Council Tax
25th May, 2010There has been quit a lot of interest lately in the Legal fiction of a person, while researching items on this I came across a wonderful piece of information regarding council tax, what can be wonderful about that you will ask? well nothing until you discover as I did that it is unlawful – yes unlawful. I was looking up details on tpuc.org regarding [The Person and his legal fiction] when I came across the article on council tax which when you read it not only makes for an amusing read but opens your eyes to the possibility of not paying yours. As with all things we do in our Lawful Rebellion here at The BC Group this is just one more way to make a stand against that which is wrong in this society and to do it LAWFULLY, check out the link I have posted in Finance – council tax is unlawful – tpuc.org
USEFUL LINK
This link will take you to a site dealing with your STRAWMAN or LEGAL FICTION it is a PDF document that you can save for future use and reference, I recommend that you read it that way you will fully understand what I am doing and it will make more sense.
http://www.yourstrawman.com/Strawman.pdf this link is also posted under the LAWFUL REBELLION header.
Having done my research into this topic I decided that I was going to make my stand and stop paying council tax, I stopped my standing order to the council with the sum of £816.00 still outstanding, soon I received a letter from them (5th August 2010) telling me I had forgone the right to pay by installments and the full amount was now due, they proceeded to tell me the variety of ways in which I could pay – of course I declined, I then received a RED reminder (September) to the same effect which I also declined to pay. On the 28th September I received a Council Tax Summons informing me that I was to appear before a particular body at a magistrates court on the 19th October 2010 to show why I had not paid my council tax – they had also added a cost of £60.00 to the bill making the total summons amount £876.00. Looking in detail at this summons I noticed that there was NO Court seal and No signature of the Clerk to the Justices, in fact it was a letter manufactured by the local authority to look like an official court summons, I wrote to the Council and laid out my terms raising 6 points they had to clarify before I would consider paying this tax of course they never did respond, on the 18th October 2010 I emailed them with a confirmation of my intent and attached a copy of my letter that was posted to them again I received no reply. On the 28th October I received a letter from Allerdale Borough Council stating that a Liability order had been granted against me on the 19th Oct and that this Liability order empowers the Council to distrain upon my goods and unless payment was made within 14 days recovery action would take place without further notice, it then gave again all the methods offered in which I could pay – after I had stopped laughing I wrote back to the Council again stating MY terms, I reminded them of the fact that they had NOT responded to my previous letter and email and that if they wanted to pursue this claim I would be happy to meet them in a Court DeJure in front of a Judge and Jury and not in a court De-facto (a Magistrates court) this time I sent my letter Recorded Delivery post marked 29th Oct: It is now the 21st November as I write this and discounting weekends there has been 16 days elapsed since their letter and as yet I have had NO response from the council and NO attendances at my home they have not responded by email or any other means, so far it would appear that they have either run out of threats or they are just completely stumped and don’t know how to proceed – whatever happens next I will keep you updated on any developments. Dave.
UPDATE:
Since my last post there has been a little development, I received a letter from Allerdale Borough Council on the 8th Dec postmarked the 7th, in it the person thanked me for my letters of 24th Sept and 28th Oct and apologised for the delay in replying, the letter went as follows: (I note the points you have raised in your letters, but I am sorry to say that the West Allerdale and Keswick Magistrates Court issued a liability order against you for unpaid tax on 19 October 2010. {note it only states tax and not council tax} The relevant legal authority for Council Tax (Administration and Enforcement) Regulations 1992 – Statutory Instrument number 613 of 1992. This will be confirmed to you by a solicitor or Citizens Advice Bureau, should you wish to take further legal advice. You may also wish to explore these regulations yourself via the internet. £876.00 is now outstanding, and should be paid as soon as possible to avoid further recovery action. Yours faithfully.
It is interesting to note now that all the threats have stopped, now they are asking me to pay to avoid further recovery action. A couple of points I will raise here 1. despite this person confirming that they received my letters and say they have noted my points – they have never bothered to answer any of them 2. they have still not proven that Council tax is lawful or that I am in any way obliged to pay such a tax, they have merely pointed out the relevant Regulations and Statutory Instrument of 1992. I immediately wrote back to them and hand delivered my letter on the afternoon of Dec 8th a transcript of which I enclose here.
Dear Sir.
