Costs for one summary warrant issued by the sheriff court

tommy made this Freedom of Information request to City of Edinburgh Council

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Dear City of Edinburgh Council,

Being that council tax is a civil matter, taking place in a court of law, and that the courts have informed me that the process and orders are granted under the act of sederunt. And that due process of law ensures that the courts not only remain independent but follow the strict impartial rules of fairness under the national and international laws.

Going as far back as is reasonable (eg 20 years), up to the most recent date available. Please provide me with a table of information for the following questions.

A. As this is a civil court case. The date of hearing of the court case when the pursuer started civil action against the defender.

B. How many names and council tax accounts are on the single complaint form provided to the court? We know that the orders are granted under the act of sederunt. Thus, naturally the process will follow the act of sederunt by the pursuer filling out a single complaint form.

C. The total fee paid into the court a long with the single complaint form.

D. The total court fee paid for gaining this single summary warrant and certificate.

E. As these orders are granted in a court of law and under the act of sederunt. Provide the length of the court hearing being defended or undefended.

F. As edinburgh council is the billing authority. The total costs awarded to billing authority after the court case has finished.

Yours faithfully,

tommy wright

City of Edinburgh Council

Mr Tommy Wright

Our ref: 23362

Dear Mr Wright

Acknowledgement of Request

Subject: Costs for one summary warrant issued by the sheriff court

Thank you for your request for information received on 01/05/2019. I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 31/05/2019 to respond to your request.

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Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Tommy Wright

[FOI #572227 email]

Our ref: 23362

Dear Mr Wright

Request for Clarification

Subject: Costs for one summary warrant issued by the sheriff court

Thank you for your request for information of 01/05/2019 in which you asked the following:

Costs for one summary warrant issued by the sheriff court
Being that council tax is a civil matter, taking place in a court of law, and that the courts have informed me that the process and orders are granted under the act of sederunt. And that due process of law ensures that the courts not only remain independent but follow the strict impartial rules of fairness under the national and international laws.

Going as far back as is reasonable (eg 20 years), up to the most recent date available. Please provide me with a table of information for the following questions.

A. As this is a civil court case. The date of hearing of the court case when the pursuer started civil action against the defender.

B. How many names and council tax accounts are on the single complaint form provided to the court? We know that the orders are granted under the act of sederunt. Thus, naturally the process will follow the act of sederunt by the pursuer filling out a single complaint form.

C. The total fee paid into the court along with the single complaint form.

D. The total court fee paid for gaining this single summary warrant and certificate.

E. As these orders are granted in a court of law and under the act of sederunt. Provide the length of the court hearing being defended or undefended.

F. As edinburgh council is the billing authority. The total costs awarded to billing authority after the court case has finished.

Unfortunately, we cannot identify the information you have requested from the details you have provided. To help us meet your request, could you please provide the following:

The questions raised in this FOI appear to relate to the Council Tax recovery process in England and Wales which is different from Scotland, particularly from the stage when a summary warrant is granted. Hopefully the explanation below will help to clarify:

• There is no Court case or hearing (referred to in A, E & F).
• In Scotland a petition list is taken to the Sheriff Court for the Sheriff to sign, therefore giving authority to grant the summary warrant, rather than a single complaint form (referred to in B & C).
• Irrespective of the size of the petition list, which can contain details of hundreds or thousands of names, the fee to the Sheriff Court is around £70, so a nominal amount per Council Tax account (referred to in C & D).

Information on how to ask for information can be found on the Scottish Information Commissioner's website at the following link: http://www.itspublicknowledge.info/YourR...

Please can you advise what specific information you feel that the Council holds in respect of your request?

On receipt of these further details, we will respond to your request within 20 working days. Please note that the statutory 20 working day deadline for responding to your request does not start until we receive the requested clarification from you.

If we do not hear from you within 40 working days, we will assume that you are no longer seeking the information you have requested and we will take no further action.

If you wish to discuss further, please get in touch. Please quote the reference number above in any future communications.

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Mark Hepworth
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

You mentioned that there is no court case or hearing. However, the court grants a court order and the certificate to the council.
Question 1. How can a court not have case or hearing that should follow the rules of due process of law and be impartial, and then grant a court order that favors the council without a hearing being held?

