As of this morning – 10/08/15 – the have made a complaint to both the Head of Finance of Shepway District Council [SDC] and the Auditor – Grant Thornton regarding SDC Accounts for the year 2014 – 2015..
I have objected to the Council’s Account and have asked the auditor to issue a report in the public interest under s8 of the Audit Commission Act 1998 and also to apply to the court for a declaration that items in the Accounts are contrary to law under s17 of the Audit Commission Act.
Part of my Complaint
In the 1992 Council Tax Enforcement Regs, Liability Orders could be raised against those who held a debt – The Liability Order – which was the Prescribed Form laid down by Parliament as it was clearly intended that there would be a written order, sealed and signed by the court.” In 2003, this requirement was terminated. Parliament were meant to replace this but there appears to have been an oversight and nothing since 2003 has replaced it.
Since 2003 there has been no Liability Order. How then can one legally establish that the debt was owed and the magistrates were satisfied that all the steps required had been taken or the amount was correct?
Under CPR rules it is not possible for SDC to walk into a court and state Ithat Mr X owes SHEPWAY DISTRICT COUNCIL Y pounds without evidence. SDC cannot say our computer screen, shows that Mr X owes Y as that would be Hearsay evidence and inadmissible in court. There is no liability order, therefore it cannot be legally established the debt is owed.
SDC have raised monies from council debtors and have done so in the magistrates court without any evidence establishing the debt is owed. They have also collected this monies from alleged Council Tax Debtors and placed onto their accounts, for the year 2014/15. As this money was received on a basis that No court should have allowed, this monies needs to be repaid to the alleged debtors and the council need to claim the debt legally, not illegally as they are at present.
I have given written notice of my objection and the grounds on which it has been made.
Now for their reply, which will not be speedy.