Council tax liability order

Dean Lacey made this Freedom of Information request to Medway Council

Response to this request is long overdue. By law, under all circumstances, Medway Council should have responded by now (details). You can complain by requesting an internal review.

From: Dean Lacey

24 April 2012

Dear Medway Council,
Please kindly inform me of the official process of gaining a
council tax liability order, also please inform me of who holds the
'true
And original liability order" .

Yours faithfully,

Dean Lacey

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From: Customer First Auto Response
Medway Council

24 April 2012

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From: arney, michelle
Medway Council

1 May 2012

Dear Mr Lacey
 

Thank you for your request for information, received on our
website on 25th April 2012 .

 

We are dealing with your request under the Freedom of Information Act 2000
and hope to be able to complete the request within 20 working days.

 

We may have to apply exemptions to the information that you have requested
which could mean that all of part of the information  you have requested
may be withheld. There may be information that you have requested that
will need to be subject to a public interest test or liaison with
an external agency or company which could mean the 20 day deadline will be
exceeded.

 

If such an instance arises where it is not possible to return the
information you have requested within the 20 working day deadline you will
be informed as soon as possible.

 

If you need to make further contact regarding your request please use the
reference number above.

 

For further information on the Freedom of Information Act 2000, the
exemptions and how your request will be dealt with you can log onto the
Medway Council website at 

[1]http://www.medway.gov.uk/councilanddemoc...

 

Yours sincerely

 
Sue Blanks
Interim Customer Relations Team Leader
Business Support Services
Gun Wharf
01634 331086
[email address]
 

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From: Dean Lacey

2 May 2012

Dear arney, michelle,

Thank you for your reply. I am a bit confused about the response as
you refer to outside agencies. I believe this could only be HMCS
however that said im sure the council would know who holds the
original document. Maybe im wrong however all other loal
authorities have answered my question.

Yours sincerely,

Dean Lacey

Link to this

From: arney, michelle
Medway Council

23 May 2012

Dear Mr Lacey

 

Response via Email

 

Request for Information Reference Number RFI/ 101000001781

 

Further to your request for information received on 25 April 2012.

 

The information you have requested is as follows:

 

Please kindly inform me of the official process of gaining a council tax
liability order, also please inform me of who holds the 'true And original
liability order"

Details concerning the process of gaining a liability order can be found
at
[1]http://www.medway.gov.uk/councilanddemoc...

 I can also confirm that both the Council and the Magistrates Court retain
copies of the liability orders awarded.

 

If you are unhappy with the information we have provided or wish to
complain about any other issue regarding the Freedom of Information Act
(FOIA) 2000 please refer to our website at

[2]http://www.medway.gov.uk/councilanddemoc...

 

Further information on the FOIA 2000, the exemptions and how requests are
dealt with, can also be found on our website site at 

[3]http://www.medway.gov.uk/councilanddemoc...

 

Yours sincerely

 

 

 

 

Sue Blanks

Interim Customer Relations Team Leader

 

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http://www.medway.gov.uk/councilanddemoc...
2. http://www.medway.gov.uk/councilanddemoc...
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3. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...

Link to this

From: Dean Lacey

24 May 2012

Dear arney, michelle,

Thank you for your response however as stated in my original FOI
request i am still unaware of who holds the "Original" liability
order. You have stated that both medway magistrates and medway
council both hold "copies" of the liability order.

As stated please inform me of who or what organisation or authority
holds the true and originally signed liability order.

Yours sincerely,

Dean Lacey

Link to this

From: arney, michelle
Medway Council

25 May 2012

Dear Mr Lacey

 

Request for Information Reference Number RFI/ 101000001781

 

Further to your request for information received on 25 April 2012 and your
recent email asking for further clarification

 

The information you have requested is as follows:

 

Thank you for your response however as stated in my original FOI
request  I  am still unaware of who holds the "Original" liability order.
You have stated that both medway magistrates and medway council both hold
"copies" of the liability order.
    
As stated please inform me of who or what organisation or authority holds
the true and originally signed liability order.

 
The Council response is as follows-

The Council presents two identical lists to the Court of accounts in
respect of which it is seeking liability orders.

Once the court is satisfied that the liability orders can be granted, the
magistrate signs two liability orders. One is attached to one list and
returned to the Council, the other is attached to the other and retained
by the Court. IE they both have an original signed copy.  

If you are unhappy with the information we have provided or wish to
complain about any other issue regarding the Freedom of Information Act
(FOIA) 2000 please refer to our website at

[1]http://www.medway.gov.uk/councilanddemoc...

 

Further information on the FOIA 2000, the exemptions and how requests are
dealt with, can also be found on our website site at 

[2]http://www.medway.gov.uk/councilanddemoc...

 

Yours sincerely

 

 

 

 

Sue Blanks

Interim Customer Relations Team Leader

 

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References

Visible links
1. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...
2. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...

Link to this

From: arney, michelle
Medway Council

25 May 2012

Dear Mr Lacey

 

Request for Information Reference Number RFI/ 101000001781

 

Further to your request for information received on 25 April 2012 and your
recent email asking for further clarification

 

The information you have requested is as follows:

 

Thank you for your response however as stated in my original FOI
request  I  am still unaware of who holds the "Original" liability order.
You have stated that both medway magistrates and medway council both hold
"copies" of the liability order.
    