Thank you for your letter dated 7th December and received on the 8th, I was quite surprised to receive this after such a long time in fact some 72 days after my original letter, 41 days from my second letter and as yet I have never received a reply to my email sent on the 18th October. However with regards to your comments I can say that I am well aware of the Enforcement Regulations 1992 and the Statutory Instrument number 613 of 1992 but even with those Regulations and Instruments in place it does in no way justify Allerdale Borough Councils claim upon me David of the family *******.
In the first instance the document issued on the 22nd Sept 2010 (Council Tax Summons) Ref: ******** was issued by Allerdale Borough Council and not a Magistrates court, they were also issued to the legal fiction Mr David *******. I responded with my letter of 24th September and in that letter I clearly stated my intent and that I DID NOT give my consent to any hearings in a Court De facto, this was reinforced in my email sent on the 18th Oct 2010.
Secondly the Liability order that was apparently granted against the legal fiction that is Mr David ******* was again issued by Allerdale Borough Council and not by a Magistrate and as such has no lawful claim upon myself David of the family ******* (the man) and is in fact purporting to be a legal document as was issued by a Magistrates court this renders Allerdale Borough Council liable for Perjury under the Perjury Act 1911 (sections 6-7 are relevant)
My position is clear and has been from my 1st letter of 24th September 2010, unless Allerdale Borough Council can answer and respond to the six points I raised in that letter then NO contract exists between us, any further pursuance of this matter by Allerdale Borough Council the Councils hired representatives or appointed officers BEFORE my six points have been dealt with may result in charges of harassment and attempted fraud being brought against Allerdale Borough Council and it’s hired representatives or appointed officers.
Yours sincerely – without ill will vexation or frivolity.
6th February 2011,
Hi all, just an update on my progress with My challenge to council tax, since my last post I received a hand delivered letter on the 1st February through my letter box from [Rossendales] which was a notice of attendance by the Bailiffs. In it they state – Payment should be made direct to the Bailiff below to avoid unnecessary action – “I have attended today with the intention of seizing your goods and chattels as are necessary to discharge the above debt.” [£876.00] It said to avoid further action I had to pay an initial payment of £110.00 but even at this late stage I could still pay by installments. I waited until lunchtime then I called the bailiff on the number left and spoke to him briefly, I first told him that if he wished to call again I would need to see his official badge number and registration – he told me he would show me that, then I told him that I would require him to show me the liability order he had – he said he would show me that also, I then told him that if it was the same order that Allerdale council had sent to me then it was unlawful and I would point this out to him on the production of the document, and while I didn’t bear him any ill will, mallice or grievance if it was the same document and he tried to enforce it I would call a policeman and have him removed or arrested for attempted fraud. He promptly told me that I couldn’t have him arrested to which I replied that I could and he should check firstly with Allerdale council to ensure he had all the correct and lawfull documents and not Allerdale issued fraudulent copies, I then thanked him for his time and bid him good afternoon. Following that phone call I tried to call Mike Toner from Allerdale but he was unavailable, I left a message for him to call me back but he never did. On Wed Feb 2nd I called again and finally got him, after a short discussion I soon learned he was only a puppet going through the routine as laid down by the council, when I informed him that Allerdale had committed Perjury he replied he knew nothing of the law and that it was standard practice for all councils to issued their own summonses, getting nowhere with this man I told him he should seek legal advice on the situation and that I would write to him in due course, I then bid him good day. The following is the letter I sent that was recorded delivery.
Shared Services Revenues Manager
Mr. M. Toner
Allerdale House
Workington
Cumbria
Dear Mr. Toner.
Further to my telephone conversation with you on 2nd February regarding the issue with council tax, I wrote to Allerdale BC some 26 days before the proposed summons date of 19th October – Ref: my letter of 24th September 2010 in which I had six points that I required clarification before I paid the council tax. It became very clear to me that despite my letter to Allerdale Borough Council no one at any time attempted to respond to my questions but instead Allerdale BC continued with the only format they knew that of – Summons – Liability order – and threat of bailiffs. Following yet another letter and an email it took some 72 days from my original letter to A.B.C. before you yourself responded to me on the 7th Dec 2010 and still no answer to my six questions. I feel that I have given Allerdale B.C every opportunity to respond to and resolve this matter prior to any summons by addressing my letter not only to A.B.C. but also to the legal team, despite this I have been in the main ignored. Mr. Toner you advised me to seek legal advice which I have done, but might I suggest that if Allerdale B.C. had sought such advice in the first instance upon receipt of my letter 24th Sept 2010 then we may have had this issue resolved long before now.
