Jump to content

Being taken to court for money not yet owed?


Karis

Recommended Posts

Posted

I've just had a reminder letter from the Council re a small amount of Council Tax still owing for this year. I've paid all but £80 and just haven't settled the final part.

 

Even still, I got a letter demanding the final amount or they would take legal action.

 

And that got me to thinking: is it fair or ethical in any way, to take a person to Court for money not yet owed?

 

It seems extremely unreasonable to me, but, sadly, par for the course in our money grabbing and deeply litigious society.

 

What do you all think?

Posted

I think if it were a private business trying to pull a stunt like this they wouldnt have a prayer. However the council seem to be able to operate above the law when it comes to screwing money out of you.

If it were me id be tempted to let them take me to court and tell the judge your side. Chances are hell take your side and tell them were to get off.

Good luck :)

Posted
I've just had a reminder letter from the Council re a small amount of Council Tax still owing for this year. I've paid all but £80 and just haven't settled the final part.

 

Even still, I got a letter demanding the final amount or they would take legal action.

 

And that got me to thinking: is it fair or ethical in any way, to take a person to Court for money not yet owed?

 

It seems extremely unreasonable to me, but, sadly, par for the course in our money grabbing and deeply litigious society.

 

What do you all think?

 

When is the final payment due?

Posted
I think if it were a private business trying to pull a stunt like this they wouldnt have a prayer. However the council seem to be able to operate above the law when it comes to screwing money out of you.

If it were me id be tempted to let them take me to court and tell the judge your side. Chances are hell take your side and tell them were to get off.

Good luck :)

 

you don't actually go in front of judge, its all done hush hush in a side room, go on the day and demand to see a judge, then watch scc get seriously told off lol

Posted
you don't actually go in front of judge, its all done hush hush in a side room, go on the day and demand to see a judge, then watch scc get seriously told off lol

 

My bold.

Im not in the least bit suprised by that.

Posted

when they send you the court paperwork, phone council and ask who has signed it as its only the clerk of the court or the judge allowed, they will tell you its a solicitor, they get dead upset when you tell them that their court paperwork isn't worth the paper its printed on!!!, clue is the fact its a printed sig from the court lol

Posted
when they send you the court paperwork, phone council and ask who has signed it as its only the clerk of the court or the judge allowed, they will tell you its a solicitor, they get dead upset when you tell them that their court paperwork isn't worth the paper its printed on!!!, clue is the fact its a printed sig from the court lol

 

Let me get this straight.

If the paperwork has a printed sig on it then its not valid?

It has to be hand signed by a judge or a clerk of the court?

Posted
you don't actually go in front of judge, its all done hush hush in a side room, go on the day and demand to see a judge, then watch scc get seriously told off lol

 

Its not done "hush hush" in a side room. Its done in a Judge's chambers. Standard procedure that has been done for years for civil claims involving nothing more than monies. Judgments made are still done by a judge and are still as official as an open court.

 

Judges have dozens of "hearings" to sit through each day. Not all of them are big trials. Some are direction hearings where nothing more than court procedures, timetables for how a case will be run or special requirements are discussed. Others are case management conferences which are often done by telephone only discussing outstanding disagreements and specific facts/evidence required. There are also small claims done one to one in a chamber, legal costs hearings - sometime done on papers alone without any presence from either party........etc..... etc..... Can you imagine the time and cost if every single one of these things were done in a courtroom?

 

Back on topic, The OP needs to speak to the Council - it maybe that they have issued a standard letter in error and their payment records may need to be checked/updated or you come to some kind of payment arrangement with them. You might find you never actually have to go to court or anywhere near it. Letters before action or even a court summons can be sent out months before any such hearing is arranged. First thing to do is always speak to the party involved and discuss the matter.

 

I think some people watch far too much Kavanagh QC.

Posted
Let me get this straight.

If the paperwork has a printed sig on it then its not valid?

It has to be hand signed by a judge or a clerk of the court?

 

yes, go look it up yourself in google, i think you will be shocked at what you find!!

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.