bailiff levy right

[mi227]

hello im mike i owe money for my council tax so say...but have not payed it unless they give me the right bill.... long story

 

this is for a business

 

i have had the bailiff round and they what to do a levy but

 

i own the business name not the equipment eg i own nothing apart from a few little things eg pens paper

the rest i rent off someone eg equipment, tools pc seats and so on

 

so can they still do a levvy or if they do take stuff and there is proof what happens

 

this is all long and very stressful as i don't relay own any think its just a council mess up that taking a long time to sort

Edited January 20, 2013 by mi227
spelling

[brassnecked]

i own the business name not the equipment eg i own nothing apart from a few little things eg pens paper

the rest i rent off someone eg equipment, tools pc seats and so on

 

Hi and welcome to CAG, no the bailiff can only levy what belongs to your business but you would need proof of a rental agreement to show any bailiff that the other items are not yours so exempt., Is the business a limited company?

 

Have you applied for any business rate releifs ?, and what bailiffs are these ?

 

have you offered any payments on account whilst it is sorted as it is better to be paying something, as if you overpay once sorted it can be reclaimed, rather than incur a bailiff fee Is this the sort of business anyone can enter off the street during opening hours, with it's own front door to the street?

 

Contact the council and pay something using online system and do it regularly, to show you are willing to sort it out, even though there is a dispute, this helps remove their moral ground for using the bailiff and ask for an up to date bill. I'm sure others will be along soon with better help and advice,

[i hate bailiffs]

As you are asking what the bailiffs can levy makes me think you are going to let the bailiffs in to carry out a levy?

 

Please do not do this, it will increase the debt and line the pockets of the bailiff

you seam to think that the council are to blame, what have you done about it have you formally written to them

 

The council have a liability order for this debt and will carry on as they never can see there errors

the sooner you try to sort things the better your local MP councilors and the council would be a good start

 

As above payments direct to the council if the bill is wrong i expect there will be something to pay

[brassnecked]

@ I hate bailiffs, I agree try OP must try to deny the bailiff access and not let a bailiff in, but as this is at the moment to us an unspecified business type, I have asked this question, to ascertain if the bailiff can successfully be kept out

"Is this the sort of business anyone can enter off the street during opening hours, with it's own front door to the street? "

 

Once we know, best advice can follow.

[seanamarts]

Are you able to explain why you dont owe any CT .

 

As said, DONT let bailiffs in, this will cost you a lot more. [unless they are able to walk in as brassnecked as pointed out]

 

Who are the bailiffs (name the company not the bailiff names)

[brassnecked]

ml227, if they turn up at your home do not let them in either, and hide any car.

[mi227]

Are you able to explain why you dont owe any CT .

 

As said, DONT let bailiffs in, this will cost you a lot more. [unless they are able to walk in as brassnecked as pointed out]

 

Who are the bailiffs (name the company not the bailiff names)

 

We moved to a unit only rented part of it. The council were charging us the higher rate as retail for the whole unit. This went to court and at court it was agreed the evaluators were to come out and measure which parts we were in and adjust our account accordingly. While we were waiting for them to come out the council sent the entire bill of £5500 to the baliffs. The first we knew of this was when we were at a funeral and we received a call from the baliffs saying they are outside the unit and are going to break in and take all of our stuff and police would back them up. We left straight away to address them. A few wks later, the evaluators came out and adjusted our account and now we only owe £222.81 as we are covered by the small business relief however the baliffs are still asking for £1193 and will be back to receive it within 5 days.

[mi227]

Name of baliffs..Bristow Sutor

[i hate bailiffs]

Bailiffs lie force entry and the police will back them up

they are relying on fear and intimidation they can NOT force entry

 

sounds like formal complaint time to council bailiffs should be put on hold wile the council sort things out

 

Once again bailiffs lie and want to line there pockets

[seanamarts]

The most you would owe is for two visits. However as this was under investigation and the council knew this then in theory you shouldnt owe the bailiffs anything.

 

You would need to place a complaint with the CEO of the council asap. It is quite clear that you have done everything correctly.

 

I would pay what is owed asap to the council NOT the bailiff.

 

The council may refuse it over the counter so I would pay them on line using their on line payment facility via the council's website, once you have done this I would suggest you email the council stating that the debt has been paid.

[ploddertom]

We moved to a unit only rented part of it. The council were charging us the higher rate as retail for the whole unit. This went to court and at court it was agreed the evaluators were to come out and measure which parts we were in and adjust our account accordingly. While we were waiting for them to come out the council sent the entire bill of £5500 to the baliffs. The first we knew of this was when we were at a funeral and we received a call from the baliffs saying they are outside the unit and are going to break in and take all of our stuff and police would back them up. We left straight away to address them. A few wks later, the evaluators came out and adjusted our account and now we only owe £222.81 as we are covered by the small business relief however the baliffs are still asking for £1193 and will be back to receive it within 5 days.

 

You have fallen into the classic trap and it happens very frequently. Despite you applying for Relief is no excuse for not paying in the meantime as any overpayment you would have made would either have been refunded or credited to a future account. I apologise if you think what I have said is harsh but that is how it works unfortunately and I mean no disrespect.

 

A lot of small businesses are used to being ripped off and collection for non-payment of NNDR is no different, the Bailiff simply thinks you will know no different and just pay up, obviously the fees are just a crock of *****. I agree the Council should take some of the blame for this and would suggest you contact your local Councillor(s) to intervene on your behalf, if they refuse or appear reluctant go to the Leader of the Council and his opposite number, you should possibly remind them that the Council are ultimately responsible for the actions and charges of their Bailiffs.

[wonkeydonkey]

Pay the Council the amount owed to them using online facilities.....then you are left in a very good position to argue the bailiff fees.

 

WS

[brassnecked]

Yes the above from WD and PT confirms what I said regarding paying something to gain the moral high ground as in I am willing to pay, see i am paying but i dispute the amount.