Warrant Of Execution For Non Domestic Rates

[worleybird1]

My friend started a business at the start of the year which I was helping him set up. He took out a 3 month license on an industrial unit which ended at the end of February and wasnt renewed as the business never really got off of the ground. I was acting as his advisor at the time due to having a bit of business knowledge and helped him through the process of finding a unit and also dealing with attaining the license for it.

 

Fast forward to last week and I receive 2 Bailiff Removal / Magistrates Liability Order / Warrant Of Execution orders for Non Domestic Rates addressed to both myself and my friend T/A (his company name) totalling around £1700 and informing me that a bailiff had attended to remove goods from my property, the letters both referencing the local council authority which the unit was licensed.

 

Being bemused but with an incling to it being something to do with the business I ring the council to ask what was going on and it turns out they had contacted the estate agent who was in charge of the license and had been (falsely) informed by them that myself and my friend had taken out a 6 month lease on the property dated from December 2011 to May 2012 and we were being chased for fees for this period.

 

I quickly informed then that 1. It wasnt my company so why was my name even on the account in the first place? and 2. That the unit had only been taken for 3 months so why was the account being billed for 6 months?

 

Being rather snotty she said that they'd been sending correspondance to the unit and other contact addresses and had no reply from us (obviously due to the unit having to be vacated) so proceeded with court action for the 2 outstanding bills but may be able to wipe them if we could provide them with a form which would entitle us to small business rate relief. She then emailed this through which I got my friend to fill out and took this to the council along with the license agreement which clearly states the agreement was with him and not me and only for a period of 3 months.

 

The woman in the council office took all of this into the back office and then came back and said the original debt could be wiped but we would still have to pay around £120 in court fees and £283 to their bailiff. and that because they weren't informed in the first place that the business was my friend's and not mine also (this information they were falsely given by The Estate Agent) and that it had already been through court and that they wouldn't be able to take my name from the bill.

 

I have 2 issues here:

 

1. That i've somenow become become liable for £400 for a business that wasn't mine due to the estate agent giving false information.

 

2. That both of these liablity orders were issued for periods the unit wasn't even occupied, one from the period 1 Dec 2011 - 1 Apr 2012 (the license was only up until the end of February) and another one from 1 - 14 Apr. Meaning the second one wasnt even valid in the first place but still has racked up fees of £60 court + half of the £283.50 for the baliff.

 

I've spoken to my friend who's agreed to write a letter to the council and the baliff expressing that the business was his and not mine. Also stating that this been proven by them being provided a copy of the license agreement which was in his name and for them to stop contacting me and to take my name off of the bill.

 

Will they accept this or ignore it and keep harassing me?

 

From my estimations, the second bill was never valid in the first place and ontop of this, the bailiff has overcharged on everything so the charges should only be £50 tops for the baliff's lawful fees and £60 for the court fees for the first bill?

 

Does anyone know how I should proceed from here?

[i hate bailiffs]

as for the bailiff fees the council have instructed them so they should deal with that not you

 

start with a formal complaint to the council copy in your local MP would be better in writing /email

 

It was never your debt so you are liable for nothing

[i hate bailiffs]

tell your friend when they make payments towards the debt do so direct to the council not the bailiff deny bailiffs a levy and entry and not a lot they could do

[marmaris30]

If you are not the Liable Person and certainly not related to anything for the whole six months, then the Council should ultimately accept that the Liability Order has been granted incorrectly. You should complain to the Chief Executive in writing, explaining the facts and where you believe the mistakes have arisen.

 

You could have grounds to have the Liability Order set aside, because you are not the Liable Person and you never received the summons. It is very unusual for Magistrates' Court orders to be set aside, so you might need to seek specialist advice if the Council continues to be difficult. It would be better all round for the Council to admit their mistake!

[worleybird1]

Thanks for the advice so far. I have a signed letter from my friend stating that he was the sole proprietor of the business and asking them to cease correspondance to me and to take my name from any accounts / liabilities they may have me held for. I will also be writing a formal complaint.

 

Regarding the debt, am I correct to assume that because the second bill was issued incorrectly due to false information given to the council by the estate agent that it was never vaild in the first place and should not incur fees for non payment?

 

They've basically billed for all of the court and bailiff fees twice for 2 the sepearate bills.

 

Also, baliff fess of £283.50 seem a bit steep as even if they were chasing both seperately, they should still be no more than £106, £53 for each warrant? Nothing has been levied and there have only been visits and from what i've researched on here baliffs can only charge £35 plus £18 for a second visit per warrant?

 

Even if they add VAT on top that's only £121.20

[i hate bailiffs]

bailiffs work on commission and seem to make up there own fees they should be something like

 

£24.50 first visit fee and £18.00 second visit fee

 

if this debt was only for a six month period of time there should only be ONE liability order/warrant

 

looks like the council need to do some explaining

 

if you come across the bailiff remember they lie and talk dribble most of the time

[wonkeydonkey]

apologies to OP I have confused this post with another and ask they disregard the advice given.

Edited October 14, 2012 by wonkeydonkey
reply made to wrong thread.