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 - Maidstone Borough Council (Ongoing Litigation)

S Staffordson made this Rhyddid Gwybodaeth request to Gwasanaeth Llysoedd a Thribiwnlysoedd EM

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Dear Her Majesty's Courts and Tribunals Service,

I would like details of the ongoing litigation referred to in the following request to Maidstone Borough Council.

https://www.whatdotheyknow.com/request/c...

a) brief description of the matter under challenge
b) in which court are proceedings ongoing (County, High Court etc.)
c) case reference numbers
d) details of the appeal/claim type (for example case stated, judicial review, etc.)
e) any other information in the public interest that I have not included in the above.

Yours faithfully,

S Staffordson

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

3 Atodiad

Dear S Staffordson

 

Please see the attached acknowledgment for your request (our reference
210129008 – FOI)

 

Regards

Knowledge and Information Liaison Officer

 

South East Regional Support Unit | HMCTS

[1]gov.uk/hmcts

 

[2]HM Courts & Tribunals Service logo

[3]Coronavirus (COVID-19): courts and tribunals planning and preparation

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dangos adrannau a ddyfynnir

Gadawodd Ed Boyce anodiad ()

You might find this of interest.

Maidstone Borough Council use J E Baring & Co solicitors (London based)

'Our client allocate to the oldest debt ... in accordance with the provision of Devaynes -v-Noble AKA Claytons Case, 35 E. R. 781 (1816).

Under this case the payment made by you towards a running account i.e. ... is to be applied to the earliest debt first. You cannot seek to introduce and attach terms to your payment after it has already been received.....

Under the circumstances we are instructed to proceed with the presentation of a Bankruptcy Petition and shall be doing so.'

Gadawodd S Staffordson anodiad ()

Thanks. It is of interest.

Does the payment allocation refer to Council Tax? If it does, the Devaynes -v-Noble case is not applicable because Council Tax is not a running account as defined in this document: https://tinyurl.com/y3uzpd5n

Council Tax consists of distinct insulated debts, between which a plain line of separation can be drawn (a bill is issued each year relating specifically to that year's liability).

Though even if Council Tax were a running account such as current account at a bank were transactions form one blended fund, Devaynes -v-Noble case would only apply if it was not obvious from the circumstances to which account payment was intended. Clearly before any consideration is given as to the order in which the debts have arisen it must be asked, to which of the debts would the allocation be most beneficial to the debtor? (where the purpose for which a payment is made is unspecified it must be carried to that account which it is most beneficial to the debtor to reduce). Only if it was of no more benefit to the debtor which of the accounts payment was applied to could it be said that allocating payments to the earliest debt first would be in accordance with Devaynes -v-Noble.

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear S Staffordson,

 

Please see the attached response to your request (our reference 210129008
– FOI)

 

Kind Regards

 

Knowledge and Information Liaison Officer

South East Regional Support Unit |HMCTS

[1]cid:image001.png@01D524F8.394D6340

 

[2]gov.uk/hmcts

 

[3]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[4]Here is how HMCTS uses personal data about you

 

dangos adrannau a ddyfynnir

Gadawodd Ed Boyce anodiad ()

How many cases have been transferred out of Kent to the Central London county court and given a miscellaneous number, is this to suit Maidstone Borough Council's external London solicitors (firm/company) and barristers and self-chosen insolvency practitioners?

7M 2019

Under the guise of specialist 'Business and Property work' that is supposed be in the Chancery List, yet not heard by a specialist judge or even allocated a business and property work case number and using the county court seal?

Yet, Medway county court hears specialist bankruptcy work and is within Kent and not in the London Insolvency District!

Dear South East KILO,

Re: "Your request has been handled under the FOIA. The MoJ does not hold any information within the scope of your request. Unfortunately, our searches concluded that that no records have been located in the courts of the Kent region. "

Please extend your search to include courts located outside of the Kent region because either Maidstone Borough Council is not telling the truth about the ongoing litigation or the case has been transferred out of Kent.

Yours sincerely,

S Staffordson

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear S Staffordson,

 

Please see the attached acknowledgment to your request ( Our reference
210219009 – FOI )

 

Kind Regards

 

Knowledge and Information Liaison Officer

South East Regional Support Unit |HMCTS

[1]cid:image001.png@01D524F8.394D6340

 

[2]gov.uk/hmcts

 

[3]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[4]Here is how HMCTS uses personal data about you

 

dangos adrannau a ddyfynnir

Dear South East KILO,

I am asking for the same information so it is not a new request. I simply ask that a less half hearted attempt is made to find it.

Yours sincerely,

S Staffordson

South East KILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

2 Atodiad

Dear S Staffordson,

 

Please see the attached response to your request ( Our reference –
210219009 – FOI )

 

Kind Regards

 

Knowledge and Information Liaison Officer

South East Regional Support Unit |HMCTS

[1]cid:image001.png@01D524F8.394D6340

 

[2]gov.uk/hmcts

 

[3]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

[4]Here is how HMCTS uses personal data about you

 

dangos adrannau a ddyfynnir

Dear South East KILO,

I suggest starting with the Central London county court.

Yours sincerely,

S Staffordson

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear S Staffordson

 

Please see the attached acknowledgement to your request (our reference
210324009)

 

Regards

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

 

dangos adrannau a ddyfynnir

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear S Staffordson,

 

Please see the attached response to your request (our reference
210324009).

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

 

dangos adrannau a ddyfynnir

Dear LondonKILO,

"So that I provide you with the right information, please can you provide the party names, and/or addresses for the ongoing litigation that you refer to? On receipt of this information I will continue to process your request."

One of the parties may be Maidstone Borough Council but that is only an assumption. Maidstone Borough Council would almost certainly be able to provide the details.

Yours sincerely,

S Staffordson

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received. We endeavour to provide a response to
all emails as soon as possible within 5 working days unless marked urgent

dangos adrannau a ddyfynnir

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear S Staffordson,

 

Please see the attached acknowledgment of your request (our reference
210512011).

 

Regards

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

 

dangos adrannau a ddyfynnir

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

1 Atodiad

Dear S Staffordson

 

Please see the attached response to your request (our reference 210512011)

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

Click [2]here to provide some feedback and help improve our service.

[3]Here is how HMCTS uses personal data about you

 

[4]Coronavirus (COVID-19): courts and tribunals planning and preparation

 

dangos adrannau a ddyfynnir

Dear LondonKILO,

Please see my 29 January 2021 request and subsequent correspondence.

https://www.whatdotheyknow.com/request/c...

Yours sincerely,

S Staffordson

LondonKILO, Gwasanaeth Llysoedd a Thribiwnlysoedd EM

Thank you for your email. Please accept this auto-response as confirmation
that your request has been received. We endeavour to provide a response to
all emails as soon as possible within 5 working days unless marked urgent

dangos adrannau a ddyfynnir

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.