Section 13a discretionary write-offs.

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Section 13a discretionary write-offs.

Post by zeke »

Hi all, I run a helpline for people with bailiff problems and provide the means for enforcement impropriety, and I am very concerned at the advice that a section 13a template is becoming the go-to diagnosis for dealing with council tax arrears.

I created the template back in 2014 for a client who had no prospect of ever settling her council tax arrears due to her being terminal and I succeeded in pleading a case for getting the arrears cancelled by having the council exercise discretionary write off.

After the client died, her estate had no liability.

I updated the template in 2016 following another client, however, I am getting a lot of enquiries asking me to deploy a section 13a discretionary write-off.

My concern is the section 13a is being given out on the internet as a first-stage fix-anything in dealing with council tax arrears.

Councils won't exercise discretionary write off after seeing a templated letter from a Facebook group.

It has to be carefully pleaded, with all supporting evidence provided and a list of causes made out in an accompanying statement of truth - something that cannot be templated - because the exhibit contains medically sensitive information.

This is just a recommendation not to try section 13a's carte-blanche first attempt because councils will become case-hardened making it much more difficult for genuine section 13a pleadings.
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