Business rates bill, council threatening bailiff action

[racaela]

My husband had a LTD company years ago which was closed due to not running and debts ect. The council have billed him for business rates, £6000.00 when the company was ltd. Contacted the council and they said the landlord told them that he was there when he went so they sent the bill in his name instead of the LTD company. we have explained to the council and sent them details of the company that was there many times, and sent the landlord invoices for the rent ect all in the ltd company but they are refusing to take that into account and want £6000 for a company that closed a few years ago. We have nothing of value, my husband works and I work part time and with ypung children money is very tight.

There is noway we can pay that and the council have now sent a letter stating going to bailiff state with £75.00 fee.


The lady I spoke to was very abrupt and didn't want to know. I emailed them the information a few months ago and thought thats it, matter ended but I just got the bill again this morning.

How do I move forward on this? I can't afford a legal representative, I have invoices, company details as everything was emailed to me. Do I need to go to the magistrates courts and speak to someone there to get it changed?

I don't have the landlords details anymore, does he need to speak to the council about the situation because they took what he said and issued the bill in his name instead of the ltd company he was invoicing for rent???

[ploddertom]

Sounds as if the Council already have a Liability Order - have you asked? Have they told you which years they are claiming for - care to tell us? Sounds like you need to speak to someone in charge at the Council rather than whoever just answers the phone - reason being that most Council contract out their back office functions to private companies such as Capita who are renowned for not being helpful.

[racaela]

yes it has been to court previously and after I sent the information i have heard nothing until today and i think it's been over 2 years since i last heard from them, 2016 they sent bailiffs but I told them what happened, they came in and had a look, I didn't even have sofas at the time and matresses on the floor. I have nothing as the company drained everything from us. only thing we have is an old 7 seater.

It's for 2013 and 2014. I did speak to someone in charge last time I spoke to them. I rang the local council office and she basically said tough, the landlord gave your name!! end of. Even though he landlord was billing a ltd company, he emailed all invoices monthly and I sent those, along with the company certificate.

Why bill my husband when it was a ltd company?? They took the landlords word for it, could have been anyone there.

[racaela]

The company closed in 2014 due to financial problems. I don't want to go through all that again with bailiffs ect. is there nothing that can be done with regards to the name the bill is in?

[ploddertom]

Contact your Councillor(s) https://www.writetothem.com/ best initial contact is by phone. If they are reluctant or not interested then go over their heads to the Leader of the Council & their opposite number. You should also make a Formal Complaint to the Council CEO that they are intent on holding an ex-director responsible for the debts of a Ltd Co - I assume he did not sign a personal guarantee..

[racaela]

ok so i just write to them explaining the landlord gave personal details instead if the ltd and we have sent proof that it was ltd company at that time. He told them he went to the unit and my husband was there. The council asked if the building was occupied and by who.

[lgfa92]

My husband had a LTD company years ago which was closed due to not running and debts ect. The council have billed him for business rates, £6000.00 when the company was ltd. Contacted the council and they said the landlord told them that he was there when he went so they sent the bill in his name instead of the LTD company. we have explained to the council and sent them details of the company that was there many times, and sent the landlord invoices for the rent ect all in the ltd company but they are refusing to take that into account and want £6000 for a company that closed a few years ago. We have nothing of value, my husband works and I work part time and with ypung children money is very tight.

There is noway we can pay that and the council have now sent a letter stating going to bailiff state with £75.00 fee.


The lady I spoke to was very abrupt and didn't want to know. I emailed them the information a few months ago and thought thats it, matter ended but I just got the bill again this morning.

How do I move forward on this? I can't afford a legal representative, I have invoices, company details as everything was emailed to me. Do I need to go to the magistrates courts and speak to someone there to get it changed?

I don't have the landlords details anymore, does he need to speak to the council about the situation because they took what he said and issued the bill in his name instead of the ltd company he was invoicing for rent???

Was the lease in the company name or was in a personal name ?

Appealing a business rates issue is far more complicated then equivalent for council tax (and that can be hard enough). Ideally liability should have been disputed at the point the liability order was granted.

There is a very good article on the issue here - https://www.33bedfordrow.co.uk/insig...iability-order

[ploddertom]

You have to remember the Bailiffs can only Take Control of Goods of any that belong to the debtor. It would be interesting to know what name the Liability Order is in? I'm assuming it will be for a business address and they are attending your private address. They have no automatic right of entry and either speak to them through the door or go out and speak outside making sure the door is firmly locked - they may only enter by peaceable means through an unlocked door even if it is closed - usually having been invited in, a bad idea. If you have a copy of the dissolution of the company then take some copies and keep them handy. Who is the Bailiff company?

[racaela]

the lease was in a companies name not personal. My husband didn't even know the landlord gave his personal details to the council. The lease was with a limited company from day 1 until we stopped trading. We stopped in march and the told the council but they billed us until june. We left the premises early much but they went by the date the landlord gave them in july!! Not happy at all. I rang my local councillor but he wasn't in, my husbands going to see if he can go see him.

I don't understand how they can bill him when clearly the landlord was billing a ltd company for rent??? why are the council ignoring that?

[racaela]

I am not going to be letting them in. This is the third time we are going through this, apparently the bailiffs went to our old address last time and then just turned up here, no letter or anything.

[racaela]

no baillif company yet, it's a letter from the council saying it's going to bailiffs if we don't pay within the next 5 days!!!

the letter is addressed to my husband and came to our home address and the bill if for a warehouse unit address but his name is on the top of the unit address not the ltd company.

[lgfa92]

It would be worth escalating the issue with the council in respect of the lease being in the ltd company name - ask them for the reason they believe the charge is due from an individual and not the limited company. If need be do it via the complaints process or by speaking to a local councillor. If you can get the councillor to ask them then you may well get a quicker response.

[racaela]

They are invoicing my husband because the landlord told them he was 'in the building'when he went to collect the rent and he pays the rent. He failed to mention that the lease is in LTD name.

So they have taken his name and billed him but we have been through this on numerous times with the council, sent the invoices, company registration at that address to prove it was a ltd company but they still sending the invoice to him. It's really frustrating, I even sent the council an email in 2013 explaining company has changed from one to another.

Clearly they have ignored all that and chasing him for the bill. If they dealt with the initial email sent with the new company details in 2013 this would not be happening. They are just going off what the landlord said and ignoring all documents and correspondance from us.

The landlord has emailed now saying we or our solicitor should have a copy of the lease and the building was leased to LTD not him personally. I'm going to send this information AGAIN and speak to the councillor, I did leave him a message to ring me.

It's so annoying that they ignored the company change over and took a name from the landlord, he could have given anyones details, if he said Elton John was 'in the building' will the council bill him???

[Sir Vere Brayne d'Emmidge]

Worth going to te issuing Court and have a look at the original fo the Liability Order, if it was issued in the name of the Limited Company then the entries made at Company House should suffice to have it returned as "Debtor no longer trading"

If the LO was issued in your husbands name I would DEMAND from the LA under which legislation are they trying to enforce an LO on an ex-Director of a now defunct company.