Another approach to Council Tax

[tomrush]

Looking at that "Valuation Tribunal"


> "The Valuation Tribunal is an independent appeals tribunal, funded by Parliament to handle council tax and rating appeals in England."
> "It provides a free service"

Hold on, what. I don't think so! Methinks there is a vested interest there, just like with everything else they claim is "independent", or "fair".

They really will try anything. Give 'em hell.

[dmurphy25]

These are the letters that I intend to send out on Monday... Though I know I don't need to I thought I'd start with a cover letter:

Dave: of the Murphy family
c/o ADDRESS,
TOWN
COUNTY [POSTCODE]
12th April 2010

Ref: XXXXXXXX

Dear Elaine: of the Henderson family,

Thank you for your letter dated 6th April, I write to you as a courtesy since I already have a default judgment and irrevocable estoppel by your tacit acquiescence.

Once again, 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; however, I note that at the same time you required me to recognise the status of your alleged “Demand Notice” and act upon it accordingly.
A notice is “the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties”. For my part I noticed your notice and responded in a timely manner by conditionally accepting it upon proofs of claim and by seeking clarification of its content. You on the other hand, have dishonoured my notices and this has resulted in a default judgment against you.

Although you may believe that you have answered my questions sufficiently, for reasons detailed in my NOTICE OF NON ACCEPTANCE DUE TO LACK OF SUBSTANCE AND CLARIFICATION you failed in your legal and moral duty to answer in full all questions and points raised.

Furthermore, you have dishonoured my NOTICE OF DEFAULT AND OF ESTOPPEL BY ACQUIESCENCE by communicating with me without my consent. Therefore I must advise you that my fee schedule, as detailed in the aforementioned notice, is now active and I have enclosed an invoice for £1000.00 (ONE THOUSAND AND ZERO PENCE GREAT BRITISH POUNDS STERLING) payable on receipt.

It appears that THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES, a private, for-profit corporation intends to continue in its attempt at Fraud, Extortion and Obtaining Property by Deception. As such, I feel I have no choice but to begin proceedings to serve a Commercial Lien upon THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES for commercial damages incurred in this regard to the value of £5608.92 (the principal sum plus three times (3x) the principal sum in damages)
I have enclosed a NOTICE OF LIEN INTEREST in order to begin this process. I advise you to consult with your legal department before continuing.

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


Enclosures.
Notice of Lien Interest
Fee Schedule Invoice
Dun & Bradstreet Company Listing for Royal Borough of Windsor & Maidenhead

I was thinking of responding to the line in the council's letter "The Council must collect the Council Tax in accordance with the Local Government Finance Act 1992 and associated regulations." pointing out that the word "Must" is legally synonymous with the word "May" and assert that the council "may not" collect council tax if I don't agree... but I thought it was a little weak

Anyway here's the Notice of Lien Interest, Thanks again HG for the sanity check

NOTICE OF LIEN INTEREST
NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND
NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Ref: XXXXXXXX

F.A.O. Elaine: of the Henderson Family

Pursuant to the clearly expressed terms of your company’s dishonour of:

NOTICE OF REQUEST FOR CLARIFICATION AND CONDITIONAL ACCEPTANCE dated 3rd March 2010 Royal Mail Tracking number SCXXXXXXXXXGB delivered 4th March 2010, and

NOTICE OF DEFAULT AND OPPORTUNITY TO CURE dated 11th March 2010 Royal Mail Tracking number ZWXXXXXXXXXGB delivered 12th March 2010, and

NOTICE OF NON ACCEPTANCE DUE TO LACK OF SUBSTANCE AND CLARIFICATION dated 20th March 2010 Royal Mail Tracking number ZWXXXXXXXXXGB delivered 22th March 2010 and

NOTICE OF DEFAULT AND OF ESTOPPEL BY ACQUIESCENCE dated 30th March 2010 Royal Mail Tracking number AGXXXXXXXXXGB delivered 31st March 2010

I hereby serve Notice of Lien Interest.