I now require from you (Allerdale Borough Council) the following information.
1. The name and address of the Magistrates court that issued the summons Ref: number ******** and date of issue.
2. The name/s of the magistrate/s in attendance who issued such summons.
3. The name of the Clerk to the court who logged and recorded the issue of the summons.
4. The name and address of the Magistrates court that issued the liability order.
5. The reference number and date of issue of such liability order.
6. The name/s of the magistrate/s in attendance who issued such liability order.
7. The name of the Clerk to the court who logged and recorded the issue of the liability order.
In order that we may resolve this situation quickly please can you respond no later than 21 days from date of receipt of this letter.
Yours in truth and justice – without ill will vexation or frivolity.
David of the family *******.
As yet I have had no further contact from the bailliffs but will update on any developments.
Regards, Dave.
UPDATE
It is now the 10th February as I write and today another letter was hand delivered through my letter box by Rossendales the bailiffs, there was no ringing of my doorbell or even a knock on the door and as members of my family were in all day they can confirm this, the sneaky bailiff had posted the letter rather than confront me at this time in order to bill me for a second visit. The letter contained 4 items the first being a Rossendales headed paper with the name and address of the legal fiction Mr. David *******, and a list of charges as follows CLIENT DEBT AND COSTS OUTSTANDING = £876.00. FIRST VISIT FEE = £24.50. SECOND VISIT FEE = £18.00 TOTAL £918.50. There was an illegible signature on the bottom that looked like the letters no. On the reverse side was a NOTICE OF DISTRESS a section entitled THE INVENTORY where a list of goods could be made and a WALKING POSSESSION AGREEMENT. The second sheet of paper was a list of ways in which I could pay this money. The third sheet was a request for ALL of my financial details if I wished to pay by instalments, and finally the fourth sheet of paper was green in colour with a full set of Instruction on the duties, powers and procedures of bailiffs.
Now correct me if I’m wrong, when I first refused to pay this unlawful charge I was told that I had lost all rights to pay by instalments, now I am being offered that privilege (sarcasm) again. Secondly Allerdale Borough Council has NEVER responded to my 6 points raised and are desperately hoping that by applying more and more threats via the bailiffs they will frighten me into paying.
Conclusion: A B Council and their operatives are purely automatons going through their taught procedures and are incapable of handling anything that diverts from the normal; the bailiff company are exactly the same going through a set routine (and making money all the time) as for me I will be returning this heap of Bull S**t back to the head office of Rossendales with a letter attached, I will not be intimidated by a few sheets of paper with official looking jargon and B S on it and I look forward to the bailiffs next call which he has noted will be in five days.
Regards, Dave.
Update 20th Feb 2011
On my challenge to Allerdale regarding the council tax, last week after writing a letter to the head of finance at Allerdale BC (see above) I challenged him to provide me with the details of the courts – magistrates and clerk to the courts that had issued the supposed summons and the liability order he wrote back to me saying that he had passed my letter on to the West Allerdale and Keswick magistrates court for them to deal with.
I am eagerly looking forward to their response, since the court DID NOT issue the original summons (it was …issued by Allerdale) then how can the court claim to have issued it, furthermore since the court DID NOT issue any summons how can they then subsequently claim to have issued a liability order on it?
If the court acknowledges that they have issued a liability order then they will have to acknowledge that they have been in collusion with Allerdale who issued the summons, and as I pointed out some time ago anybody – person – corporation – company etc who purport to be a court when in fact they are not are committing PERJURY under the 1911 perjury act.
Meanwhile to confirm I have had 2 visits by the bailiffs who just push letters through my letterbox and then disappear; I think they are also worried after my warning to them that if they turn up at my door with unlawful paperwork I will have them arrested.
I will keep you up to date with any developments as they arise.
Regards, Dave.
6th March 2011
Here is the latest in my challenge to council tax, I received a letter from HMCS (Her Majesty’s Courts Service) on the 19th Feb, posted on the 18th and dated the 17th. The letter was signed by a Mrs J Lee legal advisor and the contents are as follows.
