Reclaim the £100+ for the Liability Order fee from the council.

The statutory fee that councils pay to apply for a liability order against a defaulter for unpaid council tax is £3.^[1]

It is the practice of councils to charge over £100 for the application, but this is been ruled unlawful because the court granting the liability order was not given sufficient information about the costs £125 added to the amount outstanding, the magistrate erred by failing to enquire about those costs and the claimant was denied an opportunity the question them.^[2]

it would not be practical for the Council to carry out and provide a detailed calculation of the actual costs incurred in each and every case. Therefore, the exercise has been completed by the cost of a standard average case.^[3]

If the council has a liability order against you, then you have a right to question the expenses added to the liability order, and have the council explain them, or, in the alternative, you may recover the expenses if the council fails to give an adequate explanation.

Give the council a letter of claim, and provide them with an opportunity to settle.^[4]

Template Letter of claim^[4]

Send the letter to the legal department at the council and get a certificate of posting from the post office.

Give a copy of the letter to the council also by email and make a screenshot of the sent email capturing the time you gave it.

Keep all screenshots for your file.

^{[1] Schedule 1(5) of the Magistrates’ Courts Fees Order 2008
[2] Ewing vs Highbury Corner Magistrates and LB Camden 2015
[3] Rev P Nicholson vs. Tottenham Magistrates and Haringey Council 2015
[4] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}