For avoidance of doubt Mr DAVID MURPHY has a commercial claim against THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES valued at £5608.92 GBP (FIVE THOUSAND SIX HUNDRED EIGHT POUNDS AND NINETY TWO PENCE GREAT BRITISH POUNDS STERLING).
The DEBTOR has SEVEN (7) days from service of this notice to raise any substantive issues disputes or counterclaims pertaining to this matter.
Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,


By Dave: of the Murphy family, authorised representative of Mr David Murphy
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

Oh well I couldn't upload the invoice but you get the picture

If anybody has any thoughts, comments or criticisms I'd love to hear them

Dave.

[dmurphy25]

Looking at that "Valuation Tribunal"


> "The Valuation Tribunal is an independent appeals tribunal, funded by Parliament to handle council tax and rating appeals in England."
> "It provides a free service"

Hold on, what. I don't think so! Methinks there is a vested interest there, just like with everything else they claim is "independent", or "fair".

Hahahaha, you almost sounded surprised there for a sec

They really will try anything. Give 'em hell.

Thanks Tom, I intend to... I can't wait to get to court

[dmurphy25]

Quick update:

I held off on sending the Notice of Lien Interest and cover letter until today because I wanted to make sure that my approach to the lien was correct and that I didn't need anything else in place before starting the process.

After speaking to Nutty Norm from Freedom Rebels, I was reassured though he did point out that I had neglected to add punitive damages to my lien amount so I have updated my lien notice accordingly

NOTICE OF LIEN INTEREST
NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND
NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Ref: XXXXXXXX

F.A.O. Elaine: of the Henderson Family

Pursuant to the clearly expressed terms of your company’s dishonour of:

NOTICE OF REQUEST FOR CLARIFICATION AND CONDITIONAL ACCEPTANCE dated 3rd March 2010 Royal Mail Tracking number SCXXXXXXXXXGB delivered 4th March 2010, and

NOTICE OF DEFAULT AND OPPORTUNITY TO CURE dated 11th March 2010 Royal Mail Tracking number ZWXXXXXXXXXGB delivered 12th March 2010, and

NOTICE OF NON ACCEPTANCE DUE TO LACK OF SUBSTANCE AND CLARIFICATION dated 20th March 2010 Royal Mail Tracking number ZWXXXXXXXXXGB delivered 22th March 2010 and

NOTICE OF DEFAULT AND OF ESTOPPEL BY ACQUIESCENCE dated 30th March 2010 Royal Mail Tracking number AGXXXXXXXXXGB delivered 31st March 2010

I hereby serve Notice of Lien Interest.

For avoidance of doubt Mr DAVID MURPHY has a commercial claim against THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES valued at £4,000,000.00 GBP (FOUR MILLION GREAT BRITISH POUNDS STERLING).
The DEBTOR has SEVEN (7) days from service of this notice to raise any substantive issues disputes or counterclaims pertaining to this matter.
Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,


By Dave: of the Murphy family, authorised representative of Mr David Murphy
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted

Thanks Norm for pointing out this minor oversight

[dmurphy25]

Obviously the council aren't going to let this go, they are ignoring everything including my invoices, I received this final reminder notice in a very scary pink colour

Mr. David Murphy
Address
Town
County
Post code

You have previously been asked to pay Council Tax for the period 13 February 2010 to 31 March 2010 and £164.44 is still outstanding.

If payment IN FULL is not received at the Council Offices by 5 May 2010, the Magistrates' Court will be asked to issue a summons against you to commence legal proceedings for the recovery of the Council Tax due.

NO FURTHER REMINDERS WILL BE ISSUED

If you have genuine difficulty in making this payment.you should contact the Council Tax Section to discuss the possibility of an alternative payment arrangement. Please consider the advantages of paying by direct debit. You can contact the Council Tax Office by direct line phone or by e-mail at: council.tax@rbwm.gov.uk.

Please read the notes overleaf.

Yours faithfully

Head of Revenues and Benefits

Oh no, they are going to hire a court room and pretend to get a liability order against me, what am I to do? Well write them back that's what

Council Tax Unit
PO Box 3446
Town Hall

4 May 2010

Ref: XXXXXXXXXX

Dear Penny: of the Jackson family,

Thank you for your second Reminder Notice dated 28th April 2010.

