liability orders for non-domestic rates

[wenlewis]

I have a liability order against me and my ex-partner who is deceased. I have always stated that there were no arrears and, as the supposed debt goes back to 2000, I have no way of proving it as records were destroyed after 7 years. Is there anything I can do?

[miliitant]

Re: liability orders for non-domestic rates

If somebody is demanding money from you ref a debt then they have to prove the debt

the problem you have is a liability order has allready been granted

did you defend the liability order application and when was it awarded

[wenlewis]

Re: liability orders for non-domestic rates

unfortunately not as I didn't know it had been obtained.

[ploddertom]

Re: liability orders for non-domestic rates

All you can do is to ask them to provide proof of the Liabilty Order. I always find a good way of doing it is by asking questions. You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

What status did you trade as? Have you have a visit from the Bailiff?

[wenlewis]

Re: liability orders for non-domestic rates

It was a public house and when I queried with them how I could prove it was paid after more than seven years I was told that didn't matter and that as long as their records showed the money was owed that was all that was required. I have been paying £25 per month as it seemed I had no option but I missed some payments so got a bailiff letter through my door. I have now brought that instalment up to date but the bailiffs say I have to pay them at £120 per week. I have no goods that can be seized and sold as everything is either very old or second hand. I have contacted the local government ombudsman today as well who I didn't even know existed. The bailiffs have agreed to hold off a visit until 24/10/2012.

[ploddertom]

Re: liability orders for non-domestic rates

It was a public house and when I queried with them how I could prove it was paid after more than seven years I was told that didn't matter and that as long as their records showed the money was owed that was all that was required. I have been paying £25 per month as it seemed I had no option but I missed some payments so got a bailiff letter through my door. I have now brought that instalment up to date but the bailiffs say I have to pay them at £120 per week. I have no goods that can be seized and sold as everything is either very old or second hand. I have contacted the local government ombudsman today as well who I didn't even know existed. The bailiffs have agreed to hold off a visit until 24/10/2012.

Did you own or lease the pub?
There are many Councils digging up old debts but they must be able to prove the debt exists. Ask for a copy of the Liability Order? Otherwise I could tell you you owe me £500 from the same period and I need it paying now.
Have you had a breakdown of the fees the Bailiff is charging? As it is for NNDR I suspect he will be conning you as most small businesses are used to being ripped off. Send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters and I find best sent initially by email followed by a copy in the post.

There is now law that says you have to deal with or speak to a Bailiff and personally I would pay the Council direct - it upsets the Bailiff but so what. Have you checked to see if he is suitably Certificated http://certificatedbailiffs.justice....catedBailiffs/ . By paying the Council direct you do have to allow for lawful Bailiff fees but I would guess he has already had his fingers in the honey pot as Bailiff fees are paid first and any balance then goes to the Council.

Don't be surprised if you get no joy from the LGO as you have to exhaust all the Council complaints procedures first.

[wenlewis]

Re: liability orders for non-domestic rates

I will give your suggestion a try but I think I will email and write so that I have written proof.