Dear Sir, Your letter of 3rd February 2011 addressed to Mr Toner, Allerdale Borough Council has been passed to this office in relation to your query about the issue of a liability order granted by this court on the 19th October 2010 in relation to unpaid Council Tax. Please find enclosed a Memorandum of an entry in the Register of the Workington Magistrates Court on the 19th October 2010 to assist you. When the Council apply for Liability Orders in respect of unpaid Council Tax each case is not considered individually unless the person to who the summons has been issued appears in person at court. In the absence of your attendance at court, the application for a liability order in respect of yourself was considered alongside many other applications. Application for the issue of summonses is made by Allerdale Borough Council to this court then a hearing date is set on which date you would have been entitled to attend court in person to discuss any issues you had.
The address of this court is at the top of the letter and the memorandum of conviction informs you of the names of the magistrates who granted the liability orders applied for on the 19th October 2010. I hope this information is of assistance to you.
Yours faithfully
Mrs J Lee
Legal Advisor.
It is worth noting that the [Application for the issue of summonses is made by the council to the court then a hearing date is set]. This has proven yet again that it was the Council that issued the summons and NOT the court, it is also worth pointing out that each case is NOT considered individually unless you attend court to dispute it, so all the cases the council bring are in fact dealt with as a block and in this case according to the segmented copy of the court register 454 cases with an added cost of £60.00 per case that equals £27.240.00. It is little wonder then that the Council and the courts are in collusion in this money making scam. I took the opportunity of calling Mrs J Lee on the telephone on the afternoon of the 21st Feb and enquired as to why the council were issuing summonses, she told me that it was standard practice for the council to request summonses and that the court issued them a licence to do it and that it was all perfectly legal, I asked her it may be legal but is it LAWFUL? She refused to answer that question and changed the subject and asked me why if I had issues had I not attended court? I informed her that it would have cost me money to attend court with loss of earnings, I also told her that I had NOT given the council permission to attend court and that I had been given the run around by the council by their constant refusal to answer my 6 questions as posed in my letter of the 24th Sept 2010 and their deliberate refusal to answer my letters and emails until weeks had elapsed. She responded that I must then take that issue up with Allerdale Borough Council.
To date I have still not received a certified copy of the alleged liability order No 5 above and received only the answers to questions No’s 4 and 6. It appears very much like they do not want to answer my questions and are doing all they can to avoid answering all the question of significance. Since that I received yet another letter from Rossendales the bailiff company post dated 24th Feb most of which is written in LARGE RED letters: it says [ FINAL REMINDER DO NOT IGNORE ] and then it lists all the usual ways in which I can make payments to them, it does say on one line that [ When the van attends you will be liable for additional costs. ] it is now 10 days since I received that letter, 6 if you allow 1 day for post and discount the weekends, so I look forward to the bailiffs on Monday morning, should be fun if they arrive.
That’s all for now I will keep you posted.
Regards, Dave.
I have been asked on more than one occasion to post a copy of my origional letter to the council so here it is, I hope it will help all of you in your quest to challenge this unlawful tax.
24TH September 2010
Allerdale Borough Council
Revenues department &
Legal team.
Your Ref: ********
Summons Ref: ********
Without prejudice:
In the matter of your claim for council tax arrears for the period 1/4/2010 to 31/3/2011 for the amount of £816.00 – I can advise that I accept your offer to pay council tax conditional upon the following:-
1. That you can demonstrate that there is a contract between Allerdale Borough Council and me David of the family ******* (the man) and not MR DAVID ******* ( the person and a corporation).
2. That Allerdale Borough Council have given full disclosure (as required by common law) re the services being offered and that these have been accepted by me for the value so stated.
3. That you can demonstrate manifestation of intent by way of my signature on a contract between us.
4. That the terms and conditions of any contract are lawful (in common law – not statute law).
5. That a liability order is being sought against the legal fiction ‘MR DAVID *******’ a person and a corporation by Allerdale Borough Council (a corporation) being of equal status as required by law and NOT against David of the family ******* (a man) and of greater value and thus superior status to a corporation which would render the proceedings unequal in law and thus invalid.
6. That council tax is lawful.
I would further advise that I do not give my consent to hearings being conducted in a Court de facto….and insist that this matter be dealt with in a Court de jure – under common law jurisdiction and that judgement be by way of a jury of my peers.
I would further advise that Allerdale Borough Council legal team should be fully aware of the status of the West Allerdale and Keswick Magistrates court as being a branch of the ‘Ministry of Justice’ which is a registered corporation – and as such conducts its business under Admiralty jurisdiction – whose rulings are invalid on dry land without the consent of BOTH parties to the hearing and that I specifically do not give consent to these proceedings under this jurisdiction.
