Non-Domestic Rates & Rossendales

[Oranda]

I have just had a letter from Rossendales (Bailiff Removal) re outstanding council tax. I had to close my shop in May of this year and I owe the council non-domestic rate for the last year on the shops premises. I have unfortunately put everything I had into the shop and subsequently applied for a DRO. I informed Rossendales of the DRO but it seems they did not take note.

 

When the letter came today my husband phoned the Bailiff on the number given and told him that the debt was related to premises on the other side of town, that the house did not even belong to me and that we are at the moment still dealing with the council to get the amounts sorted I owe (they charged me for a whole year when it should have been 2 months, but that is being dealt with). On the form from the bailiff it actually said council tax which is wrong in the first place - they are non-domestic rates and they want to seize goods at an address that is not the shop premises. Sure I live here but I do not own anything in or even the house, it is all in my husbands name who was never responsible for the shop since that was my venture and everything to do with this is in my name at the shop address.

 

We have now decided not to let anyone in, a letter (e-mail) of complaint was sent to the council since Rossendales are supposed to act on their behalf and I have told the council that the response my husband had from the bailiff was not only rude, unprofessional and threatening ("I can take whatever I want whenever I want") but also not too brilliant for my health (I am on tranquilizers since I was forced to close the shop). I myself work as supply for a nursery which is not guaranteed work (last month I had two days work @ £6 p.h.!!) and I also told the council that I would be willing to pay if I had the resources.......

 

Can Rossendales just walk into my husbands property and seize goods that do not even belong to me??

 

I still have some items from the shop which they could take away but they are mainly perishable goods (Health Food) and I think most of them are out of date and some items of furniture which were 2nd hand when I bought them so of no real value to Rossendales at all and some of them have now ended up at the local YMCA because I have no storage facilities and they are happy with tables & chairs they can re-paint and sell on.

 

So...I think I need help!!

[Thegreenpimpernel]

Hello Oranda.

 

1) Doesn't matter where the debt was accrued, they can come after you or YOUR property anywhere in England and Wales.

 

2) You are right not to let them in, in fact don't answer the door to them. Don't let persistent knocking and copious amount of bull **** like "we'll get a lock smith" or the police bother you. Sit back and enjoy the fact that you are wasting the time of a bully and crook who can't bother any one else while he sits outside your house.

 

Take heart from the fact that no matter how long he spends at your house, he can only charge a set fee. £24.50 for first visit, 18.00 for the second - so long as you don't let him in or allow him to levy on goods outside, like a car.

 

3) DO NOT surrender the shop stock, the legitimate charges will rocket if he lays his hands on ANYTHING he is entitled to.

 

4) Search this site for a statutory declaration - a legal statement to the effect that all the property is your partners, just in case he lets himself in through an open door etc.

 

5) Calm down, lots of us have been where you are now, it will pass with no consequence if you are diligent and follow the advice you get on here.

[Thegreenpimpernel]

Forgot to ask, was it a Limited Company, did you have a lease?

[Thegreenpimpernel]

Also forgot to ask:

 

Have you applied for small business rates relief? if not, what was the rateable value of your premises.

[Oranda]

Forgot to ask, was it a Limited Company, did you have a lease?

 

No..I was sole trader and through ignorance I have not applied for rate relief. The rates have been set at £78 pcm.

 

Thanx

[Thegreenpimpernel]

Well lets be thank full it's only two months you will have to pay because (this hurts to say) the deadline to claim the discount was....

Yesterday.

 

Did you have a lease? what month did you leave, and will your landlord confirm your departure?

 

Surely even the numpties at our local authorities will hold bailiff action in the face of an 80%+ reduction in the bill? (2 months instead of 12).

 

Good luck and please keep posting.

[Oranda]

Hi there

 

THANX.... unfortunately (I have spoken to the council this morning) they have passed the account to Rossendales and cannot withdraw it now. So I still have to deal with this rather nasty individual since their main office will not entertain any offers or even listen to my case, they just say it is in the hands of Mr Rozs....Bailiff in charge.....I am now informed that my DRO is being rejected because of this and I will try to get some help with funding a personal bancruptcy:-( Thank heavens for Prozac!! I am scared that they will take my husbands property though!!!!!

 

Any ideas on how to make a Bailiff listen to your case......I would be quite prepared to offer them something like £5 / £10 per month (I will try to set up a standing order with the council for the amount even though they say the debt has been passed on)...

 

.... the only thing that stops me at the moment is that I am unable to leave the house, I just about manage to go to work if I get supply work. The Prozac helps but only so far (I know that my brain tells me nobody can take away anything but the rest of me is heading for breakdown)

 

Thanx again

[Oranda]

Forgot to say that the debt in question is last years non-domestic rates

[hallowitch]

If you have the council tax reference number you can pay on-line it wont stop the bailiff calling but as you don't have a large debt you wont be high on his list of priority's the debt will eventually returned to the council (approx 3 months) as long as you don't let the bailiff gain a levy you will be OK so don't answer the door to him if you have a car in your name move it

 

your hubby's car should be OK if they do levy it he can send letters of complaint about the levy and get the fees removed

[Oranda]

The latest is that I have started a standing order with the council of £10 per month towards the outstanding non-domestic rates (all I can afford), the first payment has gone off today. I have then informed the council of this (registered post) and also send a letter to Rossendales with a copy of the letter to the council & vice versa.

 

My husband now thinks that he should keep the whole of his monthly wages in the house to pay off the bailiff!??!

 

Surely if I advised the bailiff / Rossendales of payments to the council and also asked them to let me have an itemised bill (informing them of my knowledge of the fees table) for their incurred costs, there should be some sort of reasonable response?? Am I being just naive here??

[hallowitch]

I defiantly would not pay the bailiffs one penny till i received a breakdown of there fees

with no levy the most there fees can be is £42.50

 

as i said if you don't let them get as levy there is very little the bailiff can do

 

Bailiffs don't do reasonable bailiffs do threats intimidation and grab as much as they can in fees legal or not

 

if they think they can get away with it they will do it

 

http://www.bexley.gov.uk/CHttpHandler.ashx?id=3028&p=0 This link tells you what/when they can charge a fee this also apples to NDR

 

is your bailiff certificated

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

[Oranda]

He is indeed and the bailiff certification number is duly noted