65 disabled and homeless for Xmas?
Donation protected
I am 65, and disabled with severe arthritis. I have recently been diagnosed with Addisions disease. I might well be homeless for Christmas if Warwick Distrct Council get their own way. I need urgently to raise funds to stop their action against me.
Since 2007 the local council Warwick District Council has been trying to recover an alleged overpayment of council tax benefit, dating back to 1995 (yes! 22 years) from me. They finally got liability orders in 2013. The liability orders process, which goes on up and down the country and which operates in total ignorance of the law. The council says the person owes an amount - in my case twice what the tribunal rules and more than the original council tax. The magistrates court allows them to issue their own summonses. You can go to the court but you are not allowed to speak or put forward any evidence, becasue the council controls the process and will not allow it. Never mind the Human Rights act - it doesnt apply to them. They then get liability orders for inflated amounts. They can send in the bailiffs or make you bankrupt BUT they can also put a charging order on your house. The first you know about this, as I did was when the ourt order appeared. All they have to do then is apply for an order for sale. They can sell your house and take their money.
I tried to appeal against this happening to me but the judge said as far as he was concerned it wouldn't matter if the order was "written on the backside of a cow" it would still be legal and if the magistrtes had decided it was right then he couldn't change it.
This means that he has endorsed the process which takes no account of the Council Tax (Administration and Enfiorcement) Act 1992 - which is the law and is a process to protect you and me from this kind of action by local councils. Incidentally Warwick District Council has spent many hundreds of thousands of pounds in legal fees on this - something which they can never hope to recover and which is clearly not in the Public Interest.
I am 65 and my husband has recently died. I am asking for money for two reasons, firstly to bring a Judicial Review of the judge's decision that the law does not need to be followed and secondly to save my home from being sold.
The Judicial Review is the only way to stop council's using this decision to just take people's homes without the person having any way to appeal against it. My home is very important to me. I have so many happy memories from here. My grandfather built this house - its not very big or grand but it is my home and I really want to spend my last years here. Your help would be so very much appreciated - however much you can spare. It would not only help me but hopefully help many other people faced with the same problems.
Thank you from the bottom of my heart.
Since 2007 the local council Warwick District Council has been trying to recover an alleged overpayment of council tax benefit, dating back to 1995 (yes! 22 years) from me. They finally got liability orders in 2013. The liability orders process, which goes on up and down the country and which operates in total ignorance of the law. The council says the person owes an amount - in my case twice what the tribunal rules and more than the original council tax. The magistrates court allows them to issue their own summonses. You can go to the court but you are not allowed to speak or put forward any evidence, becasue the council controls the process and will not allow it. Never mind the Human Rights act - it doesnt apply to them. They then get liability orders for inflated amounts. They can send in the bailiffs or make you bankrupt BUT they can also put a charging order on your house. The first you know about this, as I did was when the ourt order appeared. All they have to do then is apply for an order for sale. They can sell your house and take their money.
I tried to appeal against this happening to me but the judge said as far as he was concerned it wouldn't matter if the order was "written on the backside of a cow" it would still be legal and if the magistrtes had decided it was right then he couldn't change it.
This means that he has endorsed the process which takes no account of the Council Tax (Administration and Enfiorcement) Act 1992 - which is the law and is a process to protect you and me from this kind of action by local councils. Incidentally Warwick District Council has spent many hundreds of thousands of pounds in legal fees on this - something which they can never hope to recover and which is clearly not in the Public Interest.
I am 65 and my husband has recently died. I am asking for money for two reasons, firstly to bring a Judicial Review of the judge's decision that the law does not need to be followed and secondly to save my home from being sold.
The Judicial Review is the only way to stop council's using this decision to just take people's homes without the person having any way to appeal against it. My home is very important to me. I have so many happy memories from here. My grandfather built this house - its not very big or grand but it is my home and I really want to spend my last years here. Your help would be so very much appreciated - however much you can spare. It would not only help me but hopefully help many other people faced with the same problems.
Thank you from the bottom of my heart.
Organizer
Jenny Morgan
Organizer
