Jump to content


Freedom jones

I am Being forced to pay ltd company Rates Debt by Council

style="text-align:center;"> Please note that this topic has not had any new posts for the last 914 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Greetings, i lost my business a couple of years ago and was left with arrears on my Business rates , the shop premises was leased to my Ltd Company but went into administration . The council served a liability order in jan 2013 in my name

 

They have told me because i did not attend the hearing that i have to pay and the opportunity to dispute the liability has expired ..

 

on top of this they are insisting i make large regular monthly payments which equates to 30% of my monthly take home pay saying they WILL NOT accept lower payments because of the age of the debt

 

this is putting an extreme strain on my family and children

 

Southend council have already sent enforcement agents to our home

 

any advice will be greatly appropriated thank you

 

here is their response to my question below

 

Dear *****

 

I refer to your email received on * January 2016 advising that******* Limited should have been liable for Non-Domestic Rates at ******for the period **June 2012 - ** November 2013.

 

Liability Orders were granted for this period of time on 9th January 2013 and 14th August 2013 in your name. When a Liability Order has been granted, the opportunity to dispute the liability for rates has expired.

 

The matter will therefore not be investigated and account will not be retrospectively amended.

 

I trust this has clarified matters.

Share this post


Link to post
Share on other sites

Hi and Welcome to CAG

 

The Valuation Tribunal is the place to dispute liability to pay council tax. There is a different process for non-domestic or business rates.

See their website for more details at:

 

http://www.valuationtribunal.gov.uk

 

If you believe the liability order should not have been made in the first place, and/or it was made in error, then it would be far cheaper instead to apply to set it aside - but you need to act really fast. Challenges to liability to pay should be brought in the Valuation Tribunal.

 

It is not unlike applying to set aside a statutory demand when it comes to time running. Write to the court and ask for a hearing to consider your application to set the liability order aside.

 

Setting Aside Liability Orders

 

Magistrates are creatures of statute and do not have a statutory power to re-open civil cases, even when they know they have made an error! This used to mean that the only way to challenge a liability order was to judicially review the order - a highly expensive process.

 

Prompt Applications

Those wishing to apply to set aside a liability order should note that as a matter of principle for all challenges to administrative and judicial decisions, the application should be made promptly. Time starts to run from the date of the order, or from when a defendant has notice or constructive notice of the order. Constructive notice of a liability order can be deemed from as little as notice of the issue of a summons with no notice of the actual outcome –

 

para 33 Brighton & Hove;

“the jurisdiction to reopen a liability order will be unavailable to a defendant who delays in circumstances in which he has notice that an order may have been made, although he had not received a copy or been informed that an order has been made."

 

If you wish to challenge a finding of liability to pay council tax will be pleased to note that there is no time limit for appealing to the council concerned, providing they have not already given a decision notice or 'final decision'.

 

http://www.sarahrobsonbarrister.co.uk/Liability-Orders.html


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Note that Business Rates has a separate system of working to that of Council Tax. The problem with Business Rates is that there is no appeal in the same way as council tax has a valuation tribunal - legislation treats businesses in a tougher manner than individuals.

 

For business rates the liability , unless you take the case for a judicial appeal, should be determined before the magistrate makes a decision on issuing a liability order. The liability order is the courts agreement that the named party owes the monies. Where as Council Tax legislation prevents liability disputes being considered by the magistrates court, this restriction does not apply to business rates (due to absence of an appeal tribunal for that aspect)

 

Craig

  • Haha 1

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...