Another approach to Council Tax

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

Another approach to Council Tax

Postby dmurphy25 » Mon Mar 01, 2010 10:02 pm

I have just moved back to the UK after 13 years, to a place in Berkshire and just received my first Council Tax bill and having read up on several accounts of Council Tax rebuttals I have seen varying levels of success so I thought I'd try a (very) slightly different approach.
I'd appreciate any thoughts and/or comments

Firstname: of the Familyname family
Address,
ADDRESS

[Post code]


Notice of Request for Clarification and Conditional Acceptance


Ref: xxxxxxxxx

Dear Sir,

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.
The reason why you need to read carefully is that I am offering conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate.
For this reason it is important that you consider and respond in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.
On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter. For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein.


I am in receipt of your letter dated [date], entitled “Council Tax Bill”.
I live in the United States and have been there for nearly thirteen years, but at present I am staying at the above address for an unspecified length of time for this and other reasons I do not understand Council Tax and find it difficult to see how Council Tax applies to me at all. Perhaps you might be able to forgive my apparent ignorance and enlighten me as it is my understanding that I may ask questions of you concerning this bill and expect that those questions be answered in a timely manner.


Having read through your "Council Tax Bill" the first thing that strikes me is that it doesn’t seem to be a bill at all, that is, it does not conform to a definition of a bill pursuant to the Bills of Exchange Act 1882 Chapter 61, Part II, Section 3(1) which states "A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.".
Section 3(2) goes on to state that "An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange."

1. Am I obliged to pay upon a document that is by definition a counterfeit bill?

The "Your Guide to Council Tax" booklet which was provided along with the alleged bill only provides a brief and vague outline of the distribution of council tax monies and appears to suggest that 100% of the Council Tax monies collected is distributed across the various services as described in this booklet. However, as you are no doubt aware, many other local councils also provide similarly vague financial breakdowns that fail to mention making substantial investments with foreign banks:

http://www.guardian.co.uk/politics/2008/oct/10/localgovernment-iceland
http://www.independent.co.uk/news/business/news/uk-councils-at-risk-in-icelandic-bank-failures-955486.html
http://www.thisisdorset.net/news/tidnews/3743090.DORSET_S___28m_AT_RISK_IN_ICELAND_BANK_CRISIS/
http://www.manchestereveningnews.co.uk/news/s/1071566_council_hit_by_icelandic_freeze

This begs the obvious questions: If all council tax money is going toward essential services, then where are these vast sums of money coming from? Where was the public discussion over what to do with such excesses? Are the public told of such overpayments? Are refunds or reassessments offered to Council Tax payers? Where the profits of such investments going?
It strikes me that these local councils have, at best, mislead the public as to where its Council Tax receipts are being channeled and any such local council making investments of significant amount of supposedly 'surplus' money without full disclosure and detailed accounting of dividends or losses are, at the very least, guilty of misappropriation of public funds.

2. Could you provide me with an affidavit of truth sworn on penalty of perjury and upon full commercial liability stating that the information contained in the "Your Guide to Council Tax" booklet represents full disclosure and complete and accurate accounting of the disbursement of Council Tax contributions or detailed accounts relating to Council tax disbursements, including but not limited to Pension Schemes, Expense Accounts, Training Courses, EU Contributions and dividends and/or losses from investment accounts?

3. Without full disclosure and detailed accounting of Council tax disbursements, how do I know that by paying Council Tax I am not aiding and abetting or acting as an accessory to Criminal Malfeasance?

I have come to understand that [Council] is, in fact a corporation and as such requires a contract in order to claim payment for any services provided, and, to my knowledge no contract or agreement of any kind exists between myself, Firstname: of the Familyname family, and [Council].

4. Having established that the "Council Tax Bill" is not a valid bill of exchange, is it in fact an offer to contract?
If this is the case, then I respectfully decline your deceptive offer to contract without dishonour.


5. Can you prove there is an existing contract or agreement between myself, the man, Firstname: of the Familyname family and [Council]?

I have also come to understand that "MR CAPITALISED NAME" (or derivatives thereof) is in fact a legal fiction, a corporation which falls under the jurisdiction of Statute Law and that this 'Person' is not me, the man, Firstname: of the Familyname family who falls under the jurisdiction of Common Law.
The Local Government Finance Act of 1992 is a statute, defined as "a legislated rule of a society given the force of law by the consent of the governed" which means that it is not lawful unless I agree to stand under it.

