Council Tax withholding Process - Responding to the Bill

At all times withhold the amount that is due.

DO NOT PAY UNTIL THEY PROVE THEIR CLAIM...

that is your guarantee of honour and proof you are not just trying to avoid paying!

1 - Once your Bill arrives download and fill in 1st letter to Council giving them 7 days to prove your obligation, and a DSAR which they legally have 1 month to respond to.

20220326 1st-letter-to-Council

1st Letter via Dropbox link

20220326 DSAR-Council-Tax

DSAR via Dropbox link

THIS STEP IS OVER HALF THE EFFORT YOU NEED TO MAKE AND SHOULD NOT TAKE MORE THAN AN HOUR OF YOUR TIME!

Fill in for both 1st polite letter and DSAR:

  • [1 - Your first name and surname]
  • [2 – Your address]
  • [3 – Your email address]
  • [4 - Date]

You will need to search the internet to find and then fill in:

  • [5 – First and Surname of Head of the Council], and [the title of the office they hold], [their email address], and
  • [1st Letter 6 – First and Surname of Head of Revenue], and [the title of the office they hold], [their email address], and
  • [DSAR 6 – First and Surname of Data Controller], and [the title of the office they hold], [their email address], and
  • [DSAR 6a – First and Surname of Data Protection officer], and [the title of the office they hold], [their email address], and
  • [7 - First and Surname of the Councils Monitoring Officer], and Council Monitoring Officer, [their email address], and
  • [8 - First and Surname of any other people who have corresponded with you], and [the title of the office they hold], [their email address], and
  • [9 - Councils name and address as detailed on Bill], [their email address]

NEXT USE FIRST NAMES ONLY EXCEPT FOR THE COUNCIL - TRYING TO HUMANISE PEOPLE - REMOVE THEM FROM BEHIND THE MASK!

Dear [10 - Head of Council by first name], [11 - Head of Revenue by first name], [12 - Councils Monitoring Officer by first name], [13 - any other people who have corresponded by first name] and [14 - Name of Council],

From the Council Tax Bill in the top right hand side find and fill in the subject line:

  • [15 - last bill: number OR summons: number], dated dd/mm/202y

1st Polite Letter:

Sign and put your first name only:

  • [16 - Sign here]
  • [17 - Your first name only]

DSAR:

For DSAR add First names of Data Controller and Data Protection officer

Detail your second form of ID

  • [16 - add any other form of identification (driving licence or copy of another picture ID)]
  • [17 - Sign here]
  • [18 - Your first name only]

PRINT (IF YOU CANNOT ELECTRONICALLY SIGN), SIGN AND SCAN (OR COPY) BOTH DOCUMENTS.


SERVICE BY POST:

Put the 1st polite letter and the DSAR in an envelope, together with the copy of their Council Tax Bill and a second proof of identity.

Keep a copy for your RECORD as follows:

  1. Their Council Tax Bill, dated dd/mm/202y,
  2. Your 1st polite letter, dated dd/mm/202y,
  3. Your DSAR with 2 forms of ID, dated dd/mm/202y.
  4. Signed for delivery, served on receipt date.

SERVICE BY EMAIL:

1 - Either pdf or protect the files so they cannot be edited.

2 - Email TO: all the email addresses in the letter/DSAR.

3 - Email COPY: proofofdelivery@[the council’s server as is on the peoples email addresses, e.g. proofofdelivery@liverpool.gov.uk]. This will bounce back as undeliverable and is your proof of delivery and shows everyone that it was delivered to = witness 1.

AND

either to a friend or CouncilTaxWitness@protonmail.com. This is proof of delivery which can be certified if needed = witness 2.

4 - In subject line put: Information required and DSAR regarding your claim ref: [their bill/account/summons #]


5 - In the body of the email: Copy and paste and fill in as required:

 

Dear [All their first names only] and [the name of the Council]

Further to your above referenced claim please find attached the information and DSAR I require for you to prove my obligation to comply with your demand in your above referenced communication.

I require your full, accurate and complete response, failing which further action may be taken, including, but not limited to, withholding payment pending your proof of claim.

Regards,

[your first name only]

Attachments:

  • 1st polite letter, and

  • DSAR

  • Your Council Tax Bill, and

  • [my second ID]


6 - Attach the pdf or protected:

  • 1st letter and
  • DSAR and
  • Council Tax Bill and
  • one other form of ID.

 

 7 - Double check

 

8 - Click send

Keep a copy for your RECORD as follows:

  1. Their Council Tax Bill, dated dd/mm/202y,
  2. Your 1st polite letter, dated dd/mm/202y,
  3. Your DSAR with 2 forms of ID, dated dd/mm/202y.
  4. Your covering email letter dated dd/mm/202y,
  5. Bounced back delivery, served on receipt dated dd/mm/202y,.

WAIT 7 DAYS FOR A RESPONSE

Your response has questioned the lawfulness of their action, and until that is settled then they have no lawful excuse to continue their action as that will be a breach of your peace by knowingly  intending to cause you harm for which you now have the evidence!

They must within a reasonable time provide you with a full, accurate and complete response.

They have given you a minimum of 14 days Notice (§18 of the Council Tax (Administration & Enforcement) Regulations 1992) so to remove their lawful excuse we must respond within that time, and as time is now of the essence our 7 days is reasonable.

THE COUNCIL'S RESPONSE OPTIONS

1. An automatic acknowledgement of your email is an inadequate response and is another proof of service - they have received your communication

2. No response

3. Their standard response if you get one is Local Government finance Act 1992 as the source of their claim (their belief of lawful excuse to breach your peace as to why they sent you the bill in the first place).

That is already obfuscation as we are asking them to prove your obligation... which falls under section 34(6) of The Council Tax (Administration and Enforcement) Regulations 1992 [1] which requires the council to satisfy the courts the  presumption that the sum has become payable by the defendant (you) as you have already told them in the polite letter...

[1] The Council Tax (Administration and Enforcement) Regulations 1992 https://www.legislation.gov.uk/uksi/1992/613/regulation/34/made

4. Should you be lucky enough to get a meaningful response, or confirmation they will stop pursuing their beliefs then please email it to maphorn@protonmail.com