Council Tax withholding Process

LETTER BEFORE ACTION RE: WARNING RE: CAUTION NOTICE

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!

If they do not respond within the 7 days to your WARNING NOTICE in a meaningful way by:

  • an automatic response confirming receipt of your email, or
  • Their standard response they have a right under the Local Government Finance Act 1992 and the Council Tax Administration and Enforcement) Regulations 1992, or
  • no response at all) within 7 days,

then send them a LETTER BEFORE ACTION RE: WARNING RE: CAUTION NOTICE

You will have all the information you require to fill in the LETTER BEFORE ACTION from your WARNING NOTICE.

SERVICE BY POST:

 

Notice to principal is notice to agent, notice to agent is notice to principal

CEASE your claimed enforcement rights, and DESIST until this dispute is settled.

Email service in accordance with precedence PT-2018-000160

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

LETTER BEFORE ACTION RE: WARNING NOTICE RE: CAUTION NOTICE [your reference number] regarding your claim ref: [their bill/account/summons #]

Further to your above referenced claim I sent you a correspondence on the [dd/mm/2022], a CAUTION NOTICE on the [dd/mm/2022], and a WARNING NOTICE on the [dd/mm/2022] requiring for you to prove my obligation to comply with your demand in your above referenced communication.

You have failed to provide your full, accurate and complete response to settle this dispute, and thereby are breaching of my peace which is a trespass upon me.

Accordingly I herewith serve you this LETTER BEFORE ACTION, and require your full, accurate and complete response to my CAUTION NOTICE within 7 days to prove my obligation to comply with your demand.

Further, I have previously notified you that I am withholding payment pending your proof of claim.

Further, should you send any more correspondence not evidencing your claim in accordance with point 15 of the CAUTION NOTICE you will incur a trespass charge of £500 per hour or part hour for my time.

Regards,

[your first name only]

 


Print a copy for your records and send signed for delivery.

Your RECORD now is 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 dd/mm/202y.
  5. CAUTION NOTICE dated dd/mm/202y,
  6. Signed for delivery, served on receipt date dd/mm/202y.
  7. WARNING NOTICE date dd/mm/202y.
  8. Signed for delivery, served on receipt date dd/mm/202y.
  9. LETTER BEFORE ACTION date dd/mm/202y.
  10. Signed for delivery, served on receipt date dd/mm/202y.

SERVICE BY EMAIL:

1 - Forward your WARNING NOTICE email.

2 - Email TO: all the email addresses in the notice.

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: LETTER BEFORE ACTION RE: WARNING NOTICE RE: CAUTION NOTICE [your reference number] regarding your claim ref: [their bill/account/summons #]

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

 

Notice to principal is notice to agent, notice to agent is notice to principal

CEASE your claimed enforcement rights, and DESIST until this dispute is settled.

Email service in accordance with precedence PT-2018-000160

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

Further to your above referenced claim I sent you a correspondence on the [dd/mm/2022], my CAUTION NOTICE (below) of the [dd/mm/2022] and my WARNING NOTICE (below) of the [dd/mm/2022], requiring for you to prove my obligation to comply with your demand in your above referenced communication.

You have failed to provide your full, accurate and complete response to settle this dispute, and thereby are breaching of my peace which is a trespass upon me.

Accordingly, I herewith serve you this LETTER BEFORE ACTION and attach for your reference a further copy of the CAUTION NOTICE, and require your full, accurate and complete response to my CAUTION NOTICE within 7 days to prove my obligation to comply with your demand.

Further, I have previously notified you that I am withholding payment pending your proof of claim.

Further, should you send any more correspondence not evidencing your claim in accordance with point 15 of the CAUTION NOTICE you will incur a trespass charge of £500 per hour or part hour for my time.

Regards,

[your first name only]

Attachments:
CAUTION NOTICE [and if you signed by hand also

picture of pages 1, and

picture of page 12].

 

6 - Attach the pdf or protected:

CAUTION NOTICE, and

if you signed by hand also the

pictures of pages 1 and

picture of page 12.

7 - Double check

8 - Click send

Your RECORD is now 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,
  6. The Caution Notice dated dd/mm/202y,
  7. Your email serving the Caution Notice dated dd/mm/202y,
  8. Bounced back delivery (or friend), served on receipt dated dd/mm/202y,
  9. Your email serving the Warning Notice dated dd/mm/202y,
  10. Bounced back delivery (or friend), served on receipt dated dd/mm/202y,
  11. Your email serving the Letter Before Action dated dd/mm/202y,
  12. Bounced back delivery (or friend), served on receipt dated dd/mm/202y.

WAIT 7 DAYS FOR A RESPONSE

Your Caution Notice details your rights and requires the Council to prove their right and your obligation or simply 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.

INVOICE FURTHER BREACHES OF YOUR PEACE

You now have followed your due diligence and completed your pre-action protocol for debt by asking for proof of claim.

Any further correspondence you receive which does not prove their claim is obfuscation by either claiming what they have no lawful right to claim, or creating a dispute where none exists, and those are breaches of your peace which is a trespass against you so you can invoice them at £500 per hour or part hour as detailed in your CAUTION NOTICE.

These are payable within 7 days of service, and if they do not pay then you will use the same process against them that they are attempting to use against you, except you have lawful excuse - breach of your peace is trespass!

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 Notice.

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