6. Is there any evidence that this statute applies to myself, the man, Firstname: of the Familyname family, who does not consent to this legislation?


7. Is there any evidence that Council Tax is in fact lawful?


Given the forgoing information, any attempt of [Council] to collect Council Tax would appear to be an act of extortion, defined as "The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under colour of official right." and once informed of the fraudulent nature of its claim, [Council] cannot claim the provisions that negate dishonesty according to The Theft Act 1968 Section 2(a),(b) and would also be deemed to have committed an act of "Obtaining property by deception" pursuant to that same act.
Similarly, any attempt of myself, the man, Firstname: of the Familyname family to pay Council Tax without full disclosure of the requested information would be financially irresponsible and may not only render me a victim of fraud and deception but possibly also an accessory to fraud.

I am a reasonable man, I will be happy to pay what I may lawfully owe upon receipt of satisfactory answers with substance and accompanying proofs. Until that time, I hereby GIVE NOTICE that I respectfully decline your offer to pay Council Tax and reserve the right to withhold any future payment until such time as my conditions are met.
If I do not receive such a response conforming to the above criteria within seven (7) days of the date of this letter, it will be deemed a tacit agreement by your acquiescence that I have no obligation to pay Council Tax.

ANY RESPONSE SHALL BE LIMITED TO THE INFORMATION I HAVE REQUESTED AND MAY NOT EXTEND TO OTHER MATTERS.

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


Sincerely without malice, ill will, vexation or frivolity.




By: Firstname: of the Familyname family

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Re: Another approach to Council Tax

Postby huntingross » Mon Mar 01, 2010 10:35 pm

They should appreciate the points you make, I wonder if they will bother to reply past the obvious....."we are obliged to collect council tax"
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Re: Another approach to Council Tax

Postby Travels » Tue Mar 02, 2010 11:25 pm

Very well constructed and argued there dmurphy, I'd be interested to hear of their response :wink: The only tiny suggestion I'd have would be to not respectfully decline their offer, but to provisionally accept it until they can provide all the proofs you've demanded...provisional acceptance is the only honourable way to go in my experience, and nullifies the 'dispute' card they're always so keen to play...as courts are only there to settle disputes, the importance of provisional acceptance can never be overlooked..! Let us know how you get on anyway..all the best with it :shake:
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Re: Another approach to Council Tax

Postby MikeThomas » Wed Mar 03, 2010 9:12 am

A well constructed notice mate :yes:

However, you still have the ordeal of the ignorant Magistrate! If you read the many posts on Council Tax found on this forum you will notice they all have one thing in common: THE LIABILITY ORDERS ARE SIGNED & SEALED BEFORE YOU EVEN GET INTO COURT!

Never the less, your notice should provide valuable information if the council can be bothered to give the substantial reply it deserves. Good luck with it! :yes:
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Re: Another approach to Council Tax

Postby pitano1 » Thu Mar 11, 2010 4:10 pm

hi dmurphy. :psst:

great notice,and so true.
pity its wasted on robots,when you get the offer to attend their place of business,just r.t.s.it

no contract,refused for cause etc.

this seems to bugger up the mainframe,and memory banks ,if they posture threaten etc just keep on doing the same thing.

allso another thing i find rather entertaining is...when the bully boys/bailiffs turn up,and say are you mr family name....and you answer no...that millisecond is priceless.

anyway i get the feeling iam preachin to the quire here.

my motto is bollox to the courts/councils and the so called govenment
and i dont want to play with them ever again..so there....lol :giggle:



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Re: Another approach to Council Tax

Postby dmurphy25 » Thu Mar 18, 2010 9:32 pm

Hi Everyone,
Thanks for your comments, I thought I'd respond to a couple of them before giving you guys an update.

The only tiny suggestion I'd have would be to not respectfully decline their offer, but to provisionally accept it until they can provide all the proofs you've demanded...provisional acceptance is the only honourable way to go in my experience


Good point, I did wonder whether I should have included that but I concluded that in that context I was declining a deceptive offer to contract if in fact it was an offer (which of course we know it is :giggle: ) yet overall I was conditionally accepting the tax. Oh well I'll do better next time :wink:

However, you still have the ordeal of the ignorant Magistrate! If you read the many posts on Council Tax found on this forum you will notice they all have one thing in common: THE LIABILITY ORDERS ARE SIGNED & SEALED BEFORE YOU EVEN GET INTO COURT!


