CONDITIONAL NOTICE OF ACCEPTANCE

  SUGGESTED DRAFT LETTER - CONDITIONAL NOTICE OF ACCEPTANCE - SUBJECT TO CLARIFICATIONS - YOU WILL NEED TO MODIFY THIS FORM OF WORDS TO SUIT YOUR OWN CIRCUMSTANCES - IF YOU CAN AFFORD IT, WE RECOMMEND CONSULTING A SOLICITOR - THOUGH WE RECOGNISE THAT NO LEGAL AID IS AVAILABLE IN THE UNITED KINGDOM - A STRATEGY TO DENY YOU YOUR BASIC HUMAN RIGHTS

Please use our A-Z INDEX to navigate this site or return HOME

There might be a contract for the level of services that you are willing to contribute to. One the other hand, your council may not have provided the services, or otherwise behaved in a manner where there is a reasonable contract. All contracts of course must be reasonable. If they are not, there should be a mechanism through which you can seek an effective remedy.

In the case of the Generating Station, the council has failed to provide adequate roads, or to prevent regular flooding, or even illegal waste discharges out to sea. There are no affordable homes to rent in the Hailsham/Herstmonceux area. And worst of all, the Heritage Asset has no reasonable or beneficial use to pay for treatments or general maintenance. It is thus a good idea to write to the Council, asking how/where the Tax they are claiming, is being spent.

Dear [Mr Scott, taxation, or other legal officer of your council,]

Would you be kind enough to forward to a Solicitor within your department.

I urgently require clarification on several issues as I conduct due diligence and verification of the demand notices various dating from [2017 to 2024], inclusive of all Demands, Threats and Menaces in between those dates.

Please respond to this letter in accordance with the Regulatory Framework and your Statutory Duty to prevent any complications or potential misrepresentation.

Please read the following letter carefully before responding. The reason is simple. I am offering conditional agreement to settle the alleged debts subject to yourself/your Council responding in a meaningful way.

This means you no longer have any recourse to a court of law in this matter because there is no controversy upon which it could adjudicate. You can attempt to force this matter into a court if you wish but will likely be told that it is perfectly legal for me to request proper foundation for your claims. You will also undoubtedly be penalised for wasting the court’s time. 

You have made allegations and demands that I owe you money and I now require proof-of-claim before accepting your assertions.

Silence comprises agreement in commerce, equity, admiralty, Lex Mercatoria and public policy, as he who does not deny when he has the opportunity, admits the facts presented to him.

I conditionally accept your offer that I owe sums in [£0000.00] for failure to perform under a legally binding contract upon your proof-of-claim of the following;



QUESTIONS FOR CLARIFICATION & CONFIRMATION:

1. Can you confirm or deny:

That the property in question is a non-commercial private residence, used exclusively for living accommodation and, therefore, not subject to being classified as a chargeable dwelling under Section 1(3) of the Local Government Finance Act 1992?

2. Can you provide:

A detailed explanation of how the Local Government Finance Act 1992 is interpreted and applied by the council in determining the obligation to pay Council Tax?

3. Can you confirm or deny:

Whether the principle of procedural fairness, fundamental to administrative law, has been breached by the Wealden District Council in the past? Specifically, has the process leading to the assessment and collection of Council Tax lacked transparency and denied adequate notice and the opportunity to contest the tax assessment, thereby rendering the tax demand invalid and unenforceable?

4. Can you provide:

Unequivocal evidence demonstrating the lawful obligation to pay Council Tax for the property in question? Specifically, can you provide documentation confirming that a liability order has been issued in accordance with due process, which has not been provided previously despite references to an alleged Liability Order from last year or any previous year within the statute of limitations cut off point?

- Proof that all due process requirements have been met, including any oral or written agreements that establish my obligation to pay Council Tax?

5. Can you provide documentation:

Proving your right to enforce the demand for Council Tax, including evidence of mutual agreement or a "meeting of minds," as well as any contracts signed by me that create this obligation?

