Council Tax Fraud

Council Tax Fraud

Postby Boatie » Thu Aug 04, 2011 11:06 pm

Hi there, I've been reading through a few of these forums in the past 3 months and am loving this path. I've been reading the Fraud Act 2006 (Something I wouldn't ever have thought I'd be doing only six months ago!) and couldn't help laughing my ass off!!

Ok, I was sent a summons from birmingham city council to appear before their private arbitration court on 10th Aug. I've settled the matter via an A4V (only sent today) to the CFO of the council. I went to watch a couple of cases yesterday and was appalled by the callousness of the clerk and solicitor (not to mention the monk-like retiscence of the appointed defendant's solicitor).

The people at the Magistrates court admitted that Birmingham City Council send out their own summones (and openly admit that the council hire out the room!) There is no wet signature on the summons. Basically, it's the council sending this out pretending that it's from the Magistrate's Court.

So, the Fraud Act 2006 Section 2 states 'A person is in breach of this section (Fraud by False Representation) if he (?) dishonestly makes a false representation..." The council can be done for fraud? Am I missing some point or is this the ludicrious reality of legal wonderland?

This is where I am in my understanding so far- does anyone know how one takes the council to court over this, or where and how it can be reported? Would a counterclaim bring a case against the council or is it better to send a special 'complaint' notice to the council?

I'm feeling that they somehow need to be called to account, I'm certain I'm not the only one who's thought about this.

Many Thanks
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Re: Council Tax Fraud

Postby Mog » Fri Aug 05, 2011 6:06 pm

As I see it the claim is that the liability order gives them the right to enter your home and take goods to be auctioned off in order to settle your debt, it sounds “official” and they make it look like a court order so I guess most people are fooled and rather than lose their beloved flat screen and miss eastenders they pay up.

I currently have 3 of these “liability orders” active but despite threats to call early in the morning or evening time the bailiffs have only managed to catch me in once, they said that they were here to arrange payment and when I replied that the claim was disputed they didn’t have a lot more to say. However they did post a form stating that goods to be seized were my ford focus with keys and documents, last week another letter was hand posted saying they had called while I was at work and the visit had raised my bill by £180 !!!

Now on the doorstep they did not claim that they had a court order which is what I am waiting for, guess it was because I sounded a little too much like I knew my rights, anyway the plan is to record them stating that they have a “court order” and then call the police saying someone is fraudulently trying to get into my home and present them with the evidence and a copy of article 2 from the fraud act 2006 to see if they do their duty and arrest the bailiff.
Think I need to act a little stupid to get them to say it’s a court order, any ideas ?
"If you have ten thousand regulations, you destroy all respect for the law. "

Winston Churchill
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Re: Council Tax Fraud

Postby spiker » Tue Aug 16, 2011 8:26 am

Just go to this link for guidance on the Bxxxtxds
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