URGENT - Business Council Tax bailiffs - rossendales

[namsey]

Hi,

 

I had a visit from rossendales in June for business rates. We're a new company and really stuggling, we've been paying the HP on the machinery & rent and unable to pay the council tax because the company we bought the machines from verbally agreed to defer the VAT for a year but the person that agreed to that go sacked and we had to find £25k ASAP otherwise they were going to take the machines, thats set up back alot as that money was to help with bills ect for the next couple of months so, business council tax was unpaid.

 

The baliff came in and wanted payment, I told him I'll check with the director and he said he'll call me later, he left without signing a walk in possession but he has entered the business once.

 

He's now rung and said he's going to remove goods tomorrow. Can he do that without a walk in possession? I told him we're closed, which we are due to financial probelms as we are trying to sort some money out to get samples out to customers and start again.

 

The bailiff said he's coming to my home address tomorrow to remove goods, can he do that on a LTD company?

 

The company has been closed for around 6 weeks, we do go there to get post ect, and do the odd jobs we get whilst we sort some more money out.

 

I can't afford to pay the £1500 in full and I know he won't agree to installments, PLEASE ADVISE ASAP what do we do?

[i hate bailiffs]

bailiffs lie he can NOT go to your home address to remove goods

 

any payments make them direct to the council

 

the bailiff is a bully his actions need accounting for council are responsible for there actions and can stop them at any point

contact your local MP

 

the bailiff wont agree to installments? not up to him he will tell you i am doing you a favor i could arrest you kidnap the dog and take you're kids into care he can do none of what he may come out with

 

[namsey]

Thanks for the responce. We still have machinery at the unit, he's been there a couple of times and he can see for himself that we are actually closed and have been for a couple of weeks, I'm not telling lies.

 

The machinery is on finance and can he get into the unit as he has already has access once? but we haven't signed anything.

 

I've tried telling him to agree to installments but he won't budge, I'm not refusing to pay, we will but at the moment we're really stuck.

 

Can I pay the council direct in installments? I did call them but they fobbed me off and told me to speak to the bailiff?

[HTA]

Hi Namsey,

 

I am by no means an expert in this, but: -

 

Have you rang the council and tried to arrange a payment schedule?

 

Do you own anything outright in the business premises or is everything leased / financed?

 

Best advice I think is ring the council NOW.

 

BrassNecked and WonkeyDonkey are very helpful chaps here as are all Cagers.

 

Stay calm and keep updating your thread.

 

Regards

 

HTA

[namsey]

Yes I rung the council and the lady there said to speak to the bailiffs. Everything in the factory is on finance except for some material we have, some vinyl and MDF

[HTA]

Are you a member of any trade body or business body?

 

Do you have a helpful bank manager (if indeed they do exist?)?

 

How far behind with the CT are you?

 

Are you friendly with any councilors who could perhaps suggest a helpful route?

 

Just trying to get a feel.

 

Keep calm.

 

Regards

 

HTA

[namsey]

No, we're not with any organisation, we're a new start company. We started trading in Feb this year but we took over the unit in December. They're chasing us from Dec to April 2012 of £1500.00 As we're new in the area we don't know anyone yet. We live in a different town to where the unit is. My main concern is, the bailiff breaking into the unit. We're not there and I don't want them to get in, everyone else has been really sympathetic with regards to payments ect, my landlord and utilities, we're paying them small amounts and they're happy with that, it's the business rates we're stuck on. The bailiff doesn't want to take installments, I'm not sure what my options are.

[HTA]

OK - no worries.

 

Do you have any friends who are are business people in the area that your unit is located? Could you ask them to ring the council for you? Sometimes business people know what its like to have a problem and are ready to help by talking on your behalf?

 

Was the unit empty until Feb?

 

How well do you know your landlord?

 

Is there a business development person at the council involved that you could talk to?

 

Have the bailiffs left you any paperwork either handed to you, via the mail or through the letterbox?

 

Keep the info coming.

 

Keep calm - I'm sure more help will arrive

 

Kind regards - I know your pain

 

HTA

[namsey]

He didn't leave me anything. We got a letter in the post stating they have taken over from the council but nothing else, he didn't leave any paperwork or ask me t sign anything when he came.

 

I've spoken to my neigbour who said Preston city council arn't going to help. He's been in the same situation, he managed to beg and borrow to pay rossendales but we've already borrowed as much as we can to up now. The bailiff personally didn't leave me anything and he didn't hand me anything either.

 

My landlord's ok, but he's on holiday for 2 weeks, he left on Monday and won't be back.

 

I can pay in installments, but he won't agree to that. He said he's coming home or going to break into the unit tomorrow. I know he can't take anything from the house as it has nothing to do with the business but I'm scared he's going to break into the unit.

 

The unit has a lot of the landlords things in it aswell.

 

If i know what I'm talking about, I could negotiate installments with him, but I don't know what to say to him, he has an answer for everything

[i hate bailiffs]

the bailiffs has already had peaceful entry but as he has left no paperwork and no levy i would say he can NOT force entry if you are not there

 

at all times when you are working it will pay to keep the door so it cant be opened from the outside in case he returns

normal fees should be first visit £24.50 and £18.00 second visit fee

 

if he can see machinery through the window he cannot levy on it

 

make arrangements to pay council direct online little and often would be seen better than no payment

bailiffs have no powers but they do bend the truth a little so don't believe them ,you don't have to speak to them if you don't want to

[HTA]

I'm sure your find that most of the Cagers will tell you that all Bailiffs take BS!!!

