Another approach to Council Tax

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

Re: Another approach to Council Tax

Postby Zaniwhoop » Mon Sep 06, 2010 2:07 pm

:yes:
Shaw's principle.
"A government which robs Peter
to pay Paul can always depend on the support of Paul"

Sublato fundamento cadit opus The foundation being removed, the superstructure falls.
User avatar
Zaniwhoop
Administrator
Administrator
 
Posts: 624
Joined: Thu Mar 05, 2009 1:31 pm
Location: South West Wales

Re: Another approach to Council Tax

Postby dmurphy25 » Sat Sep 11, 2010 1:25 pm

Gosh this is going to be a busy week :D

First off, the council haven't paid my unauthorised communication fees so it's time to start turning up the heat, I'm going to be issuing a statutory demand for payment as a precursor to bankruptcy proceedings (Thanks Mark :cheer: )

stat_demand_a.gif


stat_demand_b.gif


Next, since the council failed to respond to my Notice of Non Acceptance Due to Lack of Substance and Clarification within the time limit, we now have an agreement so best I let them know :giggle:

Dave: of the Murphy family
c/o Street,
TOWN
County [POSTCODE]
13th September 2010

Notice of Default and of Estoppel by Acquiescence

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


Ref: XXXXXXXX

Dear Elaine: of the Henderson family,
On 16th August, 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.

I received your letter dated 19th August 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 dated 31st August, 2010 Recorded Delivery No. AG532687006GB. This notice offered a final opportunity to cure the default within SEVEN (7) days of 1st September 2010 and now this deadline has 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 of permanent and irrevocable estoppel by acquiescence is now in place, establishing a legally binding agreement between MR DAVID MURPHY and THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES that the Notice of Liability Order dated 9th August 2010 was merely an offer to contract with the corporation known as THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES and as such no obligation exists to accept this offer.

You have not been charged for this notice, however, any further unsolicited contact attempts relating to this matter by THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES will be classed as harassment and charged according to the fee schedule detailed in the Notice of Default and of Estoppel by Acquiescence dated 30th March 2010.

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


Finally, the court have thus far ignored my notices and the time limit expires on 14th September so this will be going out on the 15th:

Dave: of the Murphy family
c/o Street,
TOWN
County [POSTCODE]
15th September 2010

Notice of Default and of Estoppel by Acquiescence

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


Dear Miss Andrews,
On 16th August, 2010 I served upon you a Notice of Request for Clarification. This 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 25/08/10.

By the 26th August, 2010 nothing had been received from yourself or your office.

In a lawful attempt to solve this matter I served upon you a Notice of Default and Opportunity to Cure dated 6th September 2010 (Royal Mail Tracking Number AH002203743GB) which 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.

The deadline for production of requested evidence was 14/09/10. 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 the aforementioned notice and I must advise that a default judgment is now in place, establishing permanent and irrevocable estoppel by acquiescence.

This default judgment constitutes a legally binding agreement between MR DAVID MURPHY and EAST BERKSHIRE MAGISTRATES’ COURT that a properly convened and procedurally correct court hearing pursuant to the Magistrates Court Act 1980 did not take place on 30/07/2010 at MAIDENHEAD MAGISTRATES COURT, BRIDGE ROAD, MAIDENHEAD and that any subsequent rulings or orders that purport to result from this hearing are therefore null and void.

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
You do not have the required permissions to view the files attached to this post.
...one group of apes left the safety of the trees and stood upright in the tall savannah grass, some of these apes began to evolve, but most were hit by cars!
User avatar
dmurphy25
 
Posts: 132
Joined: Mon Nov 30, 2009 11:40 am
Location: Maidenhead

Re: Another approach to Council Tax

Postby dmurphy25 » Fri Sep 24, 2010 2:50 pm

And the drama continues...

I received a rather strange letter from the council which appears to be randomly attempting to rebut several points that I never made, bearing in mind that the last notices I served them with were a Notice of Non Consent and the Notice of Default and Estoppel, essentially the end of the administrative process, establishing the agreement that their Notice of Liability Order was a fraud.

Their unwarranted response seems awfully strange indeed.

