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Council Tax Administrative Process

I would just like to put the following information out as people still do not seem to understand the situation with Council Tax and the administrative process used to enforce it. This information is also relative to other matters regarding civil debt.

With the arrest and imprisonment of Roger Hayes for “withholding” council tax being publicised I have put all the information we have regarding Council Tax and the administrative process used by councils. All the links are to articles written some time ago on the site.

There is absolutely no need to be arrested or imprisoned for any debt or administrative bankruptcy through council tax. People using freeman arguments and not responding properly are getting well meaning people into trouble. This is not an article in any way relating to the actual case of Roger Hayes but relates to the amount of people who still have a basic misunderstanding of the process.


People stating stuff about common law in places of administration are speaking a different language, it is of no relevance to the proceedings.

Having outstanding council tax from 2009 I have not heard anything about repayment. When the “court office” called from the council in early 2010 asking for repayment from the previous year I asked the so called court officers at the council for the COURT summons, they cannot provide it and neither can the court as there was no court involved. I also stated that the court had no record of any summons or liability order. I requested copies of the COURT summons. Nothing more on the matter was ever heard.

I wrote an article for the site two years ago called “How not to get summonsed for non payment of council tax”. 


http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/59-council-taxupdate-on-how-not-to-get-summonsed-for-non-payment-of-council-tax This article was written in 2009. 

I then followed the whole process up in later articles including Council tax bankruptcy petitions and also Administrative courts (council tax and CSA ) unlawful.

http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/123-administrative-courts-unlawful-halsburys-law

Important points to remember:

1 The council print the summons

2 The council hire the room for the day in a building which can often otherwise be used as a court.
 

 3 The “magistrate”s are working for the council, they are there merely to ask if the “liable” person is present

 4 There cannot be contempt of court as it is merely a place of administration. 

5 The council print a Notice of liablity. There is no liablity to the court, they are not involved. The notice of liability is in my experience printed before the “court case” by the council.

(See Councils Courts and Conmen on YouTube)

http://www.youtube.com/watch?v=caQcx0H17fo&list;=UU7FuxUztogk-TZPEwrs3MKw&ind;ex=3&feature;=plcp andhttp://www.youtube.com/watch?v=QwIAYQVgQms&feature;=relmfu

6 The so called case number on the summons is a council generated number, not a court case number.
 

7 When contacted about a council tax case number the court will tell you it is a council not a court matter
 

8 It can be stated that the council commit fraud and perjury under the Administration of Justice Act. Perjury as they print a Crown Seal on the “summons”. There are however rulings which can argue against this. The Farley Ruling which related to liability orders made by The CSA which are by their own admission inflated and not based on any purely factual assessment. Part of the ruling states “The magistrates court was precluded from entertaining a challenge to the quantification or validity of a maintenance assessment”. It goes on “The court must proceed on the basis that the maintenance assessment in question was lawfully and properly made”. (Kangerooo court) 
 

9 The council where I live charge £120 pounds for each summons (thats their profit) they print with £3 “court costs”, which could go towards the hire of the room.
 

10 After revealing this in 2009 The MOJ website put up a damage limitation PR article stating that a few councils had been printing summonses. This was untrue, every council I have come across prints the summons.

Here are rulings to use against council printed summonses:

http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/94-rulings-to-use-in-court-for-council-tax-and-csa-summonses

I was also incorrectly served with a statutory demand, the first stage of bankruptcy by a “process server” this was thrown over my gate and not served. I threw it back in his car and he threw it onto the pavement. I went through the correct procedure to set it aside, it was ignored. I was told by a man in the bankruptcy section at The Royal Courts of Justice that the councils were doing this very regularly and even served him with bankruptcy when he owed them nothing. (This administrative bankruptcy may have now ceased as someone in the courts system may have seen stopped it. Please let me know if it is still going on.). 


I printed my bankruptcy petition on the website. Council Tax Statutory demands and bankruptcy petitions.

 http://landofthefree.co.uk/site/component/content/article/1-latest-news/107-council-tax-update-statutory-demands-bankruptcy-petitions-and-the-setting-aside-of-unrebutted-affi

The bankruptcy petition for The Royal Courts of Justice was unsigned, with no real name and voided by several spelling mistakes and incorrect information.

The whole point is that to save and make money councils have been doing this since the 90s. 

It appears that the bankruptcy scam may not be as popular with councils as I havent heard of it recently.

If you appear at a bankruptcy hearing you are there to settle with a creditor. The judge only wants to know if and how much you can pay. It then involves a third party The Insolvency service.

The reason councils can get away with this is that it is true that a statutory demand can be served for amounts over £750 pounds. Anything lower than this has to go to bailiffs or really just “debt collectors”. There are many articles regarding the debt collectors used by councils on the site. 

 
I have told the people in the council tax dept all this and always tell them to go and look at my articles on the site. The  public servants who are administering the process are most often completely ignorant of the process they are helping to enforce. This is of course what bank owned  and government backed corporations want. 

All the above was accurate at the time of writing. Please contact us with any useful information. This is not intended as legal advice but is based on fact.

Origin source: https://web.archive.org/web/20160421093745/http://www.landofthefree.co.uk/site/component/content/article/1-latest-news/133-council-tax-the-administrative-process-all-you-need-to-know