Yours sincerely – without ill will vexation or frivolity.
David of the family *******.
23rd April 2011
Well here we are with the latest update in the council tax saga, on the 9th April a bailiff called to my door and asked for me, of course I was not at home so he left some paperwork which he pushed through my letterbox, that paperwork consisted of an update of the BAILIFF REMOVAL form with the new amount of £1139.50.
Also included was a final demand that stated that if I didn’t respond to the included telephone number within 24hours that it would be taken as a sign of my refusal to pay, – of course I did not respond.
On Tuesday evening the 12th April my wife took a telephone call from a chap claiming to be from Rossendales the Bailiff Company, she handed me the phone and a man on the other end asked if I was David, (Note he didn’t ask if I was Mr ******* ) I replied that I was David. He then asked why I had not called and offered to make payment. I replied because I was not going to pay, he asked why? I proceeded to tell him that I was in correspondence with A.B Council and until they responded with the answers to the questions I had asked I would not be paying anything.
He seemed quite taken aback with that and said “don’t you realise that there is a Liability order out against you”
I replied that no such order had ever been issued and until I was in receipt of an official Liability Order bearing the Crown Seal and a wet signature of the Judge then I would not accept any fraudulent document that had been manufactured and printed by Allerdale Borough Council.
The bailiff said that I would never see that document because they would not show it to me, – I said to him that HE would never see that document either, – he asked why? – I said because it doesn’t exist.
After a few more words he declared that he would be attending my home at 3.0pm on April 14th with the intention of seizing my goods and chattels, – I replied he would not get in but if he wanted to waste his time and mine then I would see him at 3.0pm on Thursday, I then bid him goodbye and hung up.
3.0pm on Thursday 14th April I was waiting with a group of family and friends with 2 video cameras at the ready to record the event, by 4.15 pm we called it a day as the bailiff refused to show. (This action says to me that it is just one more tactic used by these people to intimidate and scare those who are not fully versed in law or are unsure of their rights)
Wednesday morning April 20th yet another bailiff arrived at my door asking for me, he was told I was not at home but I would be back at 4.0pm, the bailiff left after confirming the time I would be home, 2 minutes later my wife heard the letterbox rattle, yet another piece of paperwork had been pushed through it. Once again a FINAL NOTICE – this time a notice of distress and an inventory with WALKING POSSESION ORDER had been added.
The sneaky bailiff having been denied access to my home had snooped in my garden where he saw garden furniture and a bicycle, these items he added onto his inventory as goods to be seized in lieu of the debt claimed. It is interesting to note now how having failed at all other attempts to persuade me to pay, the bailiffs are resorting to sneak tactics, also the signature on the walking possession order is totally illegible, more Bull**it from these third party interlopers.
I now await their next visit and hope I am at home when they arrive, not only will the entire event be recorded on video but they will see what a Freeman on the land is capable of. I will keep you updated as and when there are developments.
27th May 2011
It is now over a month since I last had contact with the bailiffs, or rather they had contact with me. It would appear that they have exhausted all their tactics to extract money from me, even the local council haven’t bothered with any more letters or threats. Now it remains to be seen if the council who sent this years council tax invoice (which became due on 15th April for the 1st installment) will once again pester me for some money. Needless to say they will not get any. I have prepared [ A NOTICE OF UNDERSTANDING AND INTENT] that I will promptly dispatch to the council upon any demand they may make, the content of that notice I will post here as and when it is sent, I will post all relevant notices and letters concerning my dealings with the council and bailiffs very soon. For the moment I am enjoying the peace but I know there is yet a battle to be won.
18th July
It is perhaps a little ironic that when I posted the last detail above I got a new demand for council tax later that day however I just filed it away with the rest of the fraudulent paperwork. On the 6th of July I received yet again another summons to appear in court, like the 1st one it was issued by the Council, just as a matter of interest I compared it with one my neighbour had received – lo and behold apart from the number of the document and the sums demanded they were identical right down to the photo copied signature on the bottom, this proves yet again that the council mass produce these fraudulent documents in order to deceive us into paying, this time I am summoned to appear at court on the 21st July 2011. I of course did as I have been doing and filed it, for my part I will be sending a letter to the courts declining the invitation as it was NOT issued by a court but by the local council and pointing out to them that by the act of [passing off] they are committing an offence as was pointed out by Bridget Prentice of the MOJ (Ministry of Justice) in 2008 and is posted on the MOJ’s own web page.