6. Can you confirm or deny:

Whether the misapplication of the law, as outlined in the General Rate Act 1967 and the ruling in Woolway v Mazars [2015] UKSC 53, constitutes a civil and property rights violation? If so, how does this misapplication affect the lawful collection of taxes?

7. Can you confirm:

Whether your correspondence is based on the Oxford Dictionary definitions or legalese? If you are using legal fiction, does this mean you are using legalese?

8. Can you provide specific references:

Within the Local Government Finance Act 1992 that outline my obligation to pay Council Tax for the property? Please direct me to the relevant sections and clauses that establish this obligation.

9. Can you confirm or deny: [Trevor Scott or local Taxation Manager], As you are aware, under the Solicitors Act 1974, it is a criminal offense for an individual to falsely represent themselves as a solicitor. Additionally, under the Fraud Act 2006, any false representation intended to deceive or cause loss to another party can have serious legal consequences, Can you confirm:

Proof of [Trevor Scott or other legal officer] enrolment and good standing with the Solicitors Regulation Authority (SRA).

- Copies of the practicing certificates of those officers.

- Any relevant professional qualifications or affiliations.

I trust you understand the importance of ensuring transparency and compliance with these legal standards. 

Please provide the requested documentation within 14 days of receipt of this Notice.

I hereby formally caution [Wealden District or your Council] and its agents that ignoring this request for evidence of lawful obligation constitutes a breach of honour and good faith. Failure to provide the requested evidence will result in further actions to protect my rights and seek remedies for any breaches of peace, both individually and collectively.

Please provide the necessary evidence to support the lawful obligation to pay the Council Tax within the next 14 days. Transparency is essential to uphold the rule of law and maintain public trust.

Failure to accept this offer to clarify your position in good faith will be deemed to mean you and your principal (or other parties) abandon all claims upon me through process of estoppel.

Many thanks for your co-operation

Yours sincerely,

[..... YOUR NAME .......]

WERE YOU TRICKED BY A SYSTEM YOU HAVE NO CONTROL OVER? - Did you enter into a service contract, or were you tricked into thinking it was legal. Did you think (like so many others) that you had to accept their terms without being able to challenge them. That is not so. The Consumer Protection Act 2015 provides a level of protection to consumers from those who provide services. If, for example, the service provided is not of up to a normal standard (not of merchantable quality).

Firstly, how was the Band value of your property arrived at, and did you agree with it? And what were the published terms of the (deemed) contract to provide services? You will find there is no published terms and conditions relating to the (goods or services) Service being provided. It is a make it up as you go along unwritten contract, that allows councils to (in effect) defraud their deemed customers.

A basic human need is shelter. Where then are the affordable homes? If there are none, then the (deemed) valuation is artificially high. Meaning that the charges are not correct - the banding value is inflated. It is worse than that. In only granting consents for executive housing for landlords to charge high rents, your council is artificially raising the Banding on all houses. Hence, they are overcharging you, deliberately and with malice aforethought. They are doing this to charge higher taxes and grab the CILs (Community Infrastructure Levies) for which they are not improving the infrastructure. The most obvious of which is the roads and street lighting. Signs, hospitals, doctors, schools, shops, etc.

As a case in point, are the roads fit for purpose? If not, the taxes being charged are excessive and you are entitled to a discount. The first thing to do is ask you local authority to qualify their position. To set out the basis of their ability to seek money in return for services. That you may find are not being provided. When the council refuse to answer your reasonable questions. Only a fool pays more that they should. And only a fool does not read the terms of a contract - deemed or otherwise.

How many staff are employed to provide the services they claim to be providing. Are those staff being overpaid. Are they receiving fat pensions and retirement bonuses? Are they working from home? You are entitled to know if the wages and salaries are excessive. To know if the services you are being charged for are reasonable, or if you are looking at Culpable Overcharging.

Have you asked the police to investigate what appears to be fraudulent accounting. Was not Donald Trump charged and convicted of such a crime? The problem here being that your police force is paid by Council taxes. Hence, your local force cannot (and will not) investigate allegations of overcharging. Misappropriation of public monies, etc.

