Council Reply 21 December Redact

Chief Executive & Strategic Director Of Resources
Rob Walsh
www.nelincs.gov.uk
Mr Xxxx Yyyyy
XY Xxxxxxx Yyyyy
Grimsby
North East Lincolnshire
AB12 3XY
21st December 2015
Dear Mr Yyyyy
RE: Council Tax Account - 55015xxxxx
Thank you for your correspondence received 17th December 2015 the content of
which has been noted.
Firstly may I apologise that you have not received an answer to your
correspondence received 10th November 2015.
On the 13th November 2015 a reply to your correspondence was ready to send to
you. I enclose this letter for your perusal.
Unfortunately I was taken ill and did not return to the office until the 14th
December 2015.
Due to this the letter enclosed was not posted and I apologise that you did not
receive it.
At this stage the Council has not taken your correspondence as a formal complaint
for the following reasons:
This first part of your complaint relates to the late reply to your correspondence
which I have explained above.

Rob Walsh
www.nelincs.gov.uk
The second part of your complaint relates to the Council allegedly obtaining a
fraudulent liability order against you. This part of your complaint does not fall
within the scope of the Councils Corporate Complaints procedure as the Liability
Order was granted by the Grimsby Magistrates Court at a hearing that you were
present at.
Once again I apologise for the lateness of the reply and if the above and
enclosed is not satisfactory then the Council will commence with a Stage 1
complaint. However, it should be noted that the main aspects of your complaint
cannot and will not be addressed through the Corporate Feedback Policy for the
reasons above.
I hope that the above clarifies matters for you.
If you have any further queries regards the above then please do not hesitate to
contact me on 01472 325790.
Your sincerely
Neil Smith
Debt Management Manager

Rob Walsh
www.nelincs.gov.uk
Mr Xxxx Yyyyy
XY Xxxxxxx Yyyyy
Grimsby
North East Lincolnshire
AB12 3XY
13th November 2015
Dear Mr Yyyyy
RE: Council Tax Account - 55015xxxxx
Thank you for your correspondence received 10th November 2015 the content of
which has been noted.
You correctly note that at present the balance of your Council Tax Account is
302.00.
You state the following in your correspondence;
'120.00 therefore does not relate to my current year's council tax liability.
60.00 of that sum relates to summons costs from November 2012 which are
suspended pending a high court appeal; the remaining 60.00 relates to a sum
which NELC obtained in an attached claim of costs in a fraudulent application for
liability order. '
With regards to the above statement I can confirm the following:
The 60.00 which you state relates to cost incurred in November 2012 has
already been paid by you. This was made categorically clear to you at your
Liability Hearing on the 30th October 2015. This means that the 60.00 amount is
for your current years liability and is an amount outstanding that needs to be paid
to clear your 2015 / 2016 liability.

Rob Walsh
www.nelincs.gov.uk
The further 60.00 was for cost incurred in obtaining the Liability order on the
30th October 2015 for non-payment of your current years Council Tax. Again
this amount relates to your current years liability.
Given the information above it would indicate that the full 302.00 relates to your
2015/2016 Council Tax Liability and the reasonable costs incurred in obtaining
the Liability for the period of the 01st April 2015 to the 31st March 2016.
You further state in your correspondence;
'I am writing to make it categorically clear that any payment I make on my
account (whether that sum matches an instalment amount) my express election
is for that payment to be allocated to the current year's liability. This applies also
to future year's, unless there are express instructions (in writing) to the contrary.
The previous explanation above details the amounts outstanding for your 2015/
2016 liability and cost incurred.
You express your election that you wish for your payments to be made to your
current years liability.
As outlined above there are two parts to your indebtedness to the Council.
Firstly the Liability outstanding, it has been proved in Court and a liability order
granted that you had not made payment to your Current years Council tax as per
the statutory instalments and as per the explanation above, it can be clearly seen
that your liability still outstanding for this year is 242.00. This would be the
amount needed to clear the actual liability.
Secondly, as per the explanation above 60.00 of the 302.00 is that of
reasonable cost incurred in obtaining the liability order on the 30th October 2015.
I note that you make your election that any payment made is put towards your
current years liability.

Rob Walsh
www.nelincs.gov.uk
In answer to your election I can confirm the following, as there is only the 2015/
2016 plus cost outstanding the allocation /appropriation of the 2 payments you
highlight in your correspondence will be made according to your election.
However as these payments will not clear the 2015 / 2016 liability including costs
you may incur further costs if North East Lincolnshire Council wish to pursue
further avenues to recover the outstanding amount due.
With regards to next years and further years Council Tax payments it is your
responsibility to pay as per the statutory instalments outlined on your bill.
At this point there may be more than one liable period outstanding so you will
have to make your election at the time of payment as per the case authorities
relied upon in your Liability Hearing on the 30th October 2015.
If you fail to do so then statutory notices will be served in accordance with the
relevant Council Tax legislation. However I must advise that if you do contact the
Council on receipt of the notice then we will be pleased to action any election you
make at the time.
I am aware at this point that you have been sent a Special Arrangement Letter (I
have enclosed a copy for your perusal) outlining payments to be made to your
outstanding liability and costs and hope that you find the arrangement an
amicable solution to clearing your outstanding liability.
If you require any further clarity regards the above then please do not hesitate to
contact me on 01472 25790.
Your sincerely
Neil Smith
Debt Management Manager

Council Reply 21 December Redact

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Council Reply 21 December Redact

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Chief Executive & Strategic Director Of Resources

21st December 2015

Chief Executive & Strategic Director Of Resources

Chief Executive & Strategic Director Of Resources

13th November 2015

Chief Executive & Strategic Director Of Resources

Chief Executive & Strategic Director Of Resources

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