Council Tax - An unjust law is a code that is out of harmony with the moral law

Waiting for an internal review by The Local Government and Social Care Ombudsman of their handling of this request.

Mrs. S Metcalfe

Dear Local Government Ombudsmen,

Council Tax - An unjust law is a code that is out of harmony with the moral law

Please provide under the FOIA the law, custom or policy that states tha a council "Customer " must inform the council ahead of time that they will will be paying a sum to reduce the council tax bill to below the old Bankrutpcy level of £750 or the new level of £5000 in advance of the payment ?

Please also provide the precise section of the law, custom or policy that states unless a customer informs the council inadvance, ( even though they have been given no advance knowledge of this requirement by the council ) the council will take it upon themselves to keep any money the customer pays and will apply it to an earlier council tax liability order already secured on their home by a county court charging order .

Please provide your definition of "Customer" and what they can expect to receive in the way of transparent services .

Yours faithfully,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

fFaudwAtch UK (Account suspended) left an annotation ()

Paragraph 113 of the case between Eon Energy Ltd v The Brackley Anitique Cellar Ltd 2013:

http://www.39essex.com/docs/general/eon_...

Appropriation

113. The law is as set out in Chitty on Contracts 31st Edn at Paras 21-060 to 21-061 which states:

“where several debts are due from the debtor to the creditor, the debtor may, when making a payment, appropriate the money paid to a particular debt or debts, and if the creditor accepts the payment so appropriated, he must apply it in the manner directed by the debtor. If however the debtor makes no appropriation when making the payment, the creditor may do so.

It is essential that an appropriation by the debtor should take the form of a communication, express or implied, to the creditor of the debtor’s intention to appropriate the payment to a specified debt or debts so that the creditor may know that his rights of appropriation as creditor cannot arise. It is not essential that the debtor should expressly specify at the time of the payment which debt or account he intended the payment to be applied to. His intention may be collected from other circumstances showing that he intended at the time of the payment to appropriate it to a specific debt or account. Thus, where at the date of payment some of his debts are statute barred and others are not, it will be inferred (in the absence of evidence to the contrary) that the debtor appropriated the payment to the debts that were not so barred”.

fFaudwAtch UK (Account suspended) left an annotation ()

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mrs Metcalfe

What you ask for is not information the Local Government Ombudsman can provide. If you want to obtain legislation, you can go to www.legislation.gov.uk and view it on line.

If you wish to know a particular Council's policy and procedures, you will need to obtain it from that Council.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Mrs. S Metcalfe

Dear Foi Officer,

As I am sure LGO are aware legislation can be twisted and used to suit council's .

Please define the LGO definition of "Customer" and provide all reports including drafts reports you have produced that may contain recorded information on the moral code that council's should follow when collecting taxes . Are all council's local government ?

Yours sincerely,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mrs Metcalfe

We do not have a definition of 'customer' as it is not a term we use.

Published reports are available on our website. Draft reports are not available in response to FOI requests.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

fFaudwAtch UK (Account suspended) left an annotation ()

Paragraph 113 of the case between Eon Energy Ltd v The Brackley Anitique Cellar Ltd 2013:

http://www.39essex.com/docs/general/eon_...

Appropriation

113. The law is as set out in Chitty on Contracts 31st Edn at Paras 21-060 to 21-061 which states:

“where several debts are due from the debtor to the creditor, the debtor may, when making a payment, appropriate the money paid to a particular debt or debts, and if the creditor accepts the payment so appropriated, he must apply it in the manner directed by the debtor. If however the debtor makes no appropriation when making the payment, the creditor may do so.

It is essential that an appropriation by the debtor should take the form of a communication, express or implied, to the creditor of the debtor’s intention to appropriate the payment to a specified debt or debts so that the creditor may know that his rights of appropriation as creditor cannot arise. It is not essential that the debtor should expressly specify at the time of the payment which debt or account he intended the payment to be applied to. His intention may be collected from other circumstances showing that he intended at the time of the payment to appropriate it to a specific debt or account. Thus, where at the date of payment some of his debts are statute barred and others are not, it will be inferred (in the absence of evidence to the contrary) that the debtor appropriated the payment to the debts that were not so barred”.

SEE ALSO

Paragraphs 56, 57.....

https://www.scribd.com/doc/287724789/Def...

fFaudwAtch UK (Account suspended) left an annotation ()

Sorry! Just noticed the duplicate post.

Mrs. S Metcalfe

Dear Foi Officer,

What term does the LGO use if not customer ?

Please also answer the first and second part and confirm where is it states anywhere that anyone is required to inform the council ahead of time of any payment made etc .

Yours sincerely,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mrs Metcalfe

We refer to 'complainants' not 'customers'.

I have already responded to the rest of your original request and will not respond further.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Mrs. S Metcalfe

Dear Local Government Ombudsmen,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Local Government Ombudsmen's handling of my FOI request 'Council Tax - An unjust law is a code that is out of harmony with the moral law'.

LGO have not provided clarification.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Dear Foi Officer,

When will you be providing a response to this Intenal Review?

Yours sincerely,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mrs Metcalfe

We are not considering an internal review because you didn't make a valid request.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

Why is my FOI request not considered valid by the LGO ?

Yours sincerely,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

Foi Officer, The Local Government and Social Care Ombudsman

Dear Mrs Metcalfe

You have not made a request for information that we hold.

Yours sincerely

Hilary Pook
Information & Records Manager | DL: 0330 403 4734 |
Local Government Ombudsman's office |
www.lgo.org.uk |

show quoted sections

Dear Foi Officer,

How can the Local Governmenr Ombudsman maintain they do not hold any recorded information when it is your department that is responsible for holding council's to account if they break the rules , therefore you will be required to know what those rules are ?

Yours sincerely,

Mrs. S Metcalfe

Foi Officer, The Local Government and Social Care Ombudsman

This is to acknowledge receipt of your email. If you are making a request for information, you should get an acknowledgement from us within the next 2-3 days with a reference number and a date by which we will respond to your request. Please note, however, that this address is only for use in relation to requests for information made under the Freedom of Information Act and subject access requests made under the Data Protection Act. If your email is in relation to a new complaint please follow this link to a complaint form<http://www.lgo.org.uk/forms/ShowForm.asp...> or call 0300 061 0614 to speak to one of our Advisers, as the FOI Officer cannot deal with your complaint.

NOTICE - This message contains information intended only for the use of the addressee named above. If you have received this message in error please advise us at once and do not make any use of the information.

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