Equita regarding Business Rates

[mr nice]

On Friday 24th April I had a hand delivered letter by a Bailiff from Equita demanding full payment of £1806.70 in full or else goods will be removed next time when they come even in my absence.

 

The Business Rates go back to 2007/08. The original rates were for £2750 and I was given 50% relief for the property being empty. The total owned was about £1400.

 

The fact remains is that the shop which I rented was never opened for business not for one single day and last September 2008 I just handed the keys back and made a loss. I have been working part-time and I am currently on Working Tax Credits.

 

I told the council about the situation and they said that they will look into this. The last letter which I got from the council was a invoice for £1400.20 in October 2008. After that I have never heard anything from the council or Bailiffs or anyone.

 

I then got this rude shock on Friday. Some how another £400.00 has been added on to the total.

 

I am willing to pay the £1400.20 but only in monthly installments. Can someone advice the way forward Please.

 

I fear the council will say that its not in our hands any more and only in the Bailiffs.

[scatz1972]

Was it a limited company? If it was ignore the following information as it won’t apply.

 

The fees that a bailiff can charge for collecting unpaid non domestic business rates is the same as it domestic council tax.

 

The Non-Domestic Rating. (Collection and Enforcement) (Amendments) (England) Regulations 2003. As amended by S.I. 2003 No 2210.Schedule 3 Charges Connected with Distress (as Amended) and 3395 of 2006.

 

Here is a link to the fee scale

 

http://www.midbeds.gov.uk/Images/Charges%20connected%20with%20Distress_tcm5-28171.pdf

 

So as you can probably see if the bailiff has not entered your business premises to perform a levy on your goods then the most they can charge is for 2 visits, £24.50 for the 1st where no levy was made i.e you wasn’t in, and £18 for the 2nd again where no levy was made and you wasn’t in.

 

So if I was you I would write to the bailiff company telling them that you require a breakdown/timeline of the fees that have been added to you account and the name of the bailiff that is dealing with your account and the court that certificated him/her. Inform them that if on their reply you find any fees that are not in accordance with the Non-Domestic Rating. (Collection and Enforcement) (Amendments) (England) Regulations 2003. As amended by S.I. 2003 No 2210.Schedule 3 Charges Connected with Distress (as Amended) and 3395 of 2006. fee scale you will require an immediate amendment to your account, and if they fail to do so then you will have no hesitation in making a form 4 complaint to the court that certificated the bailiff.

 

Send a copy of the letter to the council as well. If you are clear about what you owe the council then send a covering letter offering a REASONABLE but MAINTAINABLE repayment schedule, also include a copy of your income and expenditure and start paying the council online, this way they can’t refuse your payment.

 

Send letters recorded delivery, keep copies of all correspondence.

 

If your still unsure about what to do then you can contact the national debtline, its free and they give fabulous advice 0808 808 4000

[Guest Happy Contrails]

I fear the council will say that its not in our hands any more and only in the Bailiffs.

 

The answer in this post fits your question. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/196498-equita-charges.html#post2130328

 

And Scatz is correct, the law prescribing bailiffs fees for collecting unpaid NDR is the Non-Domestic Rating (Amendment) (England) Regulations 2006 but the prescribed bailiff fees for a 1st Visit £15.00 and 2nd Visit £12.50 plus

 

Sum recovered up to £100 - £15.00

£100 to £400 - 4%

£400 to £1500 - 2.5%

£1500 to £8000 - 1%

£8000 and above, Quarter of - 1%

[scatz1972]

The answer in this post fits your question. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/196498-equita-charges.html#post2130328

 

And Scatz is correct, the law prescribing bailiffs fees for collecting unpaid NDR is the Non-Domestic Rating (Amendment) (England) Regulations 2006 but the prescribed bailiff fees for a 1st Visit £15.00 and 2nd Visit £12.50 plus

 

Sum recovered up to £100 - £15.00

£100 to £400 - 4%

£400 to £1500 - 2.5%

£1500 to £8000 - 1%

£8000 and above, Quarter of - 1%

 

 

Are you sure I read it to be £24.50 for 1st and £18 for 2nd

 

The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006

 

I assume the bailiff hasnt levied as the shop has never been opened.

[Guest Happy Contrails]

Sctaz, you are right, I was looking at Regulation 3© of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993. £15/£12 are from pre amendment legislation.

