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Moon phases
Council Tax debts now uninforcable !
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Council Tax debts now uninforcable !
Do your own due diligence .
daveiron- Admin
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Re: Council Tax debts now uninforcable !
https://the98thmonkey.substack.com/p/council-tax-debts-have-now-become?r=zpppo
Re: Council Tax debts now uninforcable !
Interesting. I have tried finding more evidence related to this specific case but cant find any. Strange to say the judgement was made 3 months ago.
Having read through the court transcript, the case seems more complexed than Richard makes out in his video.
The defendents (bailiffs) try to rely on a letter from the council to give them the authority to enter the premises and enforce the Liabillity Order. Judge Harrison states that in this instance, a letter is not sufficient. He continues to say that the way the Order is made is problematic.
We all know that the council tax liabillity orders are a fraud but I would like to hear more before thinking the nut has been cracked.
Having read through the court transcript, the case seems more complexed than Richard makes out in his video.
The defendents (bailiffs) try to rely on a letter from the council to give them the authority to enter the premises and enforce the Liabillity Order. Judge Harrison states that in this instance, a letter is not sufficient. He continues to say that the way the Order is made is problematic.
We all know that the council tax liabillity orders are a fraud but I would like to hear more before thinking the nut has been cracked.
Last edited by Miss Kermit on Sun Dec 24, 2023 10:21 pm; edited 1 time in total
Miss Kermit- Not so newb
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Re: Council Tax debts now uninforcable !
From what i recall,Liability orders from the court have not been in existence for many years in regard to CT
daveiron- Admin
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Re: Council Tax debts now uninforcable !
The courts dont make a liability order so a DC never has the ability to show authority, none ,zero,not since they stopped issuing liability orders for CT in the early 2000s.
the councils have been passing off their own paper work which is actual fraud. They say the courts have empowered them to do this but there is no evidence that backs up this claim as far as i have seen.
as a first step it may seem encouraging but we know they will be allowed to get away with it under such legislatory comments as "they believed it so there is no intent to defraud" BS. Ignorance is no excuse even if it were true. Perhaps low level donkeys may have been fooled but at the top there is conspiracy and knowledge of wrong doing (this is why there is no paperwork from the court in the first place, to dismiss their own liabilty because it is unlawful tax from the start)
the councils have been passing off their own paper work which is actual fraud. They say the courts have empowered them to do this but there is no evidence that backs up this claim as far as i have seen.
as a first step it may seem encouraging but we know they will be allowed to get away with it under such legislatory comments as "they believed it so there is no intent to defraud" BS. Ignorance is no excuse even if it were true. Perhaps low level donkeys may have been fooled but at the top there is conspiracy and knowledge of wrong doing (this is why there is no paperwork from the court in the first place, to dismiss their own liabilty because it is unlawful tax from the start)
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daveiron- Admin
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Re: Council Tax debts now uninforcable !
Although it was an unreported case, the judgement has been put online presumably by one of the parties ..
https://the98thmonkey.substack.com/api/v1/file/5b3cf51e-ec95-4fc1-b80e-002fcd9c6c88.pdf
https://the98thmonkey.substack.com/api/v1/file/5b3cf51e-ec95-4fc1-b80e-002fcd9c6c88.pdf
flyingfish- dedicated
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Re: Council Tax debts now uninforcable !
Has anyone looked on the Register of Judgements for the actual judgement as they are never straightforwards and are often open to interpretation, this said they do create many lawful judgements which are set as precedents and can be used in other cases and unless the judge is of equal rank or higher he has to abide by these judgements.
assassin- Admin
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Re: Council Tax debts now uninforcable !
It's not on Bailii. That PDF is a transcript, not a written judgement so although it's High Court I don't know if it sets a binding precedent. Should be persuasive though. Interesting that he challenged the enforcement process rather the orders themselves, give that he doesn't agree he was liable.
flyingfish- dedicated
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Re: Council Tax debts now uninforcable !
i think thats because he going for that tactically vs the DC not the council first , and sounds like there is more to come if they make/made the case vs the council too.
Last edited by Lopsum on Thu Dec 28, 2023 9:34 am; edited 1 time in total
Re: Council Tax debts now uninforcable !
If considering this as a precedent, or an example, it's worth reading through because some of Mr Leighton's arguments were not successful. Anyone in the same situation, raising their own claim, can skip those and concentrate on the winning arguments.
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daveiron- Admin
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Breakdown of case
This has been put out ,To be clear i do not agree with parts of the final 10 mins or so. Once the councils get things sorted and do things the correct way
what then ?
what then ?
daveiron- Admin
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