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Balance of overdue council rates
Hi all
I recently bought a property from a distressed owner.
Rates had not been paid for years and amount to just under 9k.
I have paid current due rates but not the back dated rates as this was with the previous owner.
Ive received a letter from Recoveries and Reconstruction asking to pay or set up a payment plan.
What are my options as i don’t want to pay these back dated rates.
Could i ask for some guidence in this matter so i can go about the process in the right way.
Thanks
M
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21 Replies
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Hi. I paid only for council services we actually received for the last 2 quarters, and just received a letter from Recoveries today. I had to open it as there was no RTS address (sneaky). I am attaching a return to sender sticker and sending it back. RETURN TO SENDER – NO CONTRACT.
I’ll have another letter similar to the letter to Credit Corp below if they try again that will seek further and better particulars, conditional acceptance on the stipulation that they provide evidence of the wet ink signature contract between them and ourselves.
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One way of dealing it would be:
Ask them to send you a most up to date statement of account (say you need it for your records). When it arrives you have three days to renegotiate their pre-signed offer on your terms.
Watch <b style=”font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”>Module 4 – Accept a Public Offer To Contract (eg Statement of Account) On Your Terms
Use a promissory note or bill of exchange to discharge the liability. Choose one and watch the modules and download the document packs.
Send back the renegotiated contract with a default and liability clause with a four times counterclaim in the clause (that is optional but you can then go after them for defaulting on your new contract).
If they pursue (which they will) you will have to hold your position.
This is just a brief overview, there are more steps which you will find in the modules.
Hope this helps!
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Hi it would be best to ask this question on the Q and A on Wednesday night as Mark has dealt with rates when buying a new property so he may have the answer for you. You can RSVP to the Q and A here; https://solutionsempowerment.org/event/general-qa-may-10/
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I recently received a belated reply from council nearly 2 months after sending Final Default and Estoppel on 13th April. Any feedback would be welcome. I’m guessing they tried the debt collectors and met a roadblock so they’re trying to re-contract. They kindly sent a generic Information Memorandum presuming I was questioning the constitution, but I sent a conditional acceptance, with part payment according to BoE and requested evidence of the contract. I’m sending a cease and desist and lawful estoppel. I have 2 versions. Any ideas? Short and sweet or the more detailed version?
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I can only see half of these documents half of them are blacked out. Can you upload as a PDF?
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Can I also see the council’s reply?
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I thought I sent it in a private message to you. I don’t know what the blackout is, but the letter remains if you scroll down
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Here’s some suggestions. Apart from these suggestions the quality of your Notices are A 1
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Thanks Morag. I removed the comment about the Queen. Make no claims! I’m wondering why we’re getting one sort of response and others are getting fast tracked court filings and summons?
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Maybe yours is written more competently and they are moving carefully.
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Mine is also to the same person in SBRC. She’s the one now stating in her reply to me that council only accepts certain types of payments….and her list doesn’t include money order by mail. She said it is on my rates notice that the only types accepted for rates are what she lists. I have taken a photo of the SBRC website which shows that they accept money order by mail, and told her I have taken copies that will be used as evidence including her letter.
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Good idea to keep records of everything to be used as evidence. She admitted it’s her opinion the council does not require a contract, therefore there is no contract.
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This is the letter they recently sent along with a history of legislation and where they claim to derive their authority. Trouble is, I didn’t question it, I asked for evidence of a contract, who changed our fee simple rights, and authority other than acts or statutes.
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I think I will send this version, perhaps with an invoice based on schedule of fees, payable upon any future contact.
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Thanks for that.
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Hi All,
I’ve just become a new member and working my way through the content. I’m a little lost trying to find the relevant topic in the search. I’m putting a cry for HELP out or some direction at least. Our family have been issued with a development control order from our local council to demolish our shed (shouse) we have built and lived in the last 8years. The order needs to be complied to by April 2024 so am running out of time, have no where to go and are financially strained as they are also saying we are doing “light industry” operating our home based business which is NOT permissible. PLEASE could someone direct me to the right forum or offer any clues?? We appreciate your time in advance.
Adam
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if you PM me I can give you something to read.
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If you start a three step Notice Process with Affidavit then they can’t take it to court while that is in process. There are examples of a three step Notice Process for free here… They could be used as templates and I will share some questions that you need to ask in a PM
https://solutionsempowerment.org/resources/non-consent/
solutionsempowerment.org
Non-consent Notice Generators – SolutionsEmpowerment.org
Non-consent Notice Generators – SolutionsEmpowerment.org
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