 

I'm not sure here so I may be wrong but, they have not seized or levied on anything so I *do not think* that they could break into your unit without the correct paperwork?

 

Your home is safe as it has nothing to do with the LTD company.

 

How much of the £1500 could you pay the council today?

 

Are you owed any money at the moment?

 

When Rossers wrote to you did they say that they have a Liability Order from the council?

 

Regards

 

HTA

[HTA]

Opps,

 

Sorry @I Hate Bailiffs our posts crossed.

 

Namesy I think that @I Hate Bailiffs is far more clued up than me.

 

Just keep the info coming, keep calm.

 

Regards

 

HTA

[hallowitch]

He cant break into your unit or your home

 

before he can re-enter a property to remove goods he has to have a levy on your goods

 

to levy goods he must leave a notice of seizure listing th Good's he has levied

 

he must send you a letter giving you the time and and date of any forced entry (he would need to bring a locksmith and inform the police so they can attend in case there is a breech of the police

 

do not let him tell you this does not apply to NDR it does

 

do not speak to the bailiff or his office unless you can record the call

 

you should send a copy of your H.P. agreement for the machinery to the council (by recorded delivery) the bailiff cant levy these goods

 

start by paying the council on-line

[HTA]

namesey

 

See, great advice coming in from @i hate bailiffs and now @hallowitch.

 

So how much could you pay the council today?

 

HTA

[namsey]

I can pay at least £250.00 today and then another £100.00 next week, we have a small order that we're processing and I'm left with £100.00 , I can pay the council installments of £250.00 a month, thats the maximum I could manage.

[i hate bailiffs]

I can pay at least £250.00 today and then another £100.00 next week, we have a small order that we're processing and I'm left with £100.00 , I can pay the council installments of £250.00 a month, thats the maximum I could manage.

 

you could always pay it weekly that was a record of payments will stack up quickly

 

there is millions of people behind with council tax you are not alone, don't be hard on yourself about it

 

keep the bailiffs out and deny them a levy there may be bailiff fees to consider which you can pay direct to the council if need be the first and second visit fees

[namsey]

I'll pay the council online asap, He hasn't got a levy on the goods as far as I know as he came in, sat in the office, said he wanted to speak to the director, who was out and said he'll call me later, he did have papers in his hands but he didn't give me anything or sign and he didn't make a list of anything.

 

He just sat there and said he wants paying, as long as He can't get into the unit, I'' start paying the council direct each month. I just spoke to my neighbour and he said he payed the bailiff once and second time, he didn't let him in, they passed it back to the council after a couple of months but that was domestic council tax and he agreed to pay what he could afford direct to the council, is that the case in business aswell?

 

I've just paid £250.00 to the council online now. Lets hope it makes him go away

[HTA]

Hi,

 

Looking at your figures, £1500 from Dec to April = £300 pm; is that right?

 

What about the rates from May, June, July, August?

 

Are the rates that Rossendales are chasing in the tax year 2011/2012?

 

Maybe @BrassNecked or @WonkeyDonkey could advise on my next statement - It may be better to say that you will paying £250 pm for 6 months starting tomorrow if that we acceptable to the council?

 

Keep the info coming.

 

Regards

 

HTA

[i hate bailiffs]

Keep bailiffs out if the bully powerLESS muppet of a bailiff wanted to force entry he would have to get a order from the court something he does not have

 

bailiff probably will re attend for his fees some legit,most made up once he realizes he getting no where he should give up

 

i would still contact your local MP about there threats of going to your home address ect

 

remember bailiffs have a liability order not a warrant cant arrest you, only bore you to death they will try to cheat and intimidate you into paying them but you will be breaking no law by not doing so

[HTA]

@I Hate Bailiffs - That sound great advice.

 

@namsey - so what is the state of play with the current NDR due?

 

Did you apply for Small Business Rate Relief?

 

HTA

[namsey]

Yes I applied for relief for this year and I am still waiting to hear from, I actually wrote to the council teling them our situation and see if we can pay £100 a month, but I havent heard anything.

[hallowitch]

have you been on to the council to see if your are getting relief for this yr and when you will hear about it

 

what about this have you asked about it

 

http://www.preston.gov.uk/businesses/business-rates/business-rates-information/

Business rate deferral scheme

 

The Government has decided to put in place a business rates deferral scheme which will give you the option of spreading the Retail Price Index increase in your 2012-13 bill over three years, to help businesses manage their cash flow during the downturn. You will be able to defer payment of 3.2% of your 2012-13 bill - which is equivalent to 60% of the Retail Price Index increase - until 2013-14 and 2014-15. You will then pay back the total amount deferred over the next two years.

Information regarding this scheme will be issued to ratepayers in the near future.

[namsey]

Thanks for all the advise, I'll see if he turns up at my home addres tomorrow and keep you posted. I'll go to the unit and check aswell, We live in pendle but the business is in Preston, I'll check the information out about relief

[hallowitch]

be very very very careful about the Vehicle you drive do not let the bailiff see you in it, do not park it on your drive, or directly outside your business or home

 

Record all calls he will soon be choking on his own words and video any visits if you can

[namsey]

ok I will do, do you think he will be back?