[mr nice]

I have spoken to the council this morning and they are not listening at all. They are saying that they have filled all their duties. A liability order was served at the business address which has always remained unoccupied and not at the home address. I was going to trade as sole trader. The tenancy was in my wife and my name.

 

The account went to the Baliffs in December 2008 and its only on 24th Friday 2009 that they sent a letter by hand. The council have said just speak to the Bailiffs

[Guest Happy Contrails]

Was your business a Ltd company? if so then you can now consider the matter closed.

 

The law doesn't obligate you to do business with a bailiff, it only obligates you to discharge the liability to the council, but the council has changed its poosition in that it has filled all their duties so you can consider the matter closed on this point also.

 

If you have the means, get the council to state that position in a recorded telephone conversation and make sure you capture the 'calls may be recorded' caveat that is played by the council's telephone switchboard before connecting the call. Get the name of the person you have spoken to and it can be used to indemnify youeself if the council selects another means of enforcement when the bailiff hands the case back to them unpaid.

[scatz1972]

If you are a sole trader and not limited then I have found a letter that may be of use to you in the fourm Wiki.

 

With thanks to Tomtubby

If the reason for non payment of your Business Rates is because of genuine hardship, business closure, illness etc, this template letter can be sent to the Local Authority requesting consideration in remitting/writing off all, or part of the debt.

LETTER TO LOCAL AUTHORITY TO REQUEST WRITING OFF BUSINESS RATES.

 

—

To: Finance Department.

ABC Council

Anytown

Anywhere

Date:

 

Dear Sirs,

Re:

BILLING REFERENCE No:

(enter reference number)

I am writing to you with regards to the arrears of my Business Rates. I am informed that under Section 49 of the Local Government Finance Act 1988, you have the discretion to remit/write off, all or part of my uniform Business Rates, depending on my individual circumstances.

I would be grateful if you could provide me with the necessary forms for completion, so that I can apply under the above act, as I am unable to afford to pay this bill due to

(enter brief description of the circumstances:….. for instance:

 

• I am no longer trading following the closure of my business….

• I am now dependant upon benefits….

• Not working due to ill health…

• The business is important to the local community because,

(there is provision for certain businesses to get help in rural areas)

While my application is being considered, could you please ensure that any enforcement action is withheld.

I would like to take this opportunity to thank you for your assistance in this matter, and if you have any queries, please do not hesitate to contact me.

 

 

Yours faithfully.

The response that you got from speaking to the council is normal, if you had said any different I think we would have all spat our coffee over our computers! Keep pushing, contact your MP if possible, with an up and coming election MP's are going all out to help.

 

Remember to send everything recorded delivery and keep copies of everything!

Edited April 27, 2009 by scatz1972
add a bit

[mr nice]

Thanks for all the help. Just had the Baliffs around again, another letter and another £100.00 added to the total. I will contact the local MP which and my councillor. The company was not limited. Had not even started a business and if it was going to be Sole trader only.

[Guest Happy Contrails]

It sounds like you are dealing with a common fraudster.

 

Strangely enough there is no law obligating you to do business with a bailiff, your obligation is only to the council.

 

The law prescribing bailiffs fees for collecting unpaid NDR is the Non-Domestic Rating (Amendment) (England) Regulations 2006. No other bailiff's fees can lawfully be charged on top of this.

 

The bailiff has committed fraud by false representation and you have a right to make a compliant to police because it is a criminal offence under Section 2 of the Fraud Act 2006.

 

Phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate, then download the complaint form http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court enclosing supporting evidence such as the bailiffs document showing the unlawful fees and any amounts paid.

 

With either complaint, say what you have said in your post.

 

Approach the council and offer to pay the balance directly to them and quickly escalate to the Local Government Ombudsman if you are fobbed off with excuses by the council. The council wont like being caught hiring bailiffs who have been found cheating taxpayers with bogus fees. Make it clear you are contacting the local media and telling them their bailiff is a fraudster and a cheat.

[mr nice]

I have a appointment with the MP's Secretary tomorrow and will see the local councillor also.

 

Today have sent two letters to Equita. One for the excessive charges and the other for a payment plan.

 

Letter sent to council for them to get the debt back from the Bailiffs and except monthly payments. Sent a cheque for one month's payment also.

 

From the conversation I had with the council today. The reason why they can't bring the debt back is because they are then liable for the Bailiffs costs.

[mr nice]

I have already sent one cheque to the council with a payment plan. I have sent a similar letter to the Bailiffs with a payment plan. Do I need to send them a cheque as I feel the council might send my payment back.

