Private individual being chased for ltd co business rate - please help

[v8monkeyboy]

Hi,

 

Back in Jan 2008, we closed our ltd business, paid suppliers off, moved out of the rented premises, were not in debt with the council for business rates, and went on our merry way. My husband joined the Army, and I went to university to become a nurse.

 

During the 2nd half of 2008, the ltd company received a demand for over £200 of business rates from 2006-2007. This wasn't rates which hadn't been paid, but due to a mistake by the council, rates which should have been charged as apparently we weren't eligible for small business rate relief on a second unit we had.

 

I replied with an answer along the lines of 'all well and good, but the company hasn't traded for a long time, is in the process of being struck off, has no money, assets, bank account or property.'

 

I heard nothing until the end of 2008 when the company received a demand for the money, or go to court. I contacted business debt relief who said, write and tell them again. So I did. The council never repsonded, but proceeded with court action.

 

When receiving another letter from the council saying 'pay within 7 days or face bailiff action' I responded by calling the council and reiterating what had already been said. They told me that they have a duty to collect.

 

The company was due to be struck off by 9th March, but yesterday I got a call from the council to say they had contacted Companies House and the co would now not be struck off until August. The woman on the phone then asked me to enter into a repayment plan. I said no initially, because that would make me personally repsonsible for a ltd co which completely negates the purpose of being ltd. She then said they would send the bailiffs round to the registered address of the co, even though I told her this was my parents' address, and had nothing to do with the co.

 

Others I have spoken to are astonished that the council will not believe what I say and are continuing with this. My question is: 'What do I do now?"

 

Sorry for a huge post, but any help would be appreciated.

 

T

[Its WAR]

They cant send a bailiff around until a court says the debt is due. Have they issued you with the summons yet? It should have gone to the registered office address or a trading address. Anyway, the bailiffs will go to your parents, they will tell them to get stuffed, the council will get the bill and then try to find you again.

[kitchenboy]

Councils don't you just love em?

 

Kinda in the same boat as you, did the council receive a copy of your application for a strike off? The council left me alone when I sent them a copy of mine, I had also sent a copy to the bailiff company and they replied they wouldn't be taking it further and returned the account to the council.

 

I have a statutory declaration signed which I keep by the front door just in case as my company's registered address is my home. Unless you personally signed a guarantee, I don't see how you could be liable as only the company should be named on the liability order so they can't demand the money off you no matter what they say.

 

My only concern would be that as the company is still "live" they maybe assuming that the company is trying to avoid paying and then threaten action against the directors. Don't expect these people to think logically or reasonably, it is beyond their job description. If it was me I would offer a token monthly payment on behalf of the company just make sure it is clear to them that it is not the company paying and see what they say. It would only be for a few months anyway. Just make sure any payments are sent from an account with no connection to the business and everything should be in writing from now on.

 

The bailiff section has some very knowledgeable members and I am sure that you will find all the help you need there if bailiffs do turn up. Remember never let them in no matter what, make sure all windows and doors are locked as they can gain peaceful entry through open windows and unlocked doors. However if you have a statutory declaration done this should stop them in their tracks.

 

Good luck