The Right To A Fair Trial

Again I feel I have to write about the abuse people are receiving when being unable to afford their Council Tax.
“Abuse, what abuse, they haven’t paid, so just who is abusing the system?” You cry…..

Well my Friends, The Authorities, that’s who is abusing the system!!

Council Tax has always been a burden to many, rich and poor alike. This year in particular, as many of the poorest, ie those on Benefits are having to face paying Council Tax for the first time. Under the new scheme, Council Tax Benefit has been replaced by Council Tax Support. They have to try and find an amount from their Benefits. That’s includes Unemployed, Sick and Disabled.

So, just how are the Local Authorities abusing the system? – I’ll tell you.

This is actually stated on Dover Council’s own website.
“Do I need to go to the court hearing?

You do not need to go to the court hearing unless you have a legal defence against the issue of a liability order. We are able to deal with any other concerns or queries you may have with you directly. You do not need to attend, however you may do so if you so wish.”

http://www.dover.gov.uk/Benefits-Council-Tax/Council-Tax/Arrears–debt-recovery/Summons-and-liability-order/Have-you-received-a-Council-Tax-summons.aspx

Another: Haringey
Court

You do not have to attend the court hearing……..”
http://www.haringey.gov.uk/index/advice_tax_and_benefits/counciltax/ctaxrecovery.htm#summons

I could go on, showing you webpage after webpage but you get the drift.

Today it was the Turn of Southwark Council. Thousands had been summonsed to Camberwell Magistrates Court. To my knowledge the Council did everything to deter people from seeing the Magistrates.
They even had the arrogance to on paper to put in huge red bold letters “*IMPORTANT* You do not need to actually attend the Court”

I mean, How dare they?

Image

How bloody dare they try and deter people from their access to Justice???

“What does that matter?” you ask. – First of all under Article 6 of the European Convention of Human Rights ‘everyone’ has the right to a fair trial.
http://www.equalityhumanrights.com/uploaded_files/humanrights/hrr_article_6.pdf

Second: The fact is, these people are being summonsed because they are poor and for what ever reason have not managed to pay their Council Tax. When a Summons is issued, there is a cost. When a Liability Order is issued, there is a cost. Now, ‘if’ the ‘accused’ (we’ll call them that for want of a better word) were to be given access to the Magistrates, then at least they could tell them their plight and how they came to be in this situation. They CAN ask the Magistarate if the Costs could be waived due to hardship etc, thus keeping the debt to it’s minimum.
The costs range throughout the Country. Here in Cornwall it’s £60 in total. In Haringey I believe it is the region of £125. It has been found that the cost to produce a Liability Order is just £3.00!!!
So by not explaining to the Magistrate, you then have this extra amount added to you bill.

The only ones who are benefiting from this are the Local Authorities, you do the maths!! They are making a massive profit off the backs ot the poorest!!!

So, to conclude ANYONE reading this, my advice to you is if you have been summonsed for non payment of Council Tax, you attend and when you get there don’t be fobbed off by the Council. It is YOUR RIGHT – USE IT!!!!!!

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10 thoughts on “The Right To A Fair Trial

    • good one Michelle 🙂 years ago i took on the big gas company they took my ex-wife to court….. i told her not to turn up as i took the time off work…. the bill british gas was claiming for was £99.00 the only problem british gas was i was paying the bill with another company. and i had all the bills and even better i kept all recites and even the bill form the other company the case was thrown out

  1. Pingback: The Right To A Fair Trial | SteveB's Politics &...

  2. I Totaly agree.i dont believe in the so called credit crunch if it actualy happened then that would mean that those in charge would have the inteligence of 6 yeat old if thats the case then why is everybody voting for this !.i believe this so called credit crisis is a blatent excuse to charge higher prices to makemore money for the greedy corprates and to keep people in a state of fear its easier to control people and bring in more draconian laws.in the end the rich are getting richer and getting more rich by making us all poorer.this seems to happen in cycles ie early 80,s early 70,s and so on.there is a pattern to all this.a credit crisses just does not happen its created and created by those we leave govern us

  3. Moray Council in Scotland do not even notify people they are being ‘taken to court’. They only find out they have been ‘taken to court’ after the sham ‘case’ has been heard in the sham ‘court’ and they receive a letter from ‘Sheriff Officers’ demanding the money plus a nifty little fee for the pleasure of the ‘case’ being heard without the ‘accused’ having any idea it is happening. There is no right of appeal (because, of course, it is not a real hearing or court) and the Sheriff Officers and Moray Council refuse to produce any paperwork. The Sheriff Officers and Moray Council’s position is that they do not need to inform people their ‘case’ is being heard because they are warned on the back of any default notice that it will be referred to the ‘Sheriff Court’ if it is not paid within a certain amount of time.

  4. Quite strange really, or is it? It’s becoming well known that the Courts and the Council are working in collusion with each other against us.
    Especially where Liability Orders are concerned, because 99% of the time, they don’t exist and cannot be produced by the offending council.
    In my opinion, going to court is the WORSE thing you can do. It’s doesn’t matter if your arms and legs fell off, they won’t give a toss, they just want your money!
    By attending court, you are playing right into the hands of their system, you are there to do business with them, in other words, how much money they are going to extract out of you and if you don’t, you’ll get carted off to the holding cells below and detained until they say so/until you see sense and pay your council tax.
    I’ve never attended court and never will, primarily because I’m not stupid enough to turn up. I have had liability orders slapped against me, I retuned them both to the council and denied any responsibility, still to this day, I have not been asked to pay what they think I owe and on both counts I’ve asked for valid accounting and proof of liability and guess what?, they can never produce it!
    I even have £400 outstanding from 2012 council tax, they know where I am and they have sent me a Council Tax bill for 2013 with a reminder, typed in 8pt Arial font right at the bottom among other small print, that “you still owe us £400” – I do?, write it off with all my other money you lost through KCC/Iceland.
    Whatever you do, your only communication with COUNCIL SCUM should be done in writing ONLY, phone calls if you must, but be careful of coercion and entrapment while on the phone to these kinds of scum!
    I even told my council to lose the phone number they had for me and never to even try calling, if they do, I will have them under the Wireless Telegraphy Act 1977. They were strictly instructed to communicate by WRITING only or I will see THEM in a different court. They did right and now they only write. They’ve tried sending Bailiffs and DCA’s, both of whom were ushered off the premises by a few kind words and 2 A4 notices, removing their right of implied access – it works a fucking treat!
    I also made sure that the Bailiff got a copy of my Notice stating access for them was removed, I sent it by email with the A4 notice as an attachment. they replied within 15 minutes, stating that the DEBT would be sent back to the original CREDITOR, aka, The Council!! 😀
    Farkham Hall
    ;Love and light Xx

  5. I recently received a court summons from Norwich City Council re: non- payment of Council Tax. I was fortunate to even receive the letter as it had been forwarded by a friend to my new address in Chester 2 weeks before the court date.

    When I challenged Norwich City Council, they found on their records that I had a) informed them that I was leaving the area a month before my departure b) paid all requested payments during my period of residence and most disgracefully, c) there was actually a credit on my account, which meant that they owed me money.

    Had I never received the letter, I would now have a Council Tax debt of £800 (despite actually being owed money!!) that I would be completely unaware of until I required any credit referencing.

    This leads me to question:
    How many summons are issued in error?
    How appropriate is it for councils to deal with Council Tax only via letter?
    How many people are being wrongfully burdened with debts that are not their own?
    What of the more vulnerable people in society who would be unable to deal with this? (Literacy issues, no access to a phone to wait on hold to speak to the Council, communication needs, capacity etc etc)

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