The council and court

The council and court

Postby Too Far Gone » Sat Mar 15, 2014 5:24 am

I am currently looking to take my local council to court over the following:

Bedroom tax
Council tax (non payment of my fee schedule)

First up, what I am attempting here, hasn't been done so far, to my knowledge, so this is a work in progress. It could be that I get nowhere with this and it blows up in my face, so do bear that in mind if you attempt this without waiting for the outcome of my hearings.

Bedroom tax - The council have withheld a portion of my housing benefit (12.5% per spare room) in accordance to the Under Occupation Penalty legislation. The problem I have with this falls into the following categories.

1. Section 5 of the UDHR - No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment
2. Section 3 of the ECHR - prohibits torture, and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right


Here is the first problem

On the N1 Claim form, it asks whether your claim will or is likely to involve issues under the Human Rights At 1998. I am assuming if it does, they'll kick it out of the small claims court. The Human Rights act 1998 is an extension of the ECHR, so I need to decide whether to go down the route of UDHR, ECHR or if the 1998 applies to both.

The next violation comes under the Social Security and Administration Act 1992 which is:

Section 187

(1)Subject to the provisions of this Act, every assignment of or charge on—

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

(c)child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.


Is the benefit assigned to your rent income related? Well yes, in my opinion. Now that they have stopped a portion of it, it is certainly related to my income is it not? This legislation also states that I am the beneficiary and it cannot be passed to a trustee. Beneficiaries, trustees? This must be a trust then. Since when can a trustee take out of a trust for their own benefit? It is a breach of trust. You could argue that this falls under trust law and could be brought up in the chancery (i think) of the queens bench, but I'm just going for a CCJ here. I will use the CCJ to offset the rent arrears created by the Under Occupation Penalty.

I have just picked up the N1 claim form to file at court. This form will summon the council to Court to explain their defense. When you submit an N1 form, you need to fill out 2 of them, as the court keeps one and serves the other on the defendant. If you are unemployed or on low income you can apply to have the fee waived in full or in part, depending on your income.

N1 form to start your claim (fill 2 in)
EX160 form to offset your cost or eliminate it completely
.


I'll update this over the next few days. Feel free to comment.
Last edited by Too Far Gone on Mon Mar 17, 2014 8:56 pm, edited 1 time in total.
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Re: The council and court

Postby MikeThomas » Sun Mar 16, 2014 11:23 am

We are the people our parents told us NOT TO PLAY WITH
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Re: The council and court

Postby Too Far Gone » Sun Mar 16, 2014 2:19 pm

Thanks for that link, it is a cracker and I have shared it on FB (for all the good that will do :P) with hopes people will use it. I will be picking through it for my claim, however, the route I am taking will free everyone from it, if it works. Keep the info coming. And thanks again for that post, I have it favourited now.
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Re: The council and court

Postby musashi » Sun Mar 16, 2014 5:58 pm

I posted about The Localism Act a couple of years ago and below is a pdf attachment about it. You should read through it.

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Re: The council and court

Postby Too Far Gone » Sun Mar 16, 2014 7:16 pm

I've looked through the PDF but nothing jumps out at me. I thought it might have contained something I could use about the Council having the ability to make a decision over using the UOP or not. If I missed something important and anyone see's what I missed, please let us know :grin:
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Re: The council and court

Postby musashi » Mon Mar 17, 2014 6:08 pm

I had no thought that there would something that would be of immediate use to you. It was about the empowerment of local councils to do far more than their current remit. Decentralisation of 'power' to local authorities which will include law making and enforcement.

Note the early mention of "Big Society" which, if you have been following the work of Brian Gerrish and the team at the ukcolumn, is the new world order/Brussels in action at local levels and part of the provincialisation of the UK as a dependency/colony of the EU. The UK with no central, sovereign state government - just regional authorities under the aegis of Brussels.

Check out the future regional map of Europe to see how the break up of the UK is geographically portrayed as to which parts will be attached to which European and Scandinavian parts. The West Country, for example, is to be attached to the South West of France (Brittany). Dover and Calais will form a separate province and other parts of Britain will be detached from the UK as we know it and become parts of other newly created regions of the EU.

Many of the services currently enjoyed by the South West people are already run by French companies - the waste management and the electricity suppliers, for example have been in French hands for more than 20 years. To my eyes, the map looks in some parts somewhat like a pre 1066 ethnic demographic.

Regional assemblies all over the UK is part of the coming break up of the country and, as John Major proudly said on his return from Europe "The queen is now a citizen of Europe."

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Re: The council and court

Postby Too Far Gone » Mon Mar 17, 2014 8:41 pm

Sorry, my head is in a spin with all the documents I am reading and stuff I'm going through. I'm trying to cram info in. I'm about to update the OP in this thread too.
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