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12 year old non domestic rates debt

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  • 12 year old non domestic rates debt

    I received a shock of a telephone call on Friday from a withheld number .calling from my local council chasing unpaid business rates from 2002 , 2003 and 2004 from a pub I used to run although I left it in September 2003 as I could not afford the rent anymore. I was completely unaware of the debt and I have no idea what my next move should be and would appreciate any advice and experience.

    The pub tenancy was a horrible financial mess and it barely turned over anything and I slowly paid off all debts I owed to the pub company for rent and utility companies between 2003 and 2008 and I just don’t understand how I could be on the electoral roll with the same council and only receive a bill ten years later for non domestic rates

    I requested a printed copy of the bill and got that this morning and talked it through with them and got dates of liability orders etc although I haven’t seen a copy of the liability orders.


    Outstanding bill was broken down to me verbally as follows although in print it just lists a total for 2004/05


    2002/03 year £2051 . Liability order obtained March 2003


    2003/04 year £3074 . Liabiity order obtained June 2003


    2004/05 year £1933 . Liability order obtained June 2004


    I left in Sept 2003 but the council lady on the phone today told me it was my onus to prove I hold no responsibility from that date. I hold no paperwork from 12 years ago and the pub company doesn’t exist anymore as it was a smaller one that went under in 2007. I went through a bad time after leaving owing so much and stayed
    friends sofas until July 2004 when I was given a council flat and have been on the electoral roll with the same council ever since then so more than ten years and have never been approached about this what so ever. My credit record is completely clear even thought they say liability orders were issued. I know this because I moved in June this year (2014) and ordered an Equifax report and it came up as no debts


    My situation now is that I am a single parent to a 9 year old. I have started my own business but only earned £4000 last tax year as I am paying off a small business setup loan of £15000 at £600 a month which wont be paid off until June 2016.
    My household income is £16000 including tax credit , a small amount of housing benefit and earnings . My outgoings on rent , , council tax , utilities and school dinners/moderate groceries are £1200 leaving £130 a month for busfare and incidentals like school trips , birthdays , toiletries and sundries. Once the loan is paid off then I will have an additional 12k earning but that wont happen for 18 months.


    Panicking madly at what my next move should be. The debt has no bailiffs charges etc added so has somehow gone 12 years without being passed on. Should I seek debt advice or try and sort out a payment plan directly with the council
    or do something else . I can’t imagine that saying I can afford £10 a week will cut the mustard with a business rate debt so large but anything else will sink my current business and send me bankrupt .


    Any advice at all would be so appreciated- feel sick with worry
    Tags: None

  • #2
    Re: 12 year old non domestic rates debt

    With CCJs steps must be taken to enforce within 6 years of the judgment date, but Im afraid I dont know if the same applies to liability orders. Im sure some LBs with experience in CT liability orders will be along soon to help you

    Comment


    • #3
      Re: 12 year old non domestic rates debt

      Originally posted by CYNthesys View Post
      With CCJs steps must be taken to enforce within 6 years of the judgment date, but Im afraid I dont know if the same applies to liability orders. Im sure some LBs with experience in CT liability orders will be along soon to help you
      Google seems to tell me that business rates don't become statue barred once a liability order is in place . It's hard to find information though

      Comment


      • #4
        Re: 12 year old non domestic rates debt

        If the last liability order was obtained over 10 years ago and the council havent taken any steps to enforce I imagine they would have to go back to court to be able to enforce now

        Comment


        • #5
          Re: 12 year old non domestic rates debt

          The link below seems to suggest quite strongly that it should have been written off as Statute Barred:

          http://democracy.breckland.gov.uk/do...ss%20Rates.pdf

          The problem is councils, the DWP and other public bodies are being encouraged to revisit older cases to see if there are any cases where collection might now be an option.

          I will keep digging and see if I come up with anything else for you.

          Comment


          • #6
            Re: 12 year old non domestic rates debt

            This seems to fit your situation perfectly. I don't know if the post will be picked up on here, but I will try to get someone to look at it for you:

            http://bailiffadviceonline.co.uk/ind...ability-orders

            Bear with me as the person is VERY busy indeed.

            EDIT:
            I've emailed someone who will know what to do, but can't make promises they'll come on obviously, though I'm sure they'll do their best.

            Comment


            • #7
              Re: 12 year old non domestic rates debt

              Originally posted by Wombats View Post
              This seems to fit your situation perfectly. I don't know if the post will be picked up on here, but I will try to get someone to look at it for you:

              http://bailiffadviceonline.co.uk/ind...ability-orders

              Bear with me as the person is VERY busy indeed.

              EDIT:
              I've emailed someone who will know what to do, but can't make promises they'll come on obviously, though I'm sure they'll do their best.
              Thank you wombat - it's very kind of you to take the time !

              Comment

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