Undefended/Bulk Liability Orders = Extortionate Costs
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.
Yours faithfully,
Lady Fleming
Dear Lady Fleming
Thank you for your Freedom of Information Request received on the
05/02/2019.
Reference 3486 has been applied to your request which will be looked into
and a response provided within 20 working days.
Should you have any queries in the meantime, please contact the Freedom of
Information Team at [1][Braintree District Council request email]
Kind Regards
Lucy Day
Performance & Improvement Apprentice
Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB
01376 552525| [2]www.braintree.gov.uk
References
Visible links
1. mailto:[braintree%20district%20council%20request%20email]
2. http://www.braintree.gov.uk/
Dear Lady Fleming
I am writing regarding your Freedom of Information request received by the
department on the 5 February 2019
The Freedom of Information Act enables access to information held by the
Council, subject to the exemptions contained within the Act. The Act does
not require the Council to create information to respond to a request if
the requested information is not held, nor to give an opinion or comment.
Please find our response to your Freedom of Information request below:
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.
See attached data sheet.
Please note : In response to question 4 the Council doe not hold this
information and In response to question 7 the Council does not hold this
cost information as there is no business need to calculate the
information. The Council is not required to create information in order to
respond to freedom of information requests. Notwithstanding the above the
Council can advise that the:
cost of Summons's are £65 and
costs of Liability Orders are £30
If you disagree with the Council’s decision in respect of your freedom of
information request or are otherwise unhappy with how the Council has
dealt with your request in the first instance you may approach Emma Wisbey
Governance and Member Manager in writing at the following address:
Braintree District Council, Causeway House, Bocking End, Braintree, Essex,
CM7 9HB.
Should you remain dissatisfied with the outcome you have a right of appeal
under S50 of the Freedom of Information Act to appeal against the decision
by contacting the Information Commissioner, Wycliffe House, Water Lane,
Wilmslow SK9 5AF, [1][email address]
Kind regards
Mike Gosling
Performance & Information Officer
Braintree District Council | Causeway House, Bocking End, Braintree, CM7
9HB
01376 552525| [2]www.braintree.gov.uk
References
Visible links
1. mailto:[email%20address]
2. http://www.braintree.gov.uk/
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P Porter left an annotation ()
"In response to question 7 the Council does not hold this cost information as there is no business need to calculate the information."
They are required by law to hold this information. Besides, the guidance states the following at paragraph 3.4:
https://assets.publishing.service.gov.uk...
"3.4 Local Authorities are reminded that they are only permitted to charge reasonable costs for the court summons and liability order. In the interests of transparency, Local Authorities should be able to provide a breakdown, on request, showing how these costs are calculated. While it is likely that authorities will have discussed costs with the Clerk to Justices it should be recognised that the Court may wish to be satisfied that the amount claimed by way of costs in any individual case is no more than that reasonably incurred by the authority. "