Call me an idiot but I'm actually looking forward to my day in court, and yes I have read that these orders are signed prior to the court appearance.
Has anyone ever followed this up? I mean, if you have proof that the order was signed prior to adjudication shouldnt you be able to get the magistrate on Fraud, Perjury, perverting the course of justice etc. etc. ?

Anyways, here's the update, I didn't get a response by the deadline so I sent my Notice of Default and Opportunity to Cure:

Dave: of the Murphy family
c/o STREET,
CITY
COUNTY [Postcode]
11th March 2010

Notice of Default and Opportunity to Cure

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

Dear Sir,
Following THE COUNCIL's dishonour of my Notice of Request for Clarification and Conditional Acceptance dated 3rd March 2010 Royal Mail Tracking number XXXXXXXXXXXXX delivered 4th March 2010, I hereby serve you with Notice of Default and Opportunity to Cure.
Due to your failure to provide the reasonably requested information within the specified time limit, I grant you a further opportunity to remedy this fault in good faith. For this reason any response must be relevant and substantive must be received in writing under the penalty of perjury and upon your full commercial liability within SEVEN (7) days from receipt of this Notice.
Please provide the following information:

1. A valid bill which conforms to the definition of a bill of exchange according to the Bills of Exchange Act 1882 Chapter 61, Part II, Section 3(1)
2. Detailed and complete accounting relating to Council tax disbursements, including but not limited to Salaries, Pension Schemes, Expense Accounts, Training Courses, EU Contributions and dividends and/or losses from investment accounts for the period 2007 – 2009.
3. Proof of an existing, lawful contract or agreement between myself, the man, Dave: of the Murphy family and THE COUNCIL, signed by both parties.
4. Proof that I, Dave: of the Murphy family, have a lawful obligation to pay Council Tax.

5. Proof that Council Tax is lawful.

I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability, and that the facts contained therein are true, correct, complete and not misleading.
If such a response conforming to the above criteria is not received within SEVEN (7) days from receipt of this letter, it will be deemed a tacit agreement by your acquiescence that I have no obligation to pay Council Tax.

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



I was just about to dust off my Notice of Default and Estoppel by Acquiescence to post tomorrow when lo and behold this was waiting for me on my doormat:

Mr David Murphy
STREET
CITY
COUNTY POSTCODE
15th March 2010

Dear Mr Murphy,

Council Tax A/C XXXXXXXXXX

Thank you for your letter dated 3rd March concerning your Council Tax bill.

The document you received from the council entitled 'Council Tax Bill' is in fact a Demand Notice.

The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003, as amended, do not prescribe what the title of the demand notice should be and calling it a bill does not invalidate it. Many local authorities call the demand notice a bill.
You have asked eight questions in your letter and I will answer these in turn.

1. You are obliged to pay the Council Tax bill under the Local Government Finance Act
1992. This is because as the tenant, you are the 'liable person'. Section 6
of this act sets out who should be liable for the Council Tax at a dwelling.

2. The Council Tax bill dated 25th February 2010 is a valid demand notice under The Council
Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003, as amended.

3&4 I refer you to the Councils website where you will find a copy of the Councils Statement of Accounts

http://www.rbwm.gov.uk/public/finance budget 08-09 statement of accounts.pdf

and the Audit Opinion from our External auditors KPMG which should give you the reassurance you need that the Council's financial affairs are conducted lawfully

http://www.rbwm.qov.uk/public/finance audit letter 08-09 budqet.pdf

5. Please see response to point 2

6. The Local Government Finance Act 1992 sets out who is liable for the Council Tax and a
'demand notice' is sent to that person. There is no requirement for there to be a contract or
agreement between the liable person and the Council.

7. I am sorry you feel that the Local Government Finance Act 1992 is not lawful unless you
agree to stand under it. I can assure you that according to this Act, you are liable for the
Council Tax, and your consent is not required.