Council Tax Unit
PO Box 3446, Town Hall
St Ives Road, Maidenhead
Berkshire, SL6 1NY

17th September 2010

Dear Mr Murphy,

Council Tax - A/C XXXXXXXXX

Thank you for your recent letters.

I believe I have explained in my previous letters why you are liable to pay the Council Tax at the above property.
I do not propose to further explain why you should pay the Council Tax and feel it is time to point you in the direction of other agencies or people who may be able to help you.

    1. If you feel that the Council Tax itself is unlawful, you can contact either your MP or the
    government department called 'Communities and Local Government'. The Communities and Local Government website is http://www.communities.gov.uk.
    2. If you believe the Council is wrong in making you liable for Council Tax you should, as
    I have advised in previous letters, appeal to a Valuation Tribunal.
    3. If you think the Magistrates Court has acted unlawfully, then you should contact them
    directly.
    4. You should contact the Local Government Ombudsman if you have a complaint about
    the way the Council has dealt with you.
    5. If you would like to make a complaint about me personally, then please contact Mr
    Nick Hardwick, Business Services Manager at the Council.
    6. You may also contact your local Councillor at any time.

You have sent me an extract from the Council's publication 'Around the Borough', and you have marked 'No Consent No Contract', across an article about Council services. Your letter enclosing that extract states that the article is a deceptive offer to contract and that you do not consent.

I'm not quite sure what you mean by this as you do receive and use services provided by the Council. I believe you also have a residents 'Advantage Card', provided by the Council which entitles you to use some Council Services at a reduced rate. You do not need to enter into a contract with the council to be liable to pay Council Tax, which in any case, is not a charge for services received.

With regard to your invoices for 'unauthorised communications' and your responses to those, I have already advised you that the Council has written to you either in accordance with legislation to demand and collect Council Tax which is due from you, or in response to your own letters. I have already said that I do not consider it reasonable for you to invoice the Council for £500.00 for each of these perfectly legal and reasonable communications and your responses to them.

Thank you for your Statutory Demand you have issued in relation to the Council's non payment of these invoices to the value of £5,000.00. I have passed this to the Council's legal section.

Elaine Henderson

Debt Recovery Team Leader
Yours sincerely,


Very interesting, most of the letter seems to be devoted to trying to get me to use one of the government's fake services that only serve to make you feel like you are getting somewhere while in reality working with these criminal corporations to make sure you pay up.

Another interesting point is where she says:

I believe you also have a residents 'Advantage Card', provided by the Council which entitles you to use some Council Services at a reduced rate.


Since she is using information gained for a purpose other than the purpose for which it was originally requested (namely attempting to imply that a contract exists between us) isn't that a breach of the Data Protection Act?

She goes on to say:

You do not need to enter into a contract with the council to be liable to pay Council Tax, which in any case, is not a charge for services received.


Hmmm, what is it a charge for then??? And if Council Tax is not a charge for services received then why did she make a point of saying:

...as you do receive and use services


I didn't address this last point in my response because, quite frankly, I couldn't be arsed :)
...one group of apes left the safety of the trees and stood upright in the tall savannah grass, some of these apes began to evolve, but most were hit by cars!
User avatar
dmurphy25
 
Posts: 132
Joined: Mon Nov 30, 2009 11:40 am
Location: Maidenhead

Re: Another approach to Council Tax

Postby dmurphy25 » Fri Sep 24, 2010 2:51 pm

Normally when I write a response to the Council, I usually post it up here first and invite comment, then rework it until I feel happy with it, but unfortunately in my eagerness to respond I mailed it out yesterday morning, warts and all.

Dave: of the Murphy family
c/o STREET,
TOWN
COUNTY [POSTCODE]
23rd September 2010

Ref: XXXXXXXXX

Dear Elaine: of the Henderson family,

Thank you for your letter dated 17th September 2010, I must admit to being a little confused as to the reason for it.

Firstly, you refer to my previous notices as letters thereby not acknowledging their legal standing despite the clear headings containing the word ‘Notice’ in bold type.