Due to your unauthorised communication and this subsequent response and pursuant to my fee schedule, as detailed in the NOTICE OF DEFAULT AND OF ESTOPPEL BY ACQUIESCENCE, I enclose an invoice for £1000.00 (ONE THOUSAND AND ZERO PENCE GREAT BRITISH POUNDS STERLING) payable on receipt.

I note that you intend to ask the court to issue a summons against Mr. DAVID MURPHY, I would be happy to attend as agent for MR. DAVID MURPHY to a properly convened court of Her Majesty’s Court Service; in which case I shall expect a summons which displays the court seal, a valid case number and a wet signature by a magistrate, clerk of the court or suitably qualified officer of the court.

Should I receive a document that purports to be a court summons but does not comply with the above conditions of a valid court summons, it will be considered as fraud by THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES and I will pursue additional commercial remedies which may result in substantial criminal damages against THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES.


Please note that at this point THE ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD trading as WINDSOR & MAIDENHEAD SOCIAL SERVICES has incurred £3000.00 in unauthorised communication and response letter fees, if you have genuine difficulty in making this payment you should contact me immediately to discuss the possibility of an alternative payment arrangement. I hereby authorise communications of this nature.

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

I invite any comments or criticism before I send it out tomorrow afternoon

[Veronica]

I haven't read the whole of this Topic ... but:

1. Using "Without Prejudice" means that none of the letters can be admitted as any kind of evidence in any Court. Thus - to all intents & purposes - the letters were "pure negotiation" ... and 'they' could say they were not bound to negotiate ... however ...

2. The Civil Procedure Rules - WHICH THEY MUST FOLLOW (AS FAR AS THEY ARE CONCERNED) state that a Council Tax Liability Hearing CANNOT be held within the boundaries of the Council's responsibilities. Thus ALL Council Tax Liability Hearings are ILLEGAL (on top of being unlawful, of course!) ... due to MASSIVE CONFLICT OF INTEREST. (Which is always on CLEAR & BLATANT demonstration at any such Hearing)

[strawmansarah]

....if you have genuine difficulty in making this payment you should contact me immediately to discuss the possibility of an alternative payment arrangement. I hereby authorise communications of this nature.

I paticularly liked this bit

Do you know how you will enforce your lien?

[dmurphy25]

I haven't read the whole of this Topic ... but:

1. Using "Without Prejudice" means that none of the letters can be admitted as any kind of evidence in any Court. Thus - to all intents & purposes - the letters were "pure negotiation" ... and 'they' could say they were not bound to negotiate ... however ...

I had heard something about this point but I'd already started sending my notices when I found out there might be a problem,I can't say I quite understand why reserving one's rights using "without prejudice" makes a document inadmissible in court, does that still apply when it's used on notices? Sorry to appear dim but does it's use negate the legal standing of a notice?

2. The Civil Procedure Rules - WHICH THEY MUST FOLLOW (AS FAR AS THEY ARE CONCERNED) state that a Council Tax Liability Hearing CANNOT be held within the boundaries of the Council's responsibilities. Thus ALL Council Tax Liability Hearings are ILLEGAL (on top of being unlawful, of course!) ... due to MASSIVE CONFLICT OF INTEREST. (Which is always on CLEAR & BLATANT demonstration at any such Hearing)

I dont think my little statement about the summons will make them pause but I wanted them to know that I know the game they're playing. I also have a statement from The Parliamentary Under Secretary of State, Ministry of Justice (Bridget Prentice) that lays out the duties of the court in Council Tax cases:

http://www.justice.gov.uk/news/announcement221009a.htm

I know that the maggies will want to railroad me but perhaps they'll listen to what their boss has to say

[strawmansarah]

WITHOUT PREJUDCE means that the RECIPIENT cannot use that document in Court - ie it cannot be used to incriminate you in any way. What YOU do with your own documents however is up to you, and YOU can most certainly bring them to Court if you so choose...

[Dipsy]

Your not a Secured party Creditor, nor do you have any enforecement....oh dear your going to the gas chambers!!