As stated please inform me of who or what organisation or authority holds
the true and originally signed liability order.

 
The Council response is as follows-

The Council presents two identical lists to the Court of accounts in
respect of which it is seeking liability orders.

Once the court is satisfied that the liability orders can be granted, the
magistrate signs two liability orders. One is attached to one list and
returned to the Council, the other is attached to the other and retained
by the Court. IE they both have an original signed copy.  

If you are unhappy with the information we have provided or wish to
complain about any other issue regarding the Freedom of Information Act
(FOIA) 2000 please refer to our website at

[1]http://www.medway.gov.uk/councilanddemoc...

 

Further information on the FOIA 2000, the exemptions and how requests are
dealt with, can also be found on our website site at 

[2]http://www.medway.gov.uk/councilanddemoc...

 

Yours sincerely

 

 

 

 

Sue Blanks

Interim Customer Relations Team Leader

 

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References

Visible links
1. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...
2. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...

Link to this

From: Dean Lacey

25 May 2012

Dear arney, michelle,

Thank you for your response so it is fair to agree if only medway
council and the magistrates court hold the copies of the liability
order it i therefor not possible for a bailiff to claim he holds
the libility order to which he is trying to enforce ?

Yours sincerely,

Damian thompson

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Bret Tom O'Hawks left an annotation (25 May 2012)

Quote-marks Has anyone ever seen what a Liability Order looks like?

Camberwell Green Magistrate's Court (in London) do not hold the original liability order that Lambeth London Borough Council claim to have against me from that court. I went to the court clerk to ask for it but he said that they do not have it.
I asked the Council for the original liability order and they were unable to produce it.
The official register [http://www.trustonline.org.uk/search-you... for CCJs, administration orders and child support agency liability orders, high court judgments, fines defaults from magistrates courts, and tribunal awards, also have no record of the liability order.
This would mean that the council issued (and served) summons was fraudulent (and spurious in my specific case).
I conclude that the liability order never existed and so cannot be used by a county court registered bailiff.
Any attempt would be an harassment which would be a criminal act.

Link to this

Dean Lacey left an annotation (25 May 2012)

Quote-marks I dont think i could agree with you anymore !! Its a joke and a very sick one at that!! I will keep digging

Link to this

Bret Tom O'Hawks left an annotation (26 May 2012)

Quote-marks What's strange for me is that HMCTS do not hold a record of what Magistrate's Courts exists in the UK.
How are we to confirm if a place is in fact a Magistrate's Court and is authorised to perform judicial functions?
What is to stop me from setting up as a 'Magistrate' in my home and calling it 'Streatham Hill Magistrate's Court'? How about if I let my local corner shop to issue and serve summons on anyone who shops elsewhere?
This situation is clearly wrong and illegal but there appears to be no effective remedy.

Link to this

Dean Lacey left an annotation (26 May 2012)

Quote-marks Your bang on there!! Id love to give that. Try, have a look for the forgottonsoldier blog on wordpress some interesting tactics used by the council there.
Damian

Link to this

From: arney, michelle
Medway Council

11 June 2012

Dear Mr Lacey

 

Request for Information Reference Number RFI/ 101000001781

 

Further to your request for information received on 25 May 2012.

 

The information you have requested is as follows:

 
Thank you for your response so it is fair to agree if only medway council
and the magistrates court hold the copies of the liability order it is
therefore not possible for a bailiff to claim he holds the liability
order to which he is trying to enforce ?
 
Medways Councils response is as follows -
 
The Service Department have been contacted and they suggest that you
contact the Citizens Advice Bureau, a Solicitor or other form of
Independent advice .
 

 If you are unhappy with the information we have provided or wish to
complain about any other issue regarding the Freedom of Information Act
(FOIA) 2000 please refer to our website at

[1]http://www.medway.gov.uk/councilanddemoc...

 

Further information on the FOIA 2000, the exemptions and how requests are
dealt with, can also be found on our website site at 

[2]http://www.medway.gov.uk/councilanddemoc...

 

Yours sincerely

 

 

 

 

Sue Blanks

Interim Customer Relations Team Leader

 

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References

Visible links
1. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...
2. http://www.medway.gov.uk/councilanddemoc...
http://www.medway.gov.uk/councilanddemoc...

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From: Dean Lacey

11 June 2012

Dear sue blanks,

I did ask an independant advosir who says to ensire you receive a
difinitive answer contact medway council via FOI. So it is safe to
assume that the relevant department do not know themselves who if
anyone holds a true and original liability order. I also feel as
medway council are the ones who pay £3 for the liability order they
should know exactly who holds information of a personal nature
concerning my personal council tax account.

Yours sincerely,
Dean

Link to this

From: arney, michelle
Medway Council

12 June 2012

Thankyou for contacting the Council but we cannot add any more information to the recent Freedom of Information request responded to.

Michelle Arney
Temp. Customer Relations Compliance Officer

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