Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
In Jan 08 we closed our business, paid what was due to all creditors, and were up to date with the business rates on our rented shop. We informed all parties concerned as we should have done, and stopped trading. My OH joined the Army and I became a student nurse.
6 months later, we get a letter from the council saying that they had made a mistake and given us small business rate relief incorrectly - 2 years previously. Hence, they now wanted £200 +. This was 6 months after they had been told we had stopped trading.
I contacted them, told them they business was closed and about to be struck off (it was a ltd co.). There was no business bank account, we were making reduced payments on our loans, and have about £3 per month spare after all costs.
The council said they would get back to us and after 12 months of to-ing and fro-ing, having taken the business (not us, it was only the business named on the summons) to court, they called and asked me if I would take personal responsibilty for the debt. I said, no, the co was ltd and would they reply to my earlier letters.
No reply has ever been forthcoming, but the debt seems to have dropped to £150. The council have prevented us being struck off, and about 1 month ago someone came to my parents house (where the ltd co was registered, but only as a postal address) to get the money. My mother never opened the door and explained the co wasn't there.
Today, the council have tried to call me again.
What do I do? The council don't seem to understand that if the co has no business, no money and no account, it can't pay. It was a ltd, so I have no personal responsibility for any business debts.
You applied for strike out and not liquidation, that's where the problem lays.
It is not possible for directors to avoid their responsibilities by allowing the company to be struck off. The liability of directors and members continues as if the company had not been dissolved. Any aggrieved party may, within twenty years of the striking off, apply to the court for the company to be restored to the register. If this happens, any further dissolution has to be by formal winding-up in liquidation.
However, as we had correctly informed all that were required to know that we had ceased trading and were applying to be struck off, I cannot see that we are at fault. The council did not discover that this debt was outstanding until 6 months after we ceased trading.
Also, the debt was for something which was only discovered two years after the bill had been paid - if I had done that to one of my customers, I'm pretty sure I would have been told to go away.
Finally, if a company is limited, surely the company directors do not have any personal responsibility, unless they have signed a declaration (for example to the bank); otherwise, what would be the point of being a ltd company?
Can it be right that as neither of us were named that they want us to use our personal money to pay for a company which would continue to trade even if we were both dead?
I work for a firm of chartered surveyors managing large clients business rates liabilities and have an excellent knowledge of the legislation and case law surrounding business rates.
You need to ask the billing authority how the small business rate relief was incorrectly awarded at the time the liability was initially raised. You would needed to have applied at the time, only been liable for one hereditament (thats business premises to you and me!) and have an Rateable Value of less then £15k (£21.5k in Greater London). This should not be something they can change their mind about unless they miscalculated the charge at the time.
If they miscalculated quote 'ENCON Insulations V Nottingham' which is a legal case regarding whether a rate account was billed 'as soon a praticable'. Generally speaking the error would need to have been rectified 'as soon as praticable', which whilst this time period is not defined is accepted as being in the rate year (1st April to 31 March period) in which the error was made plus a few extar months if it was near the end of the year.
I hope this helps if you need any more assistance tell me exactly what the Billing Authority (Council) say and also a clue which one it is and I may be able to come up with something for you.
The billing errors occurred in 2006 and 2007. We were not informed of these errors until June 2008, even though we informed them we were closing and moving out in Dec 2007.
It is Derbyshire Dales District Council, based in Matlock.
Business rates - closed business
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