Council Tax - running account ?

Waiting for an internal review by Maidstone Borough Council of their handling of this request.

Dear Maidstone Borough Council,

Please provide the definition of a "running account" for council tax.

Please also state under the FOI Act its purpose and what it is used for.

Yours faithfully,

master powel

ComplaintsAndFOI (MBC), Maidstone Borough Council

Hi Sheila,

Any thoughts on this one?

Do we have anything in writing that can provide a definition, purpose and use? Or can we just respond that we don’t hold the information?

Thanks,

Sam

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ComplaintsAndFOI (MBC), Maidstone Borough Council

Dear Master Powel,

FREEDOM OF INFORMATION ACT REQUEST FOI 5383

You wrote to us on 7 June to request information on a 'running account'.

I am writing to advise you that following a search of our paper and electronic records, I have established that the information you requested is not held by this Council.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of my decision, you should write to Mr John Scarborough, Head of Legal Services, Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ, explaining your reasons for complaining or requesting a review.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely,

Samuel Bailey
Research and Information Officer
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602263 f 01622 602978 w www.maidstone.gov.uk

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Dear ComplaintsAndFOI (MBC),

I am sure if you re-check with Sheila Coburn you should be able to provide a definition, purpose and use.

Although it may be referred to as a council tax running fund.

Yours sincerely,

master powel

Dear Maidstone Borough Council,

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

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'Council Tax - running account ?'.

Samuel Bailey has been asked to re-check with Sheila Coburn as to the council tax running fund and there has been no reply forthcoming, hence this internal review.

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,

master powel

Gary Rowland,

Dear master powel,

I am writing following your request for an internal review of FOI #5383
‘Council Tax – Running Account’. Please accept my apologies for the delay
in responding to you.

Having checked with both our Finance and Council Tax departments, we have
no accounts referred to as a Council Tax Running Account or Council Tax
Running Fund.

If you are able to confirm what you believe to be the purpose of these
accounts, we can look to see whether we have any account by another name
that achieves that purpose.

If you are not content with the outcome of your review, you may apply
directly to the Information Commissioner for a decision.  The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Kind Regards

 

 

Gary Rowland | Legal Assistant | Contracts & Commissioning

Mid Kent Legal Services | Maidstone, Swale and Tunbridge Wells Borough
Councils

Swale Borough Council, Swale House, East Street, Sittingbourne, Kent ME10
3HT

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ

Tunbridge Wells Borough Council, Town Hall, Civic Way, Tunbridge Wells,
TN1 1RS

Tel: (01622) 602276   Email: [1][email address]

[2]www.swale.gov.uk     
[3]www.maidstone.gov.uk       [4]www.tunbridgewells.gov.uk

    

 

References

Visible links
1. mailto:[email address]
2. http://www.swale.gov.uk/
3. http://www.maidstone.gov.uk/
4. http://www.tunbridgewells.gov.uk/

Dear Gary Rowland,

Documented evidence confirms that a member of your council tax staff produced a copy of a screen shot of a internet payment entitled ' Account Balances and Transactions' that was referred as a 'running account' by your solicitor agents.

Yours sincerely,

master powel

Sam Bailey, Maidstone Borough Council

Dear master powel,

 

Under the Freedom of Information Act we are only required to provide
information that we hold.

 

I can confirm that we do not have any accounts titled “Council Tax Running
Account” or “Council Tax Running Fund”.

 

If you are not content with the outcome of your review, you may apply 
directly to the Information Commissioner for a decision.  The Information 
Commissioner can be contacted at: The Information Commissioner’s Office, 
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

Kind Regards

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Dear Sam Bailey,

If you do not have any accounts titled " Council Tax Running Account" or
'Council Tax Running Fund" what do you call it ?

Yours sincerely,

master powel

Dear Sam Bailey,

You have not answered and Your council tax staff will hold this information as will your solicitor agent , unless you are stating that your solicitors agent can make up names to suit their and the council's agenda.

'If you do not have any accounts titled " Council Tax Running Account" or
'Council Tax Running Fund" what do you call it ?'

'Documented evidence confirms that a member of your council staff (Sheila Coburn) produced a copy of a screen shot of a internet payment entitled ' Account Balances and Transactions' that was referred as a 'running account' by your solicitor agents (Andrew Morrell).'

Yours sincerely,

master powel

Sam Bailey, Maidstone Borough Council

I am currently on leave until 19 September.

 

If your enquiry is urgent please contact another member of the Policy and
Information Team by emailing complaintsand[Maidstone Borough Council request email].

 

If your enquiry is about a complaint or FOI and you need to speak to
someone on the phone, please call 01622602640

 

Thanks,

 

Samuel Bailey

Research and Performance Officer

Policy and Information Team

Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent

ME15 6JQ

t 01622 602263 f 01622 602978 w [1]www.maidstone.gov.uk

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Maidstone Borough Council,

Surely someone else must be covering your holiday period ?

Maidstone Borough Council have had from the 7 June 2016 to answer.

Yours faithfully,

master powel

Dear Maidstone Borough Council,

Maidstone Borough Council stated on 12 September that Sam Bailey was on holiday until 19 September.

'You have not answered and Your council tax staff will hold this information as will your solicitor agent , unless you are stating that your solicitors agent can make up names to suit their and the council's agenda.

'If you do not have any accounts titled " Council Tax Running Account" or
'Council Tax Running Fund" what do you call it ?'

'Documented evidence confirms that a member of your council staff (Sheila Coburn) produced a copy of a screen shot of a internet payment entitled ' Account Balances and Transactions' that was referred as a 'running account' by your solicitor agents (Andrew Morrell).'

Yours faithfully,

master powel

Dear Maidstone Borough Council,

council tax unlawful bankruptcy merchants of menace shylock & shysters

https://www.youtube.com/watch?v=jo9ATAxt...

Yours faithfully,

master powel

fFaudwAtch UK (Account suspended) left an annotation ()

I was forced to research a number of ancient cases concerning appropriation of payment to produce representations in defence of a false claim by North East Lincolnshire Council to Grimsby Magistrates' court for non-payment of Council Tax.

The Council relied on the case of Devaynes V Noble 1816 merivale 529 (“Clayton”) which referred to a "running Account". One of the papers I submitted (which the District judge Daniel Curtis refused to consider) dealt almost exclusively with the appropriation of payments.

Those representations (see link below) mention a "running Account" in paragraphs 63 and 65. See also paragraph 73 below:

https://www.scribd.com/document/28772478...

" 73. In the present case, it appears that none of the authorities on which the Council seeks to rely are of any assistance. Notwithstanding the suspended costs from the account to which monies have been allocated, and that the election would have otherwise been inferred from circumstances, it is misconceived to assert that its software is correctly set to appropriate monies to the earliest account when neither party specifies. The rule, in the Clayton case cannot apply in a system whereby the accounts relate, as they do in council tax, to ‘distinct insulated debts, between which a plain line of separation could be drawn’ (see above para 64). "

P.S. Hope the above is relevant and useful. If there are any cases/document referred to in the representation let me know and I'll see if I can provide a link.

Dear Maidstone Borough Council,

Is this what Maidstone Borough Council rely on the case of Devaynes V Noble 1816 merivale 529 (“Clayton”) which referred to a "running Account".

The election would have otherwise been inferred from circumstances, it is misconceived to assert that its software is correctly set to appropriate monies to the earliest account when neither party specifies. The rule, in the Clayton case cannot apply in a system whereby the accounts relate, as they do in council tax, to ‘distinct insulated debts, between which a plain line of separation could be drawn’.

With thanks to fFraudwAtch UK annotation.

Yours faithfully,

master powel

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