Another approach to Council Tax

Income Tax, Council Tax, National Insurance and VAT issues.

Re: Another approach to Council Tax

Postby pedawson » Sun Mar 21, 2010 2:38 pm

MikeThomas wrote:Why bother sending Notices at all? All they do is ignore them!

Lets try a different tack: They are public servants, yes? Why don't we send them their P45's and tell them they're SACKED!



That’s the whole point. Article 61 of the Magna Carta states we have the right to lawful rebellion. This includes wasting the authorities’ time.
Just ONE letter has to be received by the post officer taken to the correct place opened and read it has to be stored for about three years and it has to be officially responded to. If they wish to ignore this they are not doing their job and if you do not receive a reply you know you can, and have been invited to correspond asking why the letter was not responded to.
As ‘The Art of War’ written by Sun Tzu in the 6th century BC states ‘He wearies them by keeping then constantly occupied, and makes them rush about by offering them ostensible advantages.’
So that IS the point.

Namaste Phil
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Re: Another approach to Council Tax

Postby Dipsy » Sun Mar 21, 2010 4:43 pm

Why bother sending Notices at all? All they do is ignore them!

LOL thats the exact point! It makes life very easy when they ignore a notice because then your notice becomes a claim of right. This is is the missing link YES you have validation YES you proved your points YES they are in default YES you now have a commercial claim but where is the enforcement? Where is your provision to settle this debt?

If you do council tax notices and they cant rebut every single point (which they cant as it not LAW) then build into your contract an enforcement policy. Let them know for example that if they insist they want to settle their accounts where the liability must be passed to you that as a non performance, non rebutted claim you wish to settle your debt upon presentation of a BILL not a notice AND your contract enforces accepted for value upon that bill presentation. Use the power of your claim over them to enforce A4V. They cant refuse it if you enforce it unless they intend to drop the liability against you.

You see in commercial law they can not provide you with a liability without providing the remedy. If a maj sends you an order then you raise a bill:) You notice most of the time an order is nothing more then 2 lines on a bit of company headed note paper. Its an order its not a bill. They have ordered egg chips and beans and now you send them a bill for the meal order.

Well you know for sure if you are going to fight council tax it will be a court case so don't go to court without a remedy. Go with a remedy but be prepared to enforce it.

Where is the liability in this? You send notices, default becomes contract law binding. Built in they have AGREED to accept a4v to pay for your council bill or remove the liability. Might go to court but where is the non payment of council tax? you already paid in FULL.

Validation of claim.

Where is the LAW i must pay this.?

oh you mean there isnt one? ADMITTED BY DEFAULTED NOTICES.

In that case please send me a bill not a notice and i will discharge it for you. I will discharge it from you books to help you settle your accounts. In fact i'm will do this for you every year forever if you raise a liability as "council tax" against my strawman.

You agree that Accepted for Value is a lawful method of debt discharge and you will accept this without question and hindrance to this process and settle my account to ZERO.

You agree there will no longer be any controversy once the debt has been settled by this AGREED lawful remedy and thus we are both happy living souls and no need for any further action or court.
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Re: Another approach to Council Tax

Postby dmurphy25 » Mon Mar 22, 2010 8:30 am

pedawson wrote:Sounds great, I cannot see that you have left any holes anywhere and is accurate.

I would like to take a copy of your documents and use them for when my turn to question the demand for council tax comes.
I will be starting the process in a couple of months.

I would wish you luck but you don't need it. Instead I offer you morale support to help you through the process.

Namaste, Phil


Thanks Phil, I appreciate the support :grin:

Of course, feel free to use my notices, in fact when I get an opportunity I will post up the word docs.
I will also keep everyone updated whatever happens (don't you hate it when you follow an interesting thread and it just suddenly stops in the middle of a process?)

Cheers,

Dave.
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Re: Another approach to Council Tax

Postby 1965freeman » Mon Mar 22, 2010 10:17 am

There is no longer ANY requirement under statute law to file a deed poll document registering a change of 'name'. this has been the case for many years and can be verified via various government websites. You simply start calling yourself something else.
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Re: Another approach to Council Tax

Postby dmurphy25 » Mon Mar 22, 2010 10:38 am

1965freeman wrote:There is no longer ANY requirement under statute law to file a deed poll document registering a change of 'name'. this has been the case for many years and can be verified via various government websites. You simply start calling yourself something else.


