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I have sent the following letters to our local Cardinia Council: Demand for Proof of claim 29/01/2025, and Notice & demand letter 28/02/2025; we received a reminder notice from Council and no acknowledgement of our letters. We instead received a collections notice from Midstate CreditCollect to which I responded with a Notice of Conditional Acceptance, and the next letter they sent I RTS. The council was then sent a BoE done correctly as per Mark’s instructions and a Notice of Payment. A Rejection letter was then sent to the Disputes Commissioner at the Council.
The Council have just sent a response back acknowledging our correspondence. Here is their letter below.
I refer to your letter to Council dated 19 May 2025
From time to time Council receives such correspondence, which can be readily purchased or copied from the Internet, and which has no legal validity or effect.
Further, for the reasons that follow:
* You cannot create a unilateral contract with Council, merely because Council does not respond to you within a particular timeframe or fashion; and
* There is no legal basis for you to purport to impose any financial penalties upon Council, merely because Council has not responded to you within a particular timeframe or fashion, or because Council engages agents to collect a debt that you validly owe; and* Nothing in your correspondence absolves you of your legal obligation to pay outstanding rates, charges and interest levied by Council over (address) (Property) pursuant to the Local Government Act 1989 (Vic) (Act).
We attach for your information a Fact Sheet issued by the Victorian Government which details various reasons why local Councils can lawfully levy rates and charges against property owners.
Council notes, as follows:
1. (our names here) are the owners of the Property.
2. Pursuant to sections 156(1) and 172 of the Local Government Act 1989 (Vic) (Act), the owners of property are liable to pay any rates, charges and interest levied by a local Council in respect to rateable property within its municipality.
3. The Property is rateable property.
4. As at 29 May 2025, the sum of $2,190.14 was owing in respect to unpaid rates, charges and interest.
5. Council only accepts payment in Australian Dollars (AUD) via any of the methods listed on our website and on the rates notices.
6. The arrears owing to Council totaling $1,657.88 are payable immediately.
We do not propose to engage in any further correspondence with you regarding your comments, but we encourage you to seek independent legal advice.
Council reserves all of its rights.
Yours faithfully,
(Stephen’s signature here)
Stephen Cleland
Coordinator Rating Services
** Not sure what next to send to the Council. Do I go ahead and send the Default Notice letter and then follow up with a Final Notice?