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    Formal complaint NELC
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    Council's response to formal complaint made to North East Lincs Council regarding the authority's unlawful application to Grimsby Magistrates' Court for a Council Tax liability order.

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    Council's response to formal complaint made to North East Lincs Council regarding the authority's unlawful application to Grimsby Magistrates' Court for a Council Tax liability order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    29 views2 pages

    Council Response 19 January 2016 Redact

    Uploaded by

    Formal complaint NELC
    Council's response to formal complaint made to North East Lincs Council regarding the authority's unlawful application to Grimsby Magistrates' Court for a Council Tax liability order.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    Our Ref:

    Enquiries:
    Direct Dial:
    E-mail:

    NEL/1172/1516
    Alan French
    01472 323767
    Alan.French@nelincs.gov.uk

    th

    19 January 2016

    Mr Xxxx Yyyyy
    XY Xxxxxxx Yyyyy
    Grimsby
    North East Lincolnshire
    AB12 3XY
    Private and Confidential

    Dear Mr Yyyyy
    I am writing in response to your stage 1 complaint received on 29 December 2015. As my role of
    investigating officer it is my responsibility to investigate your complaint and seek to resolve matters.
    I have spoken to relevant personnel and read the supporting documentation as part of the
    investigation process. I will now attempt to address each of your concerns in turn.
    You will be aware that much of the content of your letter falls outside the scope of the complaints
    process as it relates to your recent Liability order. Consequently there are only 2 points raised within
    your complaint that can be addressed
    1) The late response to your correspondence received 10th November 2015
    2) Your election that all payments and future payments are to be made to current years council tax
    liability
    Complaint 1: The late response to your correspondence received 10th November 2015
    Whilst I have found no evidence of your allegation that the delay was a deliberate act designed to
    secure additional payments I do find that the council has fallen below its high standards for
    responding to correspondence in this matter. The situation is as Mr Smith detailed in his letter 21st
    December 2015.
    The response had been prepared however it had not yet been sent. I agree that this should have been
    picked up before Mr Smith's return from illness
    Outcome:
    I do uphold this part of your complaint.
    Complaint 2: Your election that all payments and future payments are to be made to current
    years council tax liability
    As you know from the liability hearing 30th October 2015, the research you have undertaken in to
    allocation of payments case law and other information on the internet and freedom of information
    requests the allocation of payments is made upon payment.
    Therefore election to payments may only take place when those payments are made or at any time
    from the payment being made until the Council takes legal action to establish the debt.

    Information, Governance and Complaints Team


    Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire. DN31 1HU

    You are aware that the easiest method of making that election is to pay the correct amount at the
    th
    correct time. As Mr Smith has said in the letter dated 13 November 2015 should you make payments
    that will not automatically be allocated to your current year we will be pleased to allocate those
    payments to which ever year you elect if made at a suitable time.
    As regards your December payment this has been used to reduce your current years liability.
    Outcome:
    I do uphold this part of your complaint
    As part of our efforts to continually improve services we consider learning from complaints to be an
    important part of developing our services to the community. Should you feel that your complaint has
    not been satisfactorily resolved, you can escalate to stage 2 of our complaints process where it will be
    reviewed by a senior officer. Please contact the complaints team should you wish to take your
    complaint to the next stage at the address below, by telephone on (01472) 326426 or email rescustomerservices@nelincs.gov.uk.
    Yours sincerely

    Alan French
    North East Lincolnshire Council

    Information, Governance and Complaints Team


    Municipal Offices, Town Hall Square, Grimsby, North East Lincolnshire. DN31 1HU

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