Nobody has the right to take away your shelter. You are not a slave. We are all born equal. Nobody is above natural law. If you cannot change their rules, you do not have to accept them. But even playing by their rules, you may find your council are attempting to defraud you. And that is illegal. For example, if they refuse to answer (provide) some basic information as to how they are running their corporation.

USING THEIR RULES AGAINST THEM - Once you realise that they are ripping you off. Put them on Notice, requiring them to answer questions as to the above. Are they or are they not overcharging, and why are they doing it. The Magistrates Court, the way it is operated is a self-serving mechanism that violates your right to a Fair Hearing under Article 6 of the Human Rights Act 1998 (HRA) because it is not a real court. The room is hired by the council and the clerk paid by the council, as are the magistrates. Hence, Councils have engineered a means designed to undermine your Rights. They are judge and jury in their own cause. Not in any way independent, as required by Article 6. Whereas, it is a basic requirement that any Court has to be Independent, Fair and Impartial.

Here are the links to applicable UK statute:

https://www.legislation.gov.uk/ukpga/2015/15/section/24
https://www.legislation.gov.uk/ukpga/2006/35/section/4
https://www.legislation.gov.uk/ukpga/1998/42/section/6
https://www.legislation.gov.uk/ukpga/1998/42/schedule/1

You will find your council will not answer questions as to the above. Why? Because they know they are breaking UK (statute). So what to do next? Well, we have no effective remedy in the UK. The Human Rights Act 1998 specifically removes that, by omitting Articles 1 and 13. Check that out for yourself. Try to find Article 13 in the Schedule. That's right, it is not included. But it is included in the European Convention of Human Rights (ECHR). Hence you need to lodge a claim in the European Court in Strasbourg, France.

There is no Legal Aid to challenge any of this and develop an argument. All withdrawn years ago. So check out Section 6 of the HRA, where you will find it is a violation of your basic human rights to violate a Convention Right. As in Article 13. Which is part of the European Convention of Human Right. Also in the the Universal Declaration of Human Rights. But let's concentrate on the European Court, as your first port of call.

To be clear, there is no "Effective Remedy" in the UK. A remedy to be effective has to be a Right and affordable. One magistrate said anyone could seek a Judicial Review. But that is discretionary. You need permission for that. Hence, it is not a 'Right.'

The Magistrates court, the way council's abuse it, is a violation of Article 17: A system or practice that violates a Convention Right. These are your grounds for lodging in Europe. Violations of Articles 6, 13 and 17. Which invokes Article 3: Mental Torture. These are ongoing violations, as they seek to pursue council taxes with Bailiffs and Bankruptcy. Thus invoking Article 8 (Freedom of Interference in private and family life) and Article 1 or Protocol 1 (peaceful enjoyment of possessions).

According to the Consumer Protection Act 2015 (Section 24) you are entitled to a discount, or full refund, if the services provided are not as described in any deemed contract.

According to the Fraud Act 2006 (Section 4) the council is required to safeguard your financial interests. In not providing the services, or artificially rating houses higher as a result of their own negligence: failure to provide affordable housing stocks. They have committed fraud, and thus violated your Human Rights. Since there is no effective remedy in the UK, without Article 13 protections. In this case a level playing field. Or, Equality at Arms.

If you can find like minded persons who are being charged Council Tax at prices/rates way above that affordable. You may consider lodging a joint claim; a class action. Or multiples of claims with exactly the same grounds. Join or form an action group.

The UK is still bound by the Convention as signatories. 'Art of War' by Sun Tzu: "Learn thy enemies ways and use them against them."

You will need a printer and laptop, or iPad. All communications must be sent by Recorded Post, printed on paper, sent in envelopes. No other form of service will do. Such as emails or texts. They are not legally recognized forms of Service. Good luck : )

Thinking of MAKING A CLAIM in the European Court of Human Rights. Here is some information you may find helpful.

REFERENCE

https://www.wealden.gov.uk/

Please use our A-Z INDEX to navigate this site