You mentioned that there is no complaint form but instead a petition list and you need the authority of the Sheriff to pursue.
Question 2. Why does the sheriff sign this list when a sheriffs job in a court of law is protect due process of law, national and international laws and human rights, as well as court procedures?

You also mentioned that the council pay a single fee of around £70, regardless of how many is on a list.
Question 3. Why do the sheriffs officers who are acting as debt collectors charge each person on this list a warrant and other fees of more than £70. When only a single fee was paid by the council?

Yours faithfully,

tommy

tommy left an annotation ()

You couldn't make this up.

tommy left an annotation ()

Observance of due Process of Law (1368)
None shall be put to answer without due Process of Law.
ITEM, At the Request of the Commons by their Petitions put forth in this Parliament, to eschew the Mischiefs and Damages done to divers of his Commons by false Accusers, which oftentimes have made their Accusations more for Revenge and singular Benefit, than for the Profit of the King, or of his People, which accused Persons, some have been taken, and [X2sometime] caused to come before the King’s Council by Writ, and otherwise upon grievous Pain against the Law: It is assented and accorded, for the good Governance of the Commons, that no Man be put to answer without Presentment before Justices, or Matter of Record, or by due Process and Writ original, according to the old Law of the Land: And if any Thing from henceforth be done to the contrary, it shall be void in the Law, and holden for Error

Information Rights Officer 1, City of Edinburgh Council

Mr Tommy Wright

[FOI #572227 email]

Our ref: 23362

Dear Mr Wright

Request for Clarification

Subject: Costs for one summary warrant issued by the sheriff court

Thank you for your email below. The service area have responded to your points as follows:

In relation to Q1 & Q2 please refer to the relevant legislation as follows:

The Council Tax (Administration and Enforcement) (Scotland) Regulations 1992, regulation 30
http://www.legislation.gov.uk/uksi/1992/...

The above specifies what should be included in the certificate when applying for a summary warrant.

Local Government Finance Act 1992, schedule 8, paragraph 2
http://www.legislation.gov.uk/ukpga/1992...

The above explains the obligation on the sheriff to grant the summary warrant if the certificate applying for the summary warrant meets the requirement of the previous item of legislation.

Q3

The fee paid by the Council is a fixed Court cost for the sheriff granting the summary warrant. This then allows the local authority to apply 10% costs (a statutory requirement) to the full amount outstanding for the financial year in question. At summary warrant stage most Council Tax accounts are passed over to a firm of Sheriff Officers to collect the arrears. The Sheriff Officer may have cause to serve a charge for payment on a customer which allows them to carry out diligence such as an earnings or bank arrestment. The charge for payment and any subsequent diligence carried out each has a set fee which is retained by the Sheriff Officer.

I hope this helps to explain. Information on how to ask for information can be found on the Scottish Information Commissioner's website at the following link:

http://www.itspublicknowledge.info/YourR...

Please can you advise what specific information you feel that the Council holds in respect of your request?

Yours sincerely,

Mark Hepworth
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[email address] www.edinburgh.gov.uk

show quoted sections

Dear Information Rights Officer 1,

1) The council attains one summary warrant, or say they do as the alleged defendant isn't provided with any court documentation relating to such a court case, and then the sheriffs charge each person a summary warrant fee when only one warrant was granted. You don't see that as fraudulent?

2) The granting of this summary warrant is unlawful as it didn't comply with due process of law, international human rights, the universal declaration of human rights, the international covenant on civil and political rights, and the international covenant on economic, social and cultural rights AKA the international bill of rights.

3) The sheriff who's oath is to up hold the law of the land and ensure that correct procedures and that due process of law has taken place. The sheriff who serves the public shouldn't be obligated to bow down to pressure from anybody or from any corporation. The sheriff must also ensure that a fair hearing takes place and up keep their oaths.

4) The alleged defendants can't even apply or appeal such alleged judgements in a court of law.

5) It seems that a judicial review can't take place.

6) This whole process contradicts the core and fundamental principles of a democracy. The process violates basic human rights.

l could go on and on and on.

Yours sincerely,

tommy

tommy left an annotation ()

Government is limited to acting within the law and cannot make up rules to suit its con-venience as they have clearly done in this case. The law applies to everyone, including those who govern. No one is above the law. The People do not give power to government to oppress or abuse, but rather to protect their fundamental rights, interests, and welfare. This is painting a picture to me that we are being ruled by what appears to be a gang.