Council Tax - Frequently Asked Questions

Frequently asked Questions (FAQ's)

The Council has a responsibility to bill and collect Council Tax.

Q.      Can the Council provide an autographed or a signed lawful contract between myself and the Council

A.      Some residents consider that Council Tax is a contract and requires a legal contract and signatures indicating an agreement. Council Tax was created by Statute and a contract is not required. Therefore, any reference to the Companies Act, Contracts Act, Bills of Exchange or other Acts regarding companies or contracts is irrelevant.

 

Q.   Provide evidence of who is considered to be the liable party is contained in the Local Government Finance Act 1992 c14, Part 1, Chapter 1, Sections 6-9. Individual agreement of this is not necessary.

Q.   Provide evidence that you have the lawful and contractual authority to use the fictional name of "XXX" for the purposes or making money

A.    Whether a name is legal of fictional is irrelevant for the purposes of Council Tax. Council Tax is charged and is payable by whoever the liable party is, which is determined by reference to the Local Government Finance Act 1992 and Council Tax (Administration and Enforcement) Regulations 1992.

 

Q.   Provide confirmation that the debt exists lawfully

A.   The issue of a Council Tax Demand Notice (bill) creates the debt. A signature from a resident is not necessary for Council Tax, it is a tax, not a contract.

 

Q. Which law, not legislation, states that Council Tax must be paid

A. The Local Government Finance Act 1992, The Council Tax (Administration and Enforcement) Regulations 1992.

 

Q.  Please provide the copy of contract in where I agree to pay for Council Tax? Keep in mind that an "assumption agreement" does not stand up in court

A.  There is no contact for Council Tax

 

Q.  Provide documents containing a wet ink signature

A.  A signature is not necessary for the billing of Council Tax and no wet ink signature is mandatory on a Court Summons either. Previous case law has clarified that the use of a rubber stamp or electronic signature are both valid for the purpose of a Court signing a summons.

 

Q. I am a Freeman on the Land and I am not liable 

A. Being a Freeman on the Land does not mean someone can choose which laws they adhere to and which to ignore

 

Q. What happens if I choose not to pay my Council Tax

A. The Council will take enforcement action through the Magistrates Court to obtain a Liability Order.

This can result in Enforcement Agents being instructed to take control of goods from your property resulting in considerable additional fees.

It can also lead to an attachment of earnings order being made to deduct the Council Tax from your earnings or salary, or an attachment or benefits being made to deduct the money from your Benefits.

Additionally the Council can apply for a Charging Order on your property or apply to make you bankrupt.

In extreme cases, you can be sent to prison for up to 3 months per debt.

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