Today however I was surprised to get a visit from the Bailiff, he called at my back garden gate (not at the front door) and nearly gave my wife a heart attack when he popped his head over and asked if Mr R****** was in, I promptly went out and asked if I could help, he again asked if I was Mr R******? I replied No he then asked if I was David. I said I was he then introduced himself as an operative of Rossendales the Bailiffs, I asked for his ID at which point he had to return to his car to get it, in the meantime I told my wife to get the camera ready, the rest of the discussion can be seen on You Tube at the Reference given under the LAW AND RIGHTS heading, just look for Bailiff at my gate.
So it appears that the bailiffs are making a renewed bid to get some money while Allerdale are again setting their sights on getting yet another Liability order, I will keep you all posted as to the outcome of this latest exchange and with any luck get it on video once more.
21st July I have done an update to my bailiff at the gate video and you can find the link again under the Law and Rights heading, look for Bailiff at my Gate 2.
23rd July
Today I received a letter from Rossendales the Bailiff company, following their representatives failure to con me out of money last Monday they have decided to threaten me with yet another letter, this letter starts of giving a Ref number and in large bold print and a contact telephone number with the words CALL NOW. They then give a reference to Allerdale Borough Council C tax Outstanding amount £1,079.50 – this is followed in large red print [To make immediate payment call out 24 hour automated payment line 08450781194 quoting *******].
Then the letter states:
Your debt has been passed to us by the above client, and we intend to recover this debt immediately.You can AVOID this being passed back to our client for consideration to apply for your COMMITTAL to PRISON.
It is in your interest to make FULL PAYMENT IMMEDIATELY or contact us on 08447013980 to make ARRANGEMENTS FOR PAYMENT.
Yours sincerely, Alan Marshall. Litigation Manager.
It would appear to me that having failed at all other attempts to extract money from me they are now once again resorting to threats, it is interesting to note that all the key words and phrases are in bold red ink for the clear purpose of highlighting the threat. However I am not in the least intimidated by red ink or the threat as I can see it for what it is – principally a last ditch attempt at coercing me to pay. I know that the initial summons was UNLAWFUL in its issue and although a claim has been made that a LIABILITY order was given as yet NO LIABILITY has EVER been issued against me, and without that Liability order neither the council or the bailiffs have any Lawful claim, I know that but they are hoping that I don’t know hence the threats, so I will continue to report this farcical attempt by the council and Rossendales to get me to pay.
17th August 2011
Hi people, just the latest in developments, on Monday 15th August I received a letter from Allerdale Borough Council addressed to Mr. DAVID ******* , the letter reads as follows.
————————————————————————————————————————————————-
RE: OUTSTANDING COUNCIL TAX – ACCOUNT REFERENCE ********
Dear Taxpayer (s) You currently owe Council Tax of £876.00 for the period 01.04.10 – 31.03.11.
(a) Please make payment in full
(b) complete the reverse of this letter and return by 12th September 2011.
If you fail to do this I will have no alternative but to take further recovery action involving one of the following:
COMMITMENT TO PRISON – the Authority will summons the debtor to attend the Magistrates Court for a Means Enquiry which could result in your commitment to prison for up to 3 months.
ATTACHMENT TO I/S, JSA, OR EARNINGS – allows the Authority to make direct deductions.
INSOLVENCY – allows the Authority, under the Insolvency Act 1986, to apply for insolvency, which includes Bankruptcy, Liquidation, Receivership, Voluntary Arrangement or Administration Orders.
CHARGING ORDERS – allows the authority to apply for an order from the County Court placing a charge upon the debtors interest in the dwelling. If you have any queries please contact us on 01900 702670.
Yours Sincerely Mike Toner, Revenues Manager.
———————————————————————————————————————————————
Going through this letter it strikes me that they have run out of options and having FAILED in all other options they now resort once more to threats. They say they have NO ALTERNATIVE, but there is always an alternative it is just they are at a loss on how to resolve this because they don’t know of any other way that is not listed in their paperwork and due process.
For my part now I have composed a NOTICE that was sent sent to Mike Toner and along with that Notice I have included a copy of my Notice of Understanding and Intent and Claim of Right that I sent to the Government, below is a copy of the Notice I have sent.
————————————————————————————————————————————————
Mike Toner
Allerdale Borough Council
Revenues department.
NOTICE of INTENT and CLAIM of RIGHT
Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent.