With regard to your name, the Council was advised in a letter that the new tenant of the property is a Mr Dave Murphy. This is why the Council Tax account has been set up in your name and a demand notice (Council Tax Bill) issued.
The Council has contacted Waterman Lettings and Management by telephone and have been advised that the tenancy is in the name of Mr David Murphy and that the signature on the agreement is of 'David Murphy'. I have arranged for your name on the Council Tax account to be amended to David Murphy and would advise you that sending the earlier bill in the name of Dave Murphy does not invalidate it.
If you have in fact changed your name from David Murphy then I will be happy to arrange for your new name to be used when you provide evidence of this such as a Deed Poll document.

8. The Council Tax is lawful under the Local Government Finance Act 1992 which states "...
each billing authority shall, in accordance with this Part, levy and collect a tax, to be called
council tax, which shall be payable in respect of dwellings situated in its area.'

If you have any further queries please do not hesitate to contact me.

Yours sincerely,


XXXXXXX XXXXXX Revenues Manager



This is hot off the presses so I'm just about to start crafting my response (along with my Notice of Default and Estoppel by Acquiescence of course :giggle: ) so any thoughts would be greatly appreciated.

Dave.
Last edited by dmurphy25 on Mon Mar 22, 2010 10:13 am, edited 1 time in total.
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Re: Another approach to Council Tax

Postby huntingross » Thu Mar 18, 2010 11:23 pm

My knowledge on council tax is not brilliant.....but the council quotes verbatim "their responsibility" to collect it under the Act (your Item 8)....yet they brush it off with you are the "liable person" (your Item 1)

That seems weak....perhaps deliberately so....otherwise I feel sure they would have expanded upon it.
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Re: Another approach to Council Tax

Postby dmurphy25 » Sat Mar 20, 2010 12:33 am

Hopefully I'm not getting too overconfident, I'm actually enjoying this whole process... it's so much more fun when you know the rules eh? :grin:

So I've been beavering away all night writing my response and I would appreciate a sanity check before I fire it off :wink:

Dave: of the Murphy family
c/o STREET,
CITY
COUNTY [POSTCODE]
20th March, 2010


Notice of Non Acceptance Due to Lack of Substance and Clarification


Dear Elaine: of the Henderson family,

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says. My previous correspondences as well as this one, have been notices, not letters, therefore have legal standing, but I note that you fail to recognise the difference by referring to them as ‘letters’.

I write in response to your letter dated 15th March 2010.

I cannot accept your response as a response with substance to ALL points made as none of your answers were supported by any acceptable evidence or proofs of claim. These answers were made with no regard to, nor contained any attempt to rebut any of, the explanations supporting my lawful and reasonable questions.

1. I am not the ‘liable person’ because I am not a “Person”. A “Person” is a legal fiction, a corporation which falls under the jurisdiction of Statute Law and this “Person” is not me, the flesh and blood man, Dave: of the Murphy family.
Although I am acting as agent and administrator for this legal fiction, I, Dave: of the Murphy family stand under the jurisdiction of Common Law. The Local Government Finance Act of 1992 is a statute, defined as "a legislated rule of a society given the force of law by the consent of the governed."
You have admitted that you are making an unsubstantiated demand upon me. This demand cannot be substantiated by quoting a Statute to one who is outside its jurisdiction.

I remind you that under the Common law you are obliged to know the laws that you quote according to article 45 of the Magna Carta 1215 which states “We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.”
There is also a maxim in law that states “Ignorance of fact may excuse, but not ignorance of law.”

2. The disputed document dated 25th February 2010 which, by your own words is not a bill for services provided upon which I may have a lawful obligation to pay. It is a notice of an unsubstantiated demand which requires the previously requested proofs of claim. My Notice of Request for Clarification and Conditional Acceptance dated 3rd March, 2010 is evidence that I have noticed your notice and have conditionally accepted your demand upon proof of claim.

3. Having reviewed of the 75 page document at the internet address:

http://www.rbwm.gov.uk/public/finance%20budget%2008-09%20statement%20of%20accounts.pdf

It appears to be approximately 70 pages of superfluous explanatory text and complexity to merely provide the appearance of due diligence. A document that purports to provide complete and accurate accounting to the general public could easily be reduced to a handful of pages containing tables of income and expenditure. Since a good deal of the financial information is not in tabular format but buried within the mass of text, this document appears to be an exercise in obfuscation. For this reason I cannot accept this as proof of full disclosure unless it is accompanied with an affidavit sworn on penalty of perjury and upon your full commercial liability attesting that the facts contained therein are true, correct, complete and not misleading.