The most recent notice served upon THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES was the Notice of Default and of Estoppel by Acquiescence dated 13th September 2010 which established the legally binding agreement between MR DAVID MURPHY and THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES that the Notice of Liability Order dated 9th August 2010 constituted an offer to contract and no obligation exists to accept the offer.
No further information or explanation regarding Council Tax was requested; I must therefore consider your unsolicited, unauthorised communication as harassment and apply the unauthorised communication fee according to the fee schedule attached to the Notice of Default and of Estoppel by Acquiescence dated 30th March 2010.
I have enclosed an invoice for £1000.00 (ONE THOUSAND AND ZERO PENCE GREAT BRITISH POUNDS STERLING) payable on receipt. Please ensure that this invoice is passed to your accounts department.

As you are paying for a response to your seemingly pointless letter, I will address the points that you raise.

    1. I do not have an elected representative since I do not consent being governed, nor do I participate in the fraudulent election process. I also do not have any interest in contacting or contracting with any other Corporations masquerading as government departments. The matter of Council Tax is closed as there is now a legally binding agreement between MR DAVID MURPHY and THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES that any and all demands in this matter have been withdrawn.

    2. See point 1.

    3. EAST BERKSHIRE MAGISTRATES’ COURT has been contacted regarding this matter and there is now a legally binding agreement between MR DAVID MURPHY and EAST BERKSHIRE MAGISTRATES’ COURT that a properly convened and procedurally correct court hearing did not take place on 30/07/2010 and that any subsequent rulings or orders are null and void. (copy enclosed)

    4. See point 1.

    5. As always I harbour no malice, ill will or vexation.

    6. I do not have a Councillor, nor do I feel the urge to seek one out.

My markings across the extract from the Council publication meant exactly what it said, No contract exists between the private, for-profit corporation known as THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD also trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES and MR DAVID MURPHY, and No consent is given to any contract that might be implied by tacit acquiescence.

Thank you for reminding me that I have a residents ‘Advantage Card’. I obtained the card while I considered joining a gym and believed it was a discount card operated by the Leisure Centre. Thank you for correcting me. Undoubtedly the data you retrieved regarding this card shows that I have never used it, and I hereby return it to you.

Could you tell me the name of the person who authorised you to use this data for purposes other than the specific purpose for which it was collected? I do not seem to recall giving my consent for that individual to disclose this information to other parties.
In any event there seems to be a clear breach of the Data Protection Act 1998.

Regarding the invoices for unauthorised communications and responses, I have already advised you that there is a legally binding agreement between MR DAVID MURPHY and THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES that there is no liability to demand and collect Council Tax, therefore any unsanctioned communications on this matter, however legal and reasonable you may believe they are, may be treated as harassment and levied accordingly.

Furthermore, since I am entitled to set whatever terms and conditions I see fit as a penalty for breaking this agreement, a ‘reasonable’ fee is whatever I say it is.

Please Note:
You will not be charged for a response to this letter as I require the name of the person who authorised you to use the Advantage Card data for purposes other than the specific purpose for which it was collected?

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


Encl:
Copy of Notice of Default and of Estoppel by Acquiescence [East Berkshire Magistrates’ Court]
Fee Schedule Invoice 0000006
Advantage Card


Although this letter has already gone out, comments, as always, are welcomed.

Dave.
...one group of apes left the safety of the trees and stood upright in the tall savannah grass, some of these apes began to evolve, but most were hit by cars!
User avatar
dmurphy25
 
Posts: 132
Joined: Mon Nov 30, 2009 11:40 am
Location: Maidenhead

Re: Another approach to Council Tax

Postby bustachemtrails » Fri Sep 24, 2010 5:47 pm

Very well put together Dave, it will be interesting to see the reply. Good luck bro.
bustachemtrails
 
Posts: 370
Joined: Tue Feb 23, 2010 11:19 pm
Location: Devizes, wiltshire

Re: Another approach to Council Tax

Postby holy vehm » Fri Sep 24, 2010 9:28 pm

Bit by bit they get boxed in a corner. They are fast running out of space, well done and good luck.

namaste
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
User avatar
holy vehm
Moderator
Moderator
 
