council tax

[budjet]

advice needed please. Received a card through the door BAILIFF NOTICE

£4941.81
18.10 add bailiff fees (inc VAN FEE)
4960.81 total
FAILURE TO PAY WILL RESULT IN A FURTHER VISIT OR LEGAL PROCEEDING FOR YOUR COMMITTAL TO PRISON

The other side of the card details of the council

This is for shop premises. I last heard from them December 2010
period 01/04/08 to 04/01/09 and period 01/04/06/ to 31/03/07
We also had bills regarding premises above, when the tenant left.

We left in 2009 when our home was repossed and are nowon pension credit and housing benefit, we cannot afford to pay this amount what action is the best.

[shamen]

Re: council tax

Im sure someone more knowledgeable than me on council tax will be along to help out shortly. One thing I wanted to ask was that if this was shop premises, was the shop owned/rented by yourselves as sole traders, or was it rented/owned by a limited company that you directed and then later closed down? Was there a flat above that you rented out, and if so what were the date ranges it was occupied?

I also note you say 'when the tenant left' - does that mean that for the dates they are pursuing you for payment, you had in fact rented the premises out to a 3rd party?

Prison is usually only reserved for people who fall into the "wont pay" category. People in the "cant pay" category are very rarely imprisoned.

That being said what was the last you heard from them in December 2010? Was there any court information?

(BTW- I assume this demand is for business rates, not council tax? Or is it both if there was a flat above?)

[budjet]

Re: council tax

thanks for your reply.
yes it is non domestic rates
shop premises with rently income from flat with long term tenant he was liable for own council tax
no court information
the last owner disappeared and now the shop is empty the tenant moved out and the council sent us the bill for the flat.
I wrote to them informing them that we had sold the shop in 2009

[shamen]

Re: council tax

Thanks for the clarification. Its good news that they are not pursuing for the flat council tax too

So you sold the shop in 2009, however they are pursuing you for business rates due from 01/04/08 to 04/01/09 and 01/04/06/ to 31/03/07. From what I read, they are not pursuing you for council tax for the property above, correct?

While we are waiting for a resident council tax expert, can I ask a few more questions?

1) Did you own the shop as a 'sole trader' (eg, was the title deed in your personal name or the name of a company you may have formed)

2) At any point during the period 01/04/08 to 04/01/09 and 01/04/06/ to 31/03/07 did you occupy the shop? For example, did you run a business from there or was it leased out by you to a 3rd party who ran their business from there?

3) Were there any times during the periods 01/04/08 to 04/01/09 and 01/04/06/ to 31/03/07 where the shop was empty/vacant, and if so did you notify the local authority?

4) What date in 2009 did you sell the shop and flat?

[budjet]

Re: council tax

the shop was in our personal names. and we occupied the shop until it was sold in jan 2009. We passed the lease on free of charge just to get out.

[budjet]

Re: council tax

sorry had to quickly leave yesterday

[Caspar]

Re: council tax

You need to do two things to start with. Phone the council and ask:

1. How many Liability Orders are there against you?

2. How much are these LO's for?

Once you know this figure (which will probably differ massively from the bailiffs figure, you'll know what you have to pay the council. The bailiffs fees can wait for the moment - you need to get the council off your back. Once you know those figures post them up and we'll know what we're dealing with.

[budjet]

Re: council tax

hi thankyou for your reply
I have had no liability orders or final notices, just this card through the door
------------------------------- merged -------------------------------
no bailiff company this is from the council with 18.50 bailiff charges written on the card
------------------------------- merged -------------------------------
not trying to get out of paying , just cannot afford to pay. very worried

[Caspar]

Re: council tax

Phone the council and ask. In order to have that card through your door they must have obtained a Liability Order to do so. You really need to phone them and ask.

[budjet]

Re: council tax

will do that first thing on Monday,
thanks

[CleverClogs]

Re: council tax

will do that first thing on Monday,
thanks

Assuming, that is, that the bailiff hasn't dragged you off to prison by then?

Actually, there is little/no real prospect of that; regardless on the untruths a bailiff might say, there is no way that you even might be gaoled for failure to pay either business rates or council tax. You could be gaoled for wilful refusal to pay, but that is quite another matter.

Which firm of bailiffs was it?

[budjet]

Re: council tax

hi thanks for your reply,
There is no bailiff name, just a card from the council with BAILIFF'S NOTICE written on the top. Have the council got there own bailiff team?

[CleverClogs]

Re: council tax

hi thanks for your reply,
There is no bailiff name, just a card from the council with BAILIFF'S NOTICE written on the top. Have the council got there own bailiff team?

That is most unlikely.

Has the council tax department been "outsourced" (sic) to a private company such as Crapita?

[budjet]

Re: council tax

yes I was surprised how do I find this out

[budjet]

Re: council tax

just googled to find out and yes they have been outsourced by a french company(Mouchel) Dec 1st 2010