4. I refer you to the Accessories and Abettors Act 1861 Sec 8: “Whosoever shall aid, abet, counsel or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender.”

5. My question was not merely concerned with the title of the document but its effect and it is this aspect which was not addressed by your referral to your response to question 2. This question could have been rephrased “By paying this ‘bill’ will I be entering into a contract with THE COUNCIL?”

6. THE COUNCIL is a corporation as evidenced on Dun & Bradstreet and as such requires a contract in order to claim payment for any services provided.

7. Thank you for your assurances, however, that they are not substantiated by law. It is not my feelings that are the basis of my claim rather it is my understanding of legal terminology and basic logic:

    The Local Government Finance Act 1992 is an Act or a Statute.
    A Statute is legally defined as "a legislated rule of a society given the force of law by the consent of the governed" (Black’s Law Dictionary)
    I am not a member of the government therefore I am one of the governed.
    I do not give my consent to this statute.
    Therefore it does not have the force of law upon me.

Under article 61 of Magna Carta 1215 we also have a right to enter into Lawful Rebellion if we feel we are being governed unjustly. Lawful rebellion allows quite simply for the following recourse;

    Full refusal to pay any forms of Tax, Fines and any other forms of monies to support and/or benefit said unlawful governance of this country.
    Full refusal to abide by any Law, Legislation or Statutory Instrument invalidly put in place by said unlawful governance that is in breach of the Constitutional safeguard.
    To hinder in any way possible all actions of the treasonous government of this land, who have breached the Constitutional safeguard; defined with no form of violence in any way, just lawful hindrance under freedom asserted by Constitutional Law and Article 61.

Consider me, Dave: of the Murphy family officially in Lawful Rebellion!


With regard to my name, on inspection you will find my autograph upon the tenancy agreement actually reads ‘Davie’ which is how I was commonly called when I first started using it, however, I have never claimed that your use of the name ‘Dave Murphy’ invalidated what you still deceptively refer to as the ‘bill’. I claim that “Mr. David Murphy” or any derivatives thereof (including the use of legal fiction title “Mr.”) is evidence of a corporate fiction, otherwise known as my Legal Person which stands under Statute law (the law of the sea) and is not me, the flesh and blood man, Dave: of the Murphy family as I am commonly called, who stands under the Common law (the law of the land).

In order to avoid any further misunderstandings please address any and all future communications to “Dave: of the Murphy family”


Additionally, if you feel that my autograph upon the tenancy agreement constitutes proof of a contract between us, then I draw your attention to the fact that my autograph also contains the words “without prejudice” which reserves my Common law rights not to be compelled to perform under any contract I did not enter into knowingly, voluntarily, and intentionally. And does not bind me to accept the liability associated with the compelled benefit of any un-revealed contract or commercial agreement. Since the tenancy agreement did not disclose details of a contract between us, any such claims you may have to the contrary are null and void.

8. You quoted "The Local Government Finance Act 1992 makes Council Tax lawful". This is incorrect, legislation is an act of parliament and therefore can only be given the force of law by the consent of the governed, (see Magna Carta 1215, In particular articles 14, 29 and 61.)
The Local Government Finance Act 1992 is therefore legal and not lawful. If you are in doubt of the distinction between legal and lawful then I suggest you consult with your legal department.

Due to the lack of substance in your responses to the queries posed, I still see the matter as unresolved and therefore bring to your attention the opportunity to cure as stated on the most recent notice dated 11th March, 2010. In a lawful attempt to solve this matter I offer you a final opportunity to cure this default by responding in substance, actually addressing the points raised in the original notice in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability, and that the facts contained therein are true, correct, complete and not misleading within seven (7) days from Monday 22th, March, 2010.
If you fail to do so in good faith, it will be deemed a tacit agreement by your acquiescence that I have no obligation to pay Council Tax and will result in a Notice of Default and of Estoppel by Acquiescence.

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



I'm sure my wording is a bit dodgy so any comments greatly appreciated .

Dave.
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Re: Another approach to Council Tax

Postby pedawson » Sun Mar 21, 2010 10:40 am

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
Don't be surprised to discover that luck favours those who are prepared
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Re: Another approach to Council Tax

Postby MikeThomas » Sun Mar 21, 2010 11:30 am

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!
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