jacobs/council tax

Hello all my friends at forumotion I,m having some grief with Jacobs about my council tax I am at a loss about this letter I have attached to this post I hope you can read it ,is it true our notices of no entry can be ignored by them,this is the second or third letter I have had and I really need some advice ,I have been paying them with WeRe bank cheques but now they say they are not accepting them as we are on pension this works out about four years[1,383.55.i am a bit worried about them being able to do this is it true I certainly need some advice,thank you all and GOD BLESS.

The Local Government & Finance Act 1992 was amended in 2014 to include:

Local Government Finance Act 1992 (c. 14)

105 The Local Government Finance Act 1992 is amended as follows.

106 In section 14 (administration, penalties and enforcement), after subsection (3) insert—

“(4)Where a liability order has been made against a person under regulations under Schedule 4, the billing authority concerned may use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) to recover the amount in respect of which the order was made, to the extent that it remains unpaid.”

& this is schedule 12

https://www.legislation.gov.uk/ukpga/2007/15/schedule/12

Hi Tiggy,

does or can this be tied in at all?

http://getoutofdebtfree.org/forum/viewtopic.php?f=5&t=74522

LionsShare wrote:Hi Tiggy,

does or can this be tied in at all?

http://getoutofdebtfree.org/forum/viewtopic.php?f=5&t=74522

I'm not 100% sure but I don't think the Council ever sell the debt's on. I think they just use bailiffs or debt collectors.
The letter is true in what it says, but all it means is you can't remove the implied rights of access. It hasn't gave the bailiffs super powers. They have always had a right of entry since day one, what they can't do is break in or kick your door down. The rights of entry have to be peaceful entry the same as ever and yes they can take control of goods but only after they have gained peaceful entry. If you have a car outside they can take that if they know it's your's or even anything that's in the garden. The key is not to even open the door to them they will go away eventually. The concerning thing for me regarding Council tax is they don't never seem to give up and I have seen plenty of people jailed for refusing to pay, they say they only jail you for willfully refusing and as a very last resort. So they will try to get the money any way they can before giving a jail sentence, I can't remember for certain but it's either 30 or 90 day's maximum per year.

What can happen if they take things that are not legally yours as a friend or family member has allowed you to use it for a time? If that friend or family member comes to your place to get back what they loaned you and the bailiffs had taken it as thinking it was yours to begin with? I had talked with a sherrif officer here in Australia and he said if there is any dispute with anything that they will not take it and will leave it.

Over here if they managed to gain entry and you don't pay them they would take whatever they could unless you could prove you didn't own it. Whether they are allowed to do that is debatable but the problem is most people wouldn't be able to prove what they didn't own and wouldn't bother to chase up about it as it would probably cost to much.

If I ever owed Council Tax and it was getting to the stage where I thought I couldn't get away from it, I would max out credit cards try and get loans and loads of furniture on credit and what ever else I could get and then go bankrupt. I don't know if that would work or not and it's not probably one of my best ideas, but hey it would be fun to try. You couldn't do that if you owned anything though.

Hi,
They can only take applicable items that belong to you.but cannot force entry,so keep front & back doors locked.

If you have a bill of sale for the entire contents of your property with lets say a family member .there is nothing they can take as it is not yours,all you need to do is show a signed (copy) of the agreement.
However It MUST BE DATED before any bailiff involvement.

Because i am now on a pension & have arranged my finances ,i am not liable for CT .but i have such an agreement drawn up .My vehicle is also not in my name & on paper i can show i own nothing. (I do not own my home). This proved so successful with the last DCA they did not even request proof of what i told them.

hi.q.e.
Time to make a firm offer...ie.
[they don`t like it uppem]
author..Mark Windows.
ps...alter to suit your situation

letter.1
Your Address
Your District
Your town
Your County
Postcode in square brackets….  [AA1 2BB]

Head of Legal Services
Company Name
Company Head Office Address
Company Head Office Postcode
(date)


NOTICE OF REJECTION OF INVALID INVOICE


Reference: Your NOTICE TO PAY FIXED PENALTY CHARGE XXXXXXX dated dd/mm/yy.

This is a legal Notice, it means what it says. Notice to agent is Notice to Principal and vice-versa.

THIS IS DEFINITELY NOT AN APPEAL.

This NOTICE is a conditional offer from me to settle the matter.

It is my understanding that fines can only be issued by a Court of Record, and then only after due process.

A Notice of Charge is subject to the Bills of Exchange Act 1882.

I require a properly formatted invoice, fully compliant with the Bills of Exchange Act 1882, for your charge or demand or order which is required to be legible and to include the following features:

Your company name, number and trading address.

The date of the invoice and the date by which the invoice is to be paid.

A full description of the goods and/or services supplied or provided and the cost thereof i.e. what of value has been exchanged? (The CONSIDERATION).

Account for VAT, be it zero percent or otherwise, and show your company's VAT registration number. If you are exempt from VAT, state it clearly on the invoice. I need to account for VAT.

It must be titled 'Invoice' and bear a legible wet ink signature of an Officer of the Company.


Do not send any further mailings which do not contain proper invoices, as in that event you will be causing me harassment, and you may also be committing VAT fraud.



(signed)



Your Name

letter.2
Your Address
Your District
Your town
Your County
Postcode in square brackets….  [AA1 2BB]

Head of Legal Services
Company Name
Company Head Office Address
Company Head Office Postcode
(date)


NOTICE OF REJECTION OF INVALID INVOICE


Reference: Your NOTICE TO PAY FIXED PENALTY CHARGE XXXXXXX dated dd/mm/yy

This is a legal Notice, it means what it says. Notice to agent is Notice to Principal and vice-versa.

THIS IS DEFINITELY NOT AN APPEAL

This NOTICE is the second and final conditional offer from me to settle the matter.

You have ignored my previous Notice dated dd/mm/yy and you have continued to demand payment without presenting me with a proper invoice compliant with The Bills of Exchange Act 1882. I believe your demands are inciting me to commit VAT fraud. Your demand letters have been retained as evidence.

It is my understanding that fines can only be issued by a Court of Record, and then only after due process.

A Notice of Charge is subject to the Bills of Exchange Act 1882.

I require a properly formatted invoice, fully compliant with the Bills of Exchange Act 1882, for your charge or demand or order which is required to be legible and to include the following features:

Your company name, number and trading address.

The date of the invoice and the date by which the invoice is to be paid.

A full description of the goods and/or services supplied or provided and the cost thereof i.e. what of value has been exchanged? (The CONSIDERATION).

Account for VAT, be it zero percent or otherwise, and show your company's VAT registration number. If you are exempt from VAT, state it clearly on the invoice. I need to account for VAT.

It must be titled 'Invoice' and bear a legible wet ink signature of an Officer of the Company.


Do not send any further mailings which do not contain proper invoices, as in that event you will be causing me harassment, and you may also be committing VAT fraud.


(signed)


Your Name
have fun....
regards.
pitano.

"It is my understanding that fines can only be issued by a Court of Record, and then only after due process."

I would be reluctant to put this in a letter or notice to a DC.

If it were me reading this on the other end I would be enclined to think "this bloke is just guessing, he doesn't know what hes talking about."

If it were me I would just not include it.

Suggest either research the facts of it and act from there, just a thought. Good text otherwise.

hi ausk.
It is a document meant for pre-D.C.A.
ie...the council.
many thanks for your opinion though.
regards.
pitano1

Why references to Fixed Penalty Charge, and to fines?   Isn't this Council Tax that's being disputed?