High Cost/Bulk Council Tax Liability Orders Impossible to Defend?

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Dear Billing Authority

Complaints to Magistrates for Council Tax (CT) Liability Orders.

Going as far back as is reasonable (eg 5 years), up to the most recent data available, Please could you provide me with a table of information under the following headings:-

1. Date Of hearing
2. Number of CT Accounts Listed on a Complaint
3. Total Court fee paid
4. length of hearing - defended/undefended
5. Number of CT accounts Liability Order made against
6. Total costs awarded to Billing authority
7. Actual cost of preparing for and attending the hearing.
8. Number of Accounts in name of a Limited Company?

Yours faithfully,

Lady Fleming

Freedom of Information, Elmbridge Borough Council

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Ltax, Elmbridge Borough Council

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Dear Lady Fleming,

I refer to your freedom of information request (copy below) and apologise
for the delay in reply.

The Council generally issues monthly complaints and holds monthly court
hearings. The total number of summons cases and liability orders issued
each year are:

2014/15:              Total on Complaint: 3,574             Total
Liability Orders obtained:  2,300                     (Limited
Co.                Complaint: 168  Liability Order:  110         )

2015/16:              Total on Complaint: 2,909             Total
Liability Orders obtained:  2,107                     (Limited
Co.                Complaint: 119  Liability Order:  56           )

2016/17:              Total on Complaint: 3,554             Total
Liability Orders obtained:  2,640                     (Limited
Co.                Complaint: 187  Liability Order:  84           )

2017/18:              Total on Complaint: 4,365             Total
Liability Orders obtained:  3,333                     (Limited
Co.                Complaint: 316  Liability Order:  176         )

2018/19:              Total on Complaint: 4,430             Total
Liability Orders obtained:  2,978 (to date)  (Limited Co.               
Complaint: 308  Liability Order:  162         )

In each case up to 21 July 2018, hearing costs of £3.00 per complaint were
payable to the court. This cost was reduced to 50p per complaint case from
21 July 2018.

Costs were awarded to the Council of £64.00 per complaint case. Liability
Order costs of £29.00 were awarded in each case were a Liability Order was
granted. In some instances costs may not have been awarded but I am afraid
individual details of those individual cases are not easily traceable.  In
a number of cases costs may not be recoverable, e.g. where later
information found the summons was incorrect etc. Details on the length of
each hearing and number that defended their case in court are not held.

The costs are awarded by the court. In addition to preparing solely for
each hearing and attendance at the hearing, costs associated with the
application such as ICT system costs and maintenance, all staff time and
associated costs in producing and fielding all enquires, accommodation and
support costs, stationery/postage etc.  would be factors following
instigation of recovery up to the grant of a Liability Order for the
court’s consideration when awarding costs.

The totals For Limited companies (also included in other totals) are shown
above.

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information.  It provides much information outside the provisions of the
Freedom of Information Act and it will continue to do on a “business as
usual” basis.  Persons do not need to engage the statutory provisions to
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Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10
9SD. 

Should you then remain dissatisfied at the outcome of that process, you
are entitled to appeal against the decision by contacting:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. 

Telephone:  0303 123 1113 or 01625 545 745

Website:  [1]www.ico.gov.uk

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reliance on material contained.

Yours sincerely,

Colin McKay

Revenues Officer

Elmbridge Borough Council

Telephone: 01372 474474

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