They are clutching at straws (or should that be 'at Strawmen' :giggle: )

For most people the "NAME = PERSON = LEGAL FICTION = CORPORATION" is a hard pill to swallow, now that I'm more or less awake I can see it. If I were still one of the sheeple just using some template off the web, their letter would have been enough to convince me that I was wrong to challenge their so called authority, er... well actually that's exactly how I felt on first reading, I got a bit scared there for a few minutes but then when I read it through again that's when I started to smell the bullshit (I guess I'm still a little sheepish :blush: )
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Re: Another approach to Council Tax

Postby dmurphy25 » Tue Mar 30, 2010 1:10 am

Time's up, no further response from the council, "It's Estoppel Time!" :giggle:

Dave: of the Murphy family
c/o STREET,
CITY
COUNTY [POSTCODE]
30th March 2010


Notice of Default and of Estoppel by Acquiescence

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Ref: XXXXXXXXXX
Dear Elaine: of the Henderson family,
On 3rd March, 2010 I served to your office a Notice of Request for Clarification and Conditional Acceptance. Said notice gave you reasonable notice and grace to locate and produce the requested information. You were granted 7 (seven) days to respond.

The deadline for production of said evidence was 10/03/10.

By the 11th March, 2010 nothing had been received from yourselves.

In a lawful attempt to solve this matter I offered you an opportunity to cure this default by responding in substance, actually addressing the points raised in the original notice, within SEVEN (7) days from Wednesday 11th, March, 2010.

I received your letter dated 15th March, 2010 on 18th March, 2010, yet was not satisfied with the response due to lack of substance and failure to address all the points raised in the original notice, as outlined in the Notice of Non Acceptance Due to Lack of Substance and Clarification sent in response.
The Notice of Non Acceptance Due to Lack of Substance and Clarification dated 20th March, 2010 (Special Delivery No. ZW532510511GB) offered a final opportunity to cure the default within SEVEN (7) days of 22nd March 2010.

This deadline has now elapsed.

You have served nothing upon me which could be considered as a good faith and diligent attempt by you to respond to my lawful and reasonable notice within the stated deadline.
You are in dishonour of said notice and I must advise that a default judgment is now in place, establishing permanent and irrevocable estoppel by acquiescence, forevermore barring all parties to mean you and your principal or other parties making further demands upon me.

You had a legal and moral duty to answer in full all the questions or points raised, and your silence can now be construed as a fraud "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading."

I now consider this matter to be closed and all demands placed upon me by parties to mean you and your principal withdrawn. I do not consent to any further communication regarding Ref: XXXXXXXXXXX
Any further contact attempts by parties to mean you and your principal will be classed as harassment and charged at £500 per letter / phone call / contact received and £500 per letter / contact sent in reply.

This fee schedule is effective immediately.

Sincerely without malice, ill will, vexation or frivolity


By: Dave: of the Murphy family
All Rights Reserved - Without Prejudice – Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
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Re: Another approach to Council Tax

Postby dmurphy25 » Thu Apr 08, 2010 6:07 pm

Not surprisingly, I received a letter from the council totally ignoring all my notices saying "I thought I already answered your questions"

Now, since they are obviously going to press ahead with their revenue collection attempts does anyone know if there is any reason why I cannot start the Commercial Lien process against them?

Will post the letter up as soon as possible.

Cheers,

Dave.

(pssst, I'm looking at you HuntingRoss since you seem to have a huge amount of experience with Commercial Liens :D)
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Re: Another approach to Council Tax

Postby huntingross » Thu Apr 08, 2010 6:26 pm

Ha.....thanks Dave.

I haven't followed the detail, but anticipate they have claimed you owe them money, in which case you can pursue a lien claim against them....

The shortest version I have is the one against APEX.

I have also just posted about Councils and there actions in court.....which may be worth a read in preparation of that day.

viewtopic.php?f=18&t=5011#p45218
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Re: Another approach to Council Tax

Postby dmurphy25 » Thu Apr 08, 2010 7:09 pm

Many thanks HR... You da man :grin:
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Re: Another approach to Council Tax

Postby dmurphy25 » Sat Apr 10, 2010 12:19 am

Ok, so here is the council's latest bull poo poo response:

Dear Mr Murphy,

Council Tax - ADDRESS, TOWN A/C XXXXXXXX

Thank you for your recent letters dated 20th March and 30th March concerning your Council Tax liability at the above address.
I believe I have explained in my letter dated 15th March how you come to be liable for the Council Tax at ADDRESS
I am sorry you do not feel the answers I have given in this letter have been sufficient.

The Council must collect the Council Tax in accordance with the Local Government Finance Act 1992 and associated regulations.

As you still do not agree that you should be liable for the Council Tax at ADDRESS, you have the right to appeal to a Valuation Tribunal.

Details of the appeals process and who to contact can be found at www.valuationtribunal.gov.uk
This website gives comprehensive information on the appeal process and how to make an appeal.

You have two months from the date of this letter, or four months from the date you disputed the Council's decision, to make your appeal to the Tribunal.

I would advise you that the Council Tax is still payable by you pending the outcome of any appeal.
If you feel that you may be entitled to a discount, for example if you are the sole occupier, or...


No surprises there, so now I think it's time for the full frontal assault :giggle:
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