Posts: 3077
Joined: Fri Oct 02, 2009 7:17 pm
Location: http://www.fmotl.com/forum/viewtopic.php?f=45&t=9142

Re: Another approach to Council Tax

Postby kenb » Sun Sep 26, 2010 11:45 am

Fantastic Dave, you are unpeeling them layer by layer, cracking work, they are running out of options :cheer: :cheer: :clap: :clap: :yes: :grin:
Peace, luv and light :sun:
kenb
Moderator
Moderator
 
Posts: 303
Joined: Wed Nov 11, 2009 9:31 pm

Re: Another approach to Council Tax

Postby dmurphy25 » Sun Sep 26, 2010 8:33 pm

Thanks for the support Dave & Ken, it is much appreciated :sun:

Here is the latest update, after gaining an estoppel with East Berkshire Magistrates' Courts they finally write back to me a full week after the estoppel.

ebmc_redacted.jpg


It is over a week too late and that it fails to address any of the points I raised or provide any proofs thereof, otherwise its a very impressive letter :D

Courtesy letter to follow...
You do not have the required permissions to view the files attached to this post.
...one group of apes left the safety of the trees and stood upright in the tall savannah grass, some of these apes began to evolve, but most were hit by cars!
User avatar
dmurphy25
 
Posts: 132
Joined: Mon Nov 30, 2009 11:40 am
Location: Maidenhead

Re: Another approach to Council Tax

Postby dmurphy25 » Thu Sep 30, 2010 12:02 am

Ok, courtesy letter to the court as promised... I want names and Bar numbers :lol:

Dave: of the Murphy family
c/o STREET,
TOWN
COUNTY [POSTCODE]
1st October 2010



Dear Miss Andrews,

I am in receipt of the letter from your subordinate dated 22nd September 2010.

I write as a courtesy since I have gained a permanent and irrevocable estoppel procured by your tacit acquiescence as a result of the perfected administrative process detailed below.

Notice of Request for Clarification.
Dated: 16th August 2010
Delivered: 17th August 2010
Recorded Delivery Number: XXXXXXXXXXGB

Notice of Default and Opportunity to Cure.
Dated: 6th September 2010
Delivered: 7th September 2010
Recorded Delivery Number: XXXXXXXXXXGB

Notice of Default and of Estoppel by Acquiescence.
Dated: 15th September 2010
Delivered: 16th September 2010
Recorded Delivery Number: XXXXXXXXXXGB

This means that, despite the content of the aforementioned letter, there is now a legally binding agreement between EAST BERKSHIRE MAGISTRATES’ COURT and MR DAVID MURPHY that a properly convened, procedurally correct HMCS court hearing did not take place on 30th July 2010 and that any subsequent rulings or orders are null and void.

Regarding the contents of the said letter, I note that no attempt was made to produce any of the requested proofs, the names and Bar numbers of the Magistrates, Clerk of the Court and the counsel for the plaintiff in attendance or the actual Liability Order, bearing the name of MR DAVID MURPHY, the court seal and wet ink signature of a Justice of the Peace or qualified officer of the court.
The failure to produce the requested evidence would indicate that the statutory procedures pursuant to the Magistrates Court Act 1980 were not followed.

Please note that I still require the names and bar numbers of the Magistrates, Clerk of the Court and the counsel for the plaintiff in attendance, as I am considering presenting this case for review by the Office for Judicial Complaints as well as a Common Injury claim against all parties involved. For this reason, and because a photocopy of your signature appeared on the alleged summons, I also require your own Bar number.

Please have this information forwarded to me as soon as possible.

Faithfully 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



Encl:
Original paperwork
...one group of apes left the safety of the trees and stood upright in the tall savannah grass, some of these apes began to evolve, but most were hit by cars!
User avatar
dmurphy25
 
Posts: 132
Joined: Mon Nov 30, 2009 11:40 am
Location: Maidenhead

Re: Another approach to Council Tax

Postby MyUnknown » Tue Feb 22, 2011 6:15 pm

What happened with this?
MyUnknown
 
Posts: 2
Joined: Tue Feb 22, 2011 6:11 pm

PreviousNext

Return to Taxes

Who is online

Users browsing this forum: No registered users and 1 guest