Dear Mike Toner, I am in receipt of your letter dated 12. 08. 2011 account Ref: ******** and I answer thus.
I first wrote to you on the 24TH September 2010 accepting your offer to pay council tax conditional upon the following:-
- 1. That you can demonstrate that there is a contract between Allerdale Borough Council and me David: of the family ******* (the man) and not MR DAVID ******* ( the person and a corporation).
- That Allerdale Borough Council have given full disclosure (as required by common law) re the services being offered and that these have been accepted by me for the value so stated.
- That you can demonstrate manifestation of intent by way of my signature on a contract between us.
- That the terms and conditions of any contract are lawful (in common law – not statute law).
- That a liability order is being sought against the legal fiction ‘MR DAVID *******’ a person and a corporation by Allerdale Borough Council (a corporation) being of equal status as required by law and NOT against David of the family ******* (a man) and of greater value and thus superior status to a corporation which would render the proceedings unequal in law and thus invalid.
- That council tax is lawful.
Since that time you have NOT responded to those questions neither have you attempted to answer those questions but have merely ignored them and continued with the only process that you are familiar with that is to:
1 Issue a summons.
2 Seek a liability order.
3 Use threats and intimidation by the employment of a third party, i.e. the bailiffs.
While I am a reasonable man I do not take kindly to threats and intimidation that borders on harassment, therefore take NOTICE that unless you as agent for and on behalf of Allerdale Borough Council choose to contract with me for services provided by Allerdale Borough Council and its agents subject to acceptance for value then I will not accept any further claims from you regarding council tax.
Furthermore take NOTICE that unless such an undertaking as a contract is made between us containing both your signature or another for and on behalf of Allerdale Borough Council and my signature, then all and any subsequent claims, demands and threats for council tax will be treated as harassment and attempted fraud. I will give you (10) ten days from the receipt of this notice to respond and make proof of your claim, failure to respond within that time limit then tacit procuration and Stare Decisis shall be deemed valid with full and permanent estoppel by acquiescence.
David: *******, Affiant. Mike Toner, Respondent. Notice of Intent and Claim of Right. Page 1 of 2.
Mike Toner be also advised that I David: of the family ******* commonly known as David: ******* claim my inalienable rights and my right to live freely unencumbered without imposed fees and penalties, without threat, intimidation or harassment according to the common laws of this land, be also advised that I am a Freeman on the Land in Full Lawful Rebellion, and I am NOT subject to Statute laws, Acts of Parliament or Corporate law, but subject only to Common Law of the land.
The Government was notified with my Notice of Understanding and Intent and Claim of Right on the 12th July 2011, (it remained uncontested) they received my Notice of Default and Opportunity to Cure on the 27th July 2011 (it remained uncontested) they then received my Notice of Default on the 4th Day of August 2011. Be advised therefore that I am now sovereign in my own right and do not accept any jurisdiction over me other than that of Common Law of the land.
For your information included is a certified copy of my Notice of Understanding and Intent and Claim of Right. It is for your perusal and understanding; this is a LAWFUL document and carries with it a fee schedule that will be implemented upon those who would transgress against me. If you do not understand what this document is then I strongly suggest that you seek legal advice.
Acting in contradiction to this document by any party, agent, corporation, court or individual will result in the penalties in the attached Fee schedule being enforced in a court of law; ignorance to the facts is not an excuse in the eyes of the law.
Place of Claim of Right: _________________________________
Dated: __________________________________
Claimant: David: of the ******* family ____________________________
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I think I have covered all the bases so it should be interesting now to see what if any reply I receive.
3rd October 2011
Just a short update on my progress with the Council and their claim for council tax, since I hand delivered my notice to Mike Toner of the Council on the 9th September,to date I have not had any reply of any kind – neither written nor verbal. Since I only gave them 10 days in which to respond and they have failed to do so I now have permanent estoppel by their acquiescence. I think therefore I can say with a confidence that I have won and that the council cannot make any further claim on me for any tax or fee of any kind. For many who doubted the validity of this process and for those sceptics who said that I would end up in court or jail now I say to you the power of common law still takes precedence over any statute or act of parliament. While it is true to say that I could have shortened this process long ago and served the council with a NOTICE in the first year it is also the case that I would not have been able to list and log the entire process and procedures that they have chosen to take against me, by doing this way I have shown the many ways in which the system works and prepared the way for all of you who wish to follow.
Regards, Dave, Freeman on the Land.