-
Councils and rates
Here is the scenario, letters from council have been returned to sender since about 2020/21.
The council opened a civil case against the SURNAME after 2 years in 2023 but closed the case after 5 months and did not proceed with anything, no orders or judgments against the SURNAME.
What could this mean? -
13 Replies
-
It could mean you are going to be left alone.
-
I mean that would be most desirable lol
-
Would they have to follow due process before attempting to force the sale of a house?
For example would they need to show that they obtained a court judgment for the debt and obtain a liability order before taking that path?
-
In my opinion, as long as you have done a three step process with affidavit and have attained an agreement with them that is favourable to you, then you will have evidence you can present in court if necessary. It’s all about putting processes in place that will protect you and learning how to competently hold your position with them. Right from the simple (cameras, trespass signs and locks on gates, getting rid of your mailbox and street numbers and using c/o a P O Box) to the more complex and time consuming (three step process with affidavit and learning how to competently attend meetings or court). This is not legal advice but just letting you know things we have done to protect ourselves from the pirates. There is a great Module 29 Successfully Dealing With Councils that will give you examples to learn from.
-
Well I already have evidence on my cameras of what appeared to look like a debt collector coming to the property (without a court order), I’ve confirmed with the court that there is no judgment or liability orders in place.
They basically opened a case and closed it without proceeding, its just confusing me as to why they would just stop like that.
No one has made an effort to speak to me face to face either, not sure what to do if I haven’t been confronted, maybe ill check out that module just for back up.
In no way have I ever refused anything other than refusing to open a letter that doesn’t have my name on it.-
If you had competently worded trespass signs and locked gates on your property then that debt collector will have agreed to pay you whatever was on the trespass notice, just by passing the sign to trespass. So that may be why they have backed off?
-
I don’t have a no trespass sign up anymore, I cant exactly lock gates when the front fence is below shin height and anyone could just step over, however I do have cameras set up that record when triggered by sensor.
Im only assuming that the lady dressed in all black with her ID flipped to be hidden was some kind of debt collector, she knocked on the door but I was out the back spraying weeds so couldn’t answer.
She didn’t leave anything behind or nothing, just knocked on the door then left, nothing in the letter box either since that day.
So after all this I thought hmm I wonder if their is a liability order against the surname, so I checked with the court and they said the council raised a case back in 2023 and closed it after 5 months and didn’t proceed with anything.
I just have no idea what they might be planning if they’re even planning anything at all, I wonder what Marks opinion would be. -
Just be prepared for anything then you’ll have a much greater chance of success. Why did you take down the trespassing signs?? That is a quick and easy way to ensure that anyone who trespasses is immediately liable for damages if they cross it without your permission. You need to secure you property. When we moved in we had no gates so we put some in. The gates weren’t high enough so we extended them using warratahs and chicken wire. Where there’s a will there’s a way. Study all of the webinars that you need to and buy all the modules you think you will need.
-
been studying all week, I already have a plan if they do eventually pursue anything. I can discharge any rates notice with BOE or PN if need be.
I took down the sign because it wasn’t weather proof, I need to get a laminated version and put it back up on my front door that way my camera shows who ever comes to the front door in the same frame as the notice lol -
That’s great, you should be able to get it laminated in town or invest in a laminator there are cheap ones on trading sites. We invested in a small laminator and a really good printer that was cheap to get more supplies of ink for.
-
-
-
-
-
-
I have here a template for a Demand Notice for Onus of Proof.
Im wondering if this type of notice will suffice?-
Are you wanting to start a three step Notice? Is that what this notice is for?
-
This notice is asking for onus of proof for authority to even raise a tax in the first place, Tim Dwyer is the man behind this letter I believe. Im going to send it off to the CEO of the council just so i have some proof of correspondence with them
-
-