bailiffs have been around

[SteveD]

seriously they have been around to collect the business tax , now I didn't even know I owned them money as I have not had a single letter from the council  sinse march ,when  they sent me a letter wanting my forms returned ,forms that I have never had due to them having my post code wrong ,so they sent me new forms out and they were returned with a letter stating the correct post code  

anyway after the bailiff had gone I remembered the post code situation (memories crap sinse my stroke thingy) so I rang the business rates people who had not updated my post code even though they said they had when I spoke to them in march so I told them the situation that I have had the bailiffs around but asked them why I had not had a single letter asking me for payment or even a single letter saying court action was being taken against me and bailiffs were involved through there **** up with the post code , so im left with bailiffs on my case and me having to pay £200 more in fee's because the council f***** up and have either not sent me letters or have sent them to the wrong address , so im refusing to pay the extra charges , I don't mind paying the money I owe for the business tax but im screwed if im paying another 200 quid for there incompetence

any ideas where I stand on this as at the moment I feel like throwing the towel in as things are so hard in this country when it comes to running a small business ,im getting no joy with the council or the bailiffs as to what the score is ,bailiffs are saying I have to pay but speak to the council first but the correct council department is not open until tomorrow after 1pm and the bailiffs have only given me 48 hours to pay or more charges will be incurred , now the bailiff was fine and understanding to be fair and said I looked visibly shocked by him turning up and he could see I was genuine

[bhouse]

God Steve that's appalling. 

I can't help with any advice but I really feel for you. The sheer incompetence of many civil servants astounds me and it sounds as if this time you're their victim.

 

I think a useful first step might be talking to your local Citizen's Advice Bureau - despite being civil servants they are REALLY helpful.

Good luck wuv!

[Captain Colonial]

1) They couldn't have phoned you and made enquiries?

 

2) I've never yet seen a letter not delivered if it had the wrong postcode but right address - you either have the most incompetent postie ever or they're telling porkies

 

3) Even if it had not been returned as "not known at this address", why didn't they investigate further?

 

4) If the address was wrong, how did the bailiffs THEY SENT find you?

 

5) As a business owner, would you accept that level of workmanship?

 

Find out who your local councillor is, contact them and explain, let them sort it, it's what they're paid for.  The local rates office is obviously incompetent - raise some Hell.  It's not like you're unwilling to pay what's owing, but don't pay the fine.  Threat to go to the local paper if necessary.

[SteveD]

bailiff said he struggled to find me tbh and it never clicked about the pc until he had gone wuv , tbh the more I think about it I don't think I can even be arsed fighting it its to much agro I might aswell just pay it and get shafted

I spoke to the council(wrong department) and they had me down holmes chapel marques who were here in my unit 2 years ago  goodness me

[ajpearson]

Don't pay the fine Steve, its not your fault.  fight it, yes maybe a bit of aggro but definately worth it.  We had baliffs turn up once unannounced demanding 2k, apparently they had written to me numerous times, but they had my old address, yet still managed to pitch up at my new house.

 

Turned out no letters had been send, I got my lawyer involved and gave them a deadline to respond, they did not.  The debt was then cleared

[stephenh]

Steve, you certainly should not have to pay the bailiff's fees. Pay the net business rates (ie less the bailiff's fee) and urgently contact your local district (or borough) councillor. If you are not sure who that is, you can find it on your local council website, with the councillor's contact details.

[Norman Verona]

Scott, I think you'll find local councilors are not paid, they draw expenses. Council officials are paid.

 

Steve, I think you'll find it may be best to pay the fine and additional charges. Get a receipt then send a copy of the receipt and set out all the history to the Council Finance Department. Give them 14 days to repay the debt, failing which you will issue a County Court Summons. After the 14 days are up (you will probably not hear anything from the council), issue the CC summons. 

 

 

My experience is that when the summons is served you will get paid by return.

 

I fully understand you won't have time or patience to do this so send me the paperwork and jot down the events about the post code and I'll do it. It's the least I can do after all your help.

 

ed to add:

 

 

Remark removed as it was a sweeping generalisation.

[windy]

There is a thread on pistonheads about baliffs and the council in "speed, plod and the law" section - worth a read

[alexander72]

Steve,  I have had recent experience of taking on a new lease and there being outstanding business rates from previous occupier - going back 5 years.  Give me a call on my number 07811 207274 if you want  a chat - start a dialogue with the Valuations Office of the HMR, apply for small business rate relief as a new start in small unit and appeal..... they will help you get it sorted.

 

James 

[Captain Colonial]

Scott, I think you'll find local councilors are not paid, they draw expenses. Council officials are paid.

 

*ahem*

 

It's an allowance, and it sure looks like pay to me.

[SteveD]

Steve,  I have had recent experience of taking on a new lease and there being outstanding business rates from previous occupier - going back 5 years.  Give me a call on my number 07811 207274 if you want  a chat - start a dialogue with the Valuations Office of the HMR, apply for small business rate relief as a new start in small unit and appeal..... they will help you get it sorted.

 

James 

already done the small buisness rates paperwork wuv thats when i told them about the pc being wrong and they were supposed to change it

it just boils down to incompetence on there behalf ,as scott said ,whats wrong with ringing me and talking to me , and why no letters at all not even one ,it stinks

[Nick Algar - Competition Secretary]

In Durham the rates people are always very helpful, even suggest ways of saving money :d

It's where you live Steve, you'll have to move !

[ACW]

Ok. Think laterally and you can get some free publicity to boot. Get your full story thought out, and how start up business is been threatened and how it is contrary to what the council and government are supposed to be doing. Get all the years of experience and how you and your family have take a big leap to start a new business. All of course is true but put the story together.

 

Then contact the local paper, ask if there interested in your story - perhaps some investigating to see how many start up business have been affected. There desperate for stuff to fill the pages, so if you give them a good local story it makes their job easy. If you can get an 'appalled friend' to do this all the better. It also helps with our English modesty about such matters.

 

We did something similar last year and go front page of the local news, radio and bit on the telly. (in our case it was travellers vandalising the outside offices)

[tightscot]

The only thing (and I mean this with the best intention and good will) that will weaken your case; why hadn't you noticed you weren't paying business rates? And made appropriate enquiries.

And contrary to a Norms advice, you wouldn't stand a hope in hell in raising a successful county court judgement. You would firstly have to prove the fine was illegitimate and for that you'd need a damn good lawyer. Barrack room lawyers won't cut it on this one - with due respect.

Pay it and seek recompense by writing to them is my suggestion.

[alexander72]

I cant answer for Steve D but in our case the business rates were owed by a former tenant with a different use class under the TCPA... our occupancy was Agric not Business but we got chased for old debt of others...... Many small businesses are exempted by George O at the moment...

 

Time to call in the diplofat Steve - cue picture from MemSec