summons and then removes themselves from all liability.

    There is no official court seal because the liability order is a council issued liability order authorised by a signature from a magistrate. The hearing being an administrative process, whereby the council hires the local magistrates court for this process. No CPR apply in these hearings. If you wish to appeal against the liability order you need to appeal to the valuation tribunal. Try and obtain a copy of a liability order and you will not be able to obtain one, also the magistrates have no record of issuing any liability orders, the whole process is managed by the council.

    The costs are unlawful exposed in the High Court by Rev Paul Nicolson. Under the Council Tax (Administration and Enforcement) Regulations 1992 the council should only claim “a sum of an amount equal to the costs reasonably incurred by the authority” however in reality they agree a round sum figure with the magistrates court way in excess of their legal entitlement, and make millions from the most vulnerable in society. If you wish to appeal against these costs you need to appeal to the High court via a judicial review.

    Liability orders are legal because the statutory instrument states it is however they are unlawful as they conflict with other laws including the Human Rights Act.

    If you want to go deep into the rabbit hole also investigate council attachment of earnings orders and especially council commital to prison procedures.

    There are around 100 people each year who are unlawfully sent to prison on the basis of these liability orders.

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