LBBD Council
Comments
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We all understand your frustration, it is very clear to all of us and folk just want to help you the best they can.
1 - Apart from state pension what other benefits exactly are you both claiming?
2- Are either of you receiving any other pensions? (apart from state pension)
3 - Do either of you have any savings/capital? do you own any properties that you don’t live in?
For each of those 3 questions above just answer exactly what is being asked, so for example, to question 1 put = none or the actual benefits you and your wife receive. You do need to put in the actual amounts and not just …… Don't be tempted to explain all about the council again, your answer will just end up lost in the middle of it. You also need to tell Poppy if you have any savings and how much if you do have any.
No one likes disclosing financial information but if you want help it is the only way Poppy can help. A while ago I had to disclose mine as I become eligible for state pension next month and I wanted to see if I could claim pension credit.
The above is just a way that might help Poppy try and see where things might have gone wrong. I hope you don't mind my input, it would be a real shame if you let this opportunity to get some free help bypass you. Anyway it is your choice but do think about it and just try the above if you feel you can.
Hoping you get somewhere with all this, wishing you and your wife the best of luck x
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@mrsBB thank you but I'm afraid I will not be able to give any advice here. I'd advise Thunderbird to get some expert advice from an agency near them.
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I want to assure you that nobody here thinks your experiences are fairy tales. We understand that what you are going through is very real and challenging. It’s not that we do not share the same views; rather, our ability to assist is limited since we are all disabled individuals and not professionals in matters relating to the LBBD council. We have offered as much advice as we can, and it seems we’ve reached the limit of what we can provide. As I mentioned in a previous post, reaching out to your local councillor might be more effective, as they are likely better positioned to assist with the specific challenges you're facing with the LBBD authority. I sincerely wish you and your wife all the best in resolving these issues.
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I haven't been abrupt and I'm sorry you think that. There were some comments on the other thread where I tried to help you that accused me of being abrupt when I wasn't.
For this reason I've decided that I'm unable to try to help you further. I've never once said that I don't believe you and I don't believe anyone else has either.
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The issues you have raised appear to have a very long and complex history. You would be better seeing if there is a solicitor in your area that can assist you and who specialises in these sorts of disputes/issues. You may be able to get legal aid for any representation you seek. Try ringing the law society (0)20 7320 5650 as it should be able to provide you with a list of firms in your area that can help you.
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Hi @Thunderbird. I agree that a solicitor would be best in advising you as it is extremely complex and we are unable to offer legal advice. I understand you have seen a solicitor before but hopefully you can find an alternative one that will be understanding of your situation. I truly hope you are able to get this resolved.
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Thunderbird, you should submit a formal written complaint to LBBD, clearly identifying it as such. It is crucial that the council recognises this as a formal complaint and not just another piece of written communication about the problems you are encountering; they need to address your concerns properly. Simply sending one-off complaints or informal letters is not the same as lodging a formal complaint. Your formal complaint must be detailed and structured, thoroughly outlining all the issues you are facing. Be sure to include all relevant evidence, such as correspondence, payment records, and documentation of financial losses.
If LBBD does not provide a satisfactory response within the standard 12-week period, or if their response does not adequately address your concerns, you then escalate the matter to the Local Government and Social Care Ombudsman.
Additionally, I recommend formally contesting your property's current Council Tax banding by challenging it with the Valuation Office Agency (VOA). Request a reassessment to confirm that your property is in the correct band. If successful, this reassessment could potentially reduce your Council Tax liability, possibly with retrospective effect. Please be aware that the VOA can alter your council tax band, which may result in one of three outcomes: your band could be lowered, remain the same, or be increased.
Finally, seek independent legal advice to evaluate the possibility of claiming compensation for any financial losses and distress you have experienced. This will involve your solicitor conducting a thorough assessment of your case to determine whether pursuing a claim against the relevant parties is viable.
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Whilst this is undoubtedly a distressing experience for you, it is something you can use to your advantage.
By that, I mean let the council take the matter to court for your supposed non-payment of council tax.
Obviously you will have to submit your formal defence to the claim and the basis of it, as you have articulated in detail (in essence that you have paid all monies due and are not in any form of arrears). Then use the court hearing to demonstrate to the judge, armed with all of your documentary evidence of payments you have made, that the council's claim is flawed.
