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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Is a council Tax Liability order legal which has a signature

Customer Question

Is a council Tax Liability order legal which has a signature which is unreadable, no printed name of the J P and no seal or Court Stamp? I have discovered that the Borough council involved issue their own summons and liability orders. Is it usual practice for councils to do this?
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
I am sorry but it is.

There is case law on what makes these things defective and it literally has to be such that you could not understand its for you. Since you don't mention any confusion, I imagine its very clearly addressed to you.

All signatures are unreadable in my experience anyway.

There is no requirement for a printed name in law.

They would normally use a court stamp but the fact that there isn't one wouldn't invalidate this I'm afraid.

The Council can issue their own summons but a liability order has to be examined by a court. The Council cannot issue it themselves.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 5 years ago.

For Jomo1972 My name is not on the order NOR the case number. As I have never seen the orders before being presented with very poor copies which have apparently been accepted by a judge I have to question them especially as the amounts demanded are incorrect and several months ago the council wanted nearly £1,000 more!!!! I no longer live at the address they relate to ,although I do own the property

Expert:  Jo C. replied 5 years ago.

I am very sorry but I suspect you will find they are valid liability orders.

If you own the property then its clearly for you.
Customer: replied 5 years ago.

I find it very hard to believe they are genuine because there is no seal ,or stamp Also I was threatening a judicial review of a planning application at the time these very poor copies were sent to court. I have in fact initiated the review now and it would not be the first time this particular council have attempted to take me to court (to shut me up in my opinion) they tried to claim they owned part of my land but ended up paying my costs in 08, when I last challenged them about a different matter. Surely I should have received a stamped copy at the time they were issued? Are the council or thr magistrates court obliged to let me see the original?

Expert:  Jo C. replied 5 years ago.
1 No, like I said above.

2 No. They would give you a copy but if they didn't that would not invalidate the order.

If you think its a forgery then do take them to court.

Happy to continue with this but please rate my answer.