Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywS Staffordson mewngofnodwch a gadael i bawb wybod.

Council tax payment allocation in accordance with R. v Miskin Lower Justices [1953]

We're waiting for S Staffordson to read a recent response and update the status.

Dear Wigan Metropolitan Borough Council,

The Council makes the statement quoted below from the link:
https://www.whatdotheyknow.com/request/e...

"R v Miskin Lower Justices (1953) held that where an amount so obviously relates to a specific liability, it would be an unwarranted assumption to allocate the payment elsewhere. This case establishes that if the amount of the payment identifies the debt, then it must be allocated to that debt......

Where the person making the payment states explicitly that the payment should be allocated to a specific debt, then the council must and will abide by that statement. Where the debtor does not make any reference as to where the payment should be allocated and the amount gives no clue, then it is up to the council as the creditor to make the choice. "

The final sentence in the above does not agree with the judgment in the case of R. v Miskin Lower Justices (see below link to the judgment):

http://s000.tinyupload.com/index.php?fil...

The judgment clarifies the position in cases where a creditor has to make a decision as to which account payment should be allocated when a debtor has one account more burdensome for him than another and his payment is unspecified.

Clearly the final sentence if it were to agree with the judgment would be.....

Where the debtor does not make any reference as to where the payment should be allocated then the creditor must allocate the payment to the account which it is most beneficial to the debtor to reduce.

Q. Where did the council obtain the information regarding the appropriation of payments case law which conflicts with the judgment in R. v Miskin Lower Justices [1953]?

Yours faithfully,

S Staffordson

FoI Request, Wigan Metropolitan Borough Council

Please quote ID FOI 9276 on all correspondence

Dear Mr/Ms Staffordson,

I am emailing to confirm the receipt of your recent request for information to Wigan Council. This has been logged and will be forwarded to the relevant department for action.

We will respond as soon as possible and in most cases no later than 20 working days after the receipt of your request ie 10th October 2019.

If you have any comments or questions in the meantime, please direct them to [Wigan Council request email], or in writing to the address below.

The Council does not charge for most FOI requests, but charges may be made for actual disbursements incurred such as photocopying, printing, postage and packaging, and only if these charges amount to more than £20.00. If a charge is to be made, confirmation of the payment due will be given before the information is provided and payment may be requested prior to the provision of the information.

Your contact is Graham Donelan.

Regards
Information Governance
Wigan Council
Legal Services – Resources Directorate
Town Hall,
Library Street,
Wigan,
WN1 1YN
01942 827639 (internal ext 2639)
[mobile number]
www.wigan.gov.uk
www.twitter.com/wigancouncil
www.facebook.com/WiganCouncilOnline

dangos adrannau a ddyfynnir

FoI Request, Wigan Metropolitan Borough Council

1 Atodiad

Dear Mr/Ms Staffordson,

I am writing to respond to your recent request for information. This request has been handled under the Freedom of Information Act 2000.

The response to your request is attached.

If you are unhappy with any aspect of this response, an independent senior officer will review this decision. If you are not satisfied with our response you must put your complaint in writing within 40 working days of receipt of this response giving the reasons for your complaint.  You can either email [Wigan Council request email] or write to Freedom of Information at the address below.

You can also complain to the Information Commissioner, who is the regulator for Freedom of Information. Her website is https://ico.org.uk/ and her helpline number is 0303 1231113.
Her staff may ask you to exhaust our internal complaints procedure if you choose to complain to her office now.

Kind regards

Graham Donelan
Information Governance Officer
Wigan Council
Legal Services – Resources Directorate
Town Hall,
Library Street,
Wigan,
WN1 1YN
01942 827639 (internal ext 2639)
[mobile number]
www.wigan.gov.uk
www.twitter.com/wigancouncil
www.facebook.com/WiganCouncilOnline 

dangos adrannau a ddyfynnir

Dear FoI Request,

Thank you for your response. Can you confirm that the information was obtained from the Institute of Revenues Rating and Valuation (IRRV), i.e the Insight magazine (10 October 2002)?

http://s000.tinyupload.com/index.php?fil...

Yours sincerely,

S Staffordson

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywS Staffordson mewngofnodwch a gadael i bawb wybod.