Sham Ombudsman Decision Ref: 15 020 295

The request was partially successful.

fFaudwAtch UK (Account suspended)

Dear Local Government Ombudsmen,

In reference to pages 370 and 371 ( http://tinyurl.com/ju2pokj ), the Summary of the Ombudsman's Final Decision states that:

"The Ombudsman will not investigate this complaint that the Council allocated council tax payments to the wrong account. The courts are better placed to deal with this matter."

The matter perfectly qualified to be dealt with by the LGO (not the courts) because the law already rules on how payments must be allocated. Some billing authorities follow the relevant laws, but the majority do not causing potentially hundreds of thousands of Council Tax payers the injustice of being subjected to unwarranted recovery and the imposition of incurring summons costs, bailiff fees etc.

If the LGO was a genuine organisation acting in the interest of oppressed Council Tax payers, a decision finding the council at fault by the way it misallocates payment should have been made in the public interest.

Q. I would like to know whether the Ombudsman herself knows that the complaint was considered improperly and not in the public interest?

Yours faithfully,

fFaudwAtch UK

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 fFaudwAtch UK

This is to acknowledge your request below. We will aim to respond within 20 working days, that is, by 17 October. If we are unable to meet that deadline, I will contact you again to explain why.

Yours sincerely

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

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Foi Officer, The Local Government and Social Care Ombudsman

2 Attachments

Dear fFaudwAtch UK

Please see letter attached in response to the request below.

Yours faithfully

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

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fFaudwAtch UK (Account suspended)

Dear Foi Officer,

Quote:

"You asked “whether the Ombudsman herself knows that the complaint was considered improperly and not in the public interest?”

The answer is no, the Ombudsman does not know that – because the complaint was not considered improperly or against the public interest." "

You have left me no alternative than to submit a report to the police about the Local Government Ombudsman obtaining public money by false pretenses.

reckless use of

Yours sincerely,

fFaudwAtch UK

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.

Derick Barnes left an annotation ()

LGO's seem just to be a toothless Government quango now.

fFaudwAtch UK (Account suspended)

Dear Foi Officer,

R v Miskin Lower Justices (1953) held that where an amount obviously relates to a specific liability, it would be an unwarranted assumption to allocate the payment elsewhere.

It could be drawn from the law of appropriation (Debtor’s rights) set out in Chitty on Contracts (31st Edition) Volume 1 at Para 21-061 that where the purpose for which a payment is made is unspecified it must be carried to the account which it is most beneficial to the debtor to reduce:

“DEBTOR'S RIGHT TO APPROPRIATE. 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.”

Yours sincerely,

fFaudwAtch UK

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.

Neil Gilliatt (Account suspended) left an annotation ()

Southwark Borough Council for some reason recently changed the way its council tax processing system automatically allocates payments where the amount paid does not exactly match an instalment.

The Council's 7 December 2016 response (FOI 720193) states that:
https://www.whatdotheyknow.com/request/3...

With effect from 10 October 2016 payments are allocated as follows:

• Payments received that exactly match an instalment are automatically allocated to the year the instalment relates to.

• If the payment amount does not exactly match an instalment the payment is automatically ALLOCATED TO THE MOST RECENT FINANCIAL YEAR.

• If a payment has been received in respect of a particular Liability Order (e.g. subject to an Attachment of Earnings, Attachment of Benefits or a Charging Order) it is manually allocated to the financial year(s) the Liability Order in question related to.

Prior to 10 October 2016, payments that did not exactly match an instalment and were not received to settle a particular Liability Order were ALLOCATED TO THE OLDEST DEBT FIRST.

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