 

The councillor had no joy today will ask another councillor also. The MP's secetary is going to write to the council to get the debt back from the Bailiffs.

 

Just filled in form 4 to complain against the Equita bailiff but can't get to Enforcement team to find out where bailiff obtained certificate. Only answering machine.

 

Is it wise to talk to Equita and see if they accept my payment plan. They would have got the letters as they were sent 1st Class recorded yesterday.

[tomtubby]

It is NOT advisable to send a Form 4 Complaint to the court UNTIL such time as you have given the company (Equita) the chance to correct any mistakes.

 

You need to be writing to Equita to make them aware that you have been charged fees that are not in accordance with the statutory fee scale as provided by Parliament as they are charging an enforcement fee which can ONLY be charged if a valid levy had PREVIOUSLY been made. No such levy had been made as the shop is EMPTY and that you consider this to be very serious indeed and that the bailiff should have only charged you £24.50 for "attending to levy where no levy was made" and that you consider this so serious that UNLESS the additional charges are immediately removed that you will be making a Form 4 Complaint to the court that certificated the bailiff.

 

Our firm find that when challenged...Equita will remove this "enforcement fee"

[mr nice]

The letter for the excess charges was sent out on Monday to Equita. The local MP's assistant has written to the director of Finance at the council regarding the situation yesterday.

 

Do I need to write to Equita again regarding the charges or just sit tight. Fortunately the Bailiff has not come in the last two days but I am still on the edge.

[mr nice]

Thanks for all your recent help.

 

Just want to give give you an update of what's happening. The council is being is very reluctant to bring the case back from Equita. I sent them a cheque for £75.00 which they gladly cashed for 1 month payment as part of a monthly payment plan.

 

So far the local councillor has no luck, even the local MP has had no reply instead someone from the council has ranged me and said to sort it out with Equita and then come back to them.

 

Asked Equita to explain the excessive charges and they just sent me a statement with the £1400 owed to the council minus the £75.00 which I have already paid to the council.

 

Equita have not sent anything regarding their charges of £509.00 and its been 2 weeks since I wrote to them.

 

Also got my solicitor to write to the council but still awaiting reply.

 

So far nothing has moved in the last week. Can someone advice the way forward. The council want me to contact Equita directly

 

How do I go forward on this. Shall I get in contact with Equita and see what they say or send in form 4 as a complain against the Bailiff or just keep on paying the council.

[Guest Happy Contrails]

RE: you Private Message, I cannot give advice in PM.

 

Send this letter to the bailiff, and one to the council. If you get no positive response then file a Form 4 complaint against the bailiff, and make a complaint addressed to the Local Government Ombudsman against the council.

 

Bailiffs/Council

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your bailiffs fees.

 

I write following a visit by your bailiff however there appears to an irregularity with his fees and I ask you to provide the following in writing within fourteen (14) days:

 

1) The name and address of the court that issued the certificate for the bailiff in charge

 

2) The amount of i) bailiffs fees, and ii) the original debt

 

3) Truthfully confirm the bailiffs fees comply with legislation

 

If you appear to be unable or unwilling to provide the above, I will automatically commence proceedings on that basis.

 

This letter is delivered by Royal Mail and a certificate of posting has been obtained. It is your responsibility this letter is handed to the relevant person in your organisation.

 

Yours Sincerely

 

YOUR NAME

enc. copy of bailiff's document.

[mr nice]

On what grounds can I make the complaint against the council.

[mr nice]

I have just had the REMOVAL notice from Equita today. Spoke to the council again they in turn want me to speak to equita. Just spoken to Equita and they have said they cannot set up a payment plan for non-domestic rates.

 

I will keep on getting the letters and the Bailiff keep on visiting my property until the full balance is payed. This is what I was told by Equita. I have just made another payment of £75.00 and this time to Equita.

 

I can't undertsand how to approach this as I have had no reply's to any of my letters from Equita.

 

The one thing good is that no fees have been added by Equita on the outstanding amount of £1400.00. I have so far paid £150.00 towards that.

 

What should be next step. I can't have the Bailiff on my back and have to keep the doors locked all the time. Its getting crazy.

[mr nice]

Please can someone give me advice on how to deal with the REMOVAL NOTICE from Equita.

[Emma Royd]

just wanted to wish you well. I'm having trouble with Equita too x