The council's claim will be proven to be totally misconceived/vexatious and the court will reject it. You will then have that court order to use in support of a potential claim against the council (you would need to seek legal advice in respect of any potential claim you have against the council e.g. for personal injury caused by any breach of duty of care, misfeasance, negligent handling of your council tax account etc)
A cautionary note however - do not ignore the legal proceedings. You must respond to the claim made by the council by entering your defence, otherwise the council will be able to get a "default judgment" against you for a failure to enter a defence. I am assuming the council have made a claim online via the small claims court and therefore you can enter your defence via the online small claims portal.
Do not labour under any assumption that responding directly to the council with your protestations is sufficient to deal with the matter - it isn't. Responses to legal proceedings must be by way of formal defence lodged with the court and there are strict time limits which you must comply with.
I would still strongly recommend you instruct a solicitor. However, if this isn't something you wish to do you can represent yourself as a litigant in person.
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Rider:-
Apologies, I was a civil litigator so I have just had a look at the process re council tax summones.
So, what I have said still applies albeit I now know it is a magistrates court matter.
Therefore, it is still wise to write to the magistrates court in advance of the hearing setting out your defence with reference to the evidence in your possession. This is so that when you attend court the magistrates have had the benefit of your advanced submissions. You should prepare for yourself and the magistrates a bundle of documentation in chronological order in support of your defence, and it should be indexed and paginated for ease of reference for all concerned (i.e. you, the council and the magistrates). When you go to court you can then make representations to the magistrates by taking then through all of your evidence in support of your defence.
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Have you tried contacting Citizens Advice Bureu? They are useful, approachable and free
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Thank you for informing us that you have already escalated your complaint, engaged the Ombudsman, and requested a reassessment of your property by the VOA. It is perplexing that the council has continued to issue additional summonses despite these actions. This suggests that the situation may be complex and could involve legal nuances that warrant careful consideration.
It is important to approach this matter with caution. Given that this forum is not equipped to provide a thorough review of your documentation, it is impossible for anyone to offer accurate advice or evaluate your case here.
Proceeding to court is a significant step. Even if you believe the council is at fault, it is crucial to have your case evaluated by a qualified professional. Legal disputes, especially those concerning council tax, can be intricate and outcomes are not always straightforward.
Consulting with a solicitor will ensure that your case is comprehensively examined and that you receive tailored guidance specific to your situation. Your case requires a detailed review of all pertinent documents and facts. I wish you and your wife all the best.
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A liability order for unpaid council tax in the UK is usually issued by a Magistrates Court, not a County Court. When you do not pay your council tax after receiving reminders, the council can ask the Magistrates Court to issue a summons for a hearing.
The Magistrates will not consider arguments unless they are valid defences (you should have received a list of valid defences with the summons) or take your financial situation into account when deciding whether to issue the liability order. However, the council will consider your financial situation when discussing how you will repay this debt once the order has been made. This is why it is so important to contact the council tax department immediately regarding this summons.
You have mentioned several times that you have asked your housing officer to visit. While I understand they may handle rent related issues, I am not sure their role extends to council tax matters. It might be worth double checking with your council tax department, as housing officers likely have a different role than council tax officers, which could explain why no one has contacted you about this issue.
Thunderbird, I know this situation must be stressful for you and your wife. Seeking help from AGE UK could be very beneficial. They can offer face-to-face support and advice on any benefits or other assistance you might be entitled to.0 -
Sounds like you have found someone who might be able to assist you. I hope you can get a favourable resolution.
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I am extremely sympathetic regarding your obviously horrendous experiences with LBBD, as I sure everyone else on the forum is. And I think everyone who has posted has tried to help and support you as best they can.
Clearly, it is impossible for myself and others to have a full grasp or understanding of your issues with LBBD - we are not experts and we are not the ones you should be aiming your arguments at. I don't quite understand what you can achieve by this.
We all have our own issues/disabilities/problems to deal with and I certainly don't have the desire, time or energy to be looking into points which, at the end of the day, having nothing to do with my life, my own problems, my own challenges - which I find difficult enough to deal with.
You seem to to making repeated points to the people on this forum who have taken time to post and done their best to try and help you and to make suggestions. Your comments in response to those posts come across as negative, critical and show a lack of any gratitude.
People have tried their very best to assist and I don't think you have said thank you for their time or empathy once. For me, and I am sorry to have to say this - but that is just bad manners, regardless of your ongoing frustrations with the LBBD.
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