Really need some advice

[Annabanna]

Hi, I need 2 lots of advice if I can please -

1: I have a bailiff that is collecting business rates that wants to take my sisters car because he believes it is mine - He has seen me drive it - Ive borrowed it before. Can he do this? I am paying the business rates but direct to the council as I can't afford to pay to set up a payment plan.

And also, I have some ccj's for water rates that I have buried my head in the sand and not paid, and are now with bailiffs, Can the bailiffs break into my home? Again im now paying these but I can't afford to pay it all in one go.

Any help is greatly appreciated

[Amy]

Re: Really need some advice

These should all be fine since you are now paying them off. Have you drawn this fact to the authority's attention and asked them to withdraw the accounts from the bailiffs?

[Celestine]

Re: Really need some advice

Hi Annabanna

Are you in hardship?

Have a read here on the water rates:

Assistance to pay utility bills when in hardship - Legal Beagles Consumer Forum

My sister had over £900 settled by Severn Trent Trust Fund.

And no, the bailiff can't take your sisters car........

And no, the bailiffs can't break into your home, just don't let them in.

Read here:
Bailiff Guide - Legal Beagles Consumer Forum

Best of luck

[Annabanna]

Re: Really need some advice

Hi, No I haven't asked them to be withdrawn from the bailiffs, I didnt know they would consider this?

I have applied for a water grant though, Thanks x

[baker]

Re: Really need some advice

Hi Annabanna.
I am in a similar situation, I left a post under the new bie welcome section (in error? ).
It seems Water Companies are given special treatment in the County Courts. In my case Southern Water went back on a written arrangement I am trying to get advice on taking the issue to the Court of Appeal, (I am informed Southern Waters main Shareholder is the Royal Bank of Scotland )
I woud be interested to learn if you get your water grant.
All the best BAKER

[panzer]

Re: Really need some advice

Hello Anna & all.

I have a bit of experience with business rates bailiffs (and others) and keen to help.

First, he can take / seize your sisters car....

But he'll have to give it back the second you prove it's hers!

You can of course preempt this by sending proof of ownership to the bailiffs before it goes any further.

Hopefully celestine is right and they will take the debt back, it's worth a try. But i would make preparations for the worst case scenario until that is confirmed.

Do you still run the business and occupy the premises?
Sole trader?
Ltd company?

2)These water rates. Do they relate to the business? and how much is the debt.

Finaly, no they cannot break into your home - not unless you've let them in before, and even then its VERY rare.

[Annabanna]

Re: Really need some advice

Thanks, What proof of ownership would I need to send, she bought it privately so she has a handwritten receipt and the log book in her name, Would that be enough?

We don't run the business anymore, There was no work coming in and we was having to find the rent from elsewhere so it had to close. It was my partners sole trader business.

The water rates relate to my home, I spend a few years depressed with my head in the sand, Now im trying to deal with it all and Im absolutely scared sh**less

[Amethyst]

Re: Really need some advice

I think she can do a statutory declaration - the person who knows of these things is Amy who I'm sure will pop her head round later but I'll see what links for info on that I can find.

Here's a basic template Bailiffs threatening to remove fathers car because he has same full name as his son help ?

IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help on council tax bailiffs

CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?
The bailiffs can only take goods belonging to you if you are named on the liability order. This means that if the council tax debt is just in your name, the bailiff should not take goods which are owned jointly with someone else. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a "statutory declaration" to say this is the case. They cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can.

[Amy]

Re: Really need some advice

A receipt for the car will be more than enough, should they actually try and levy on it.

If they haven't, I wouldn't provide any information.

[wiccaqueen]

Re: Really need some advice

did the bailiff leave you a notice of seizure listing you sisters car as goods levied

[Annabanna]

Re: Really need some advice

No, no one has actually levied it or threatened it yet, But I am worried because she is in the middle of moving, changing job and will loose her company car - So she bought this one and its parked near my house until she has moved

[panzer]

Re: Really need some advice

Have you done all the things possible to reduce the origional rates bill

1) Has it been adjusted to cover the period he occupied the building, as oppossed to the whole year?

2) Did the building qualify for a discount, i.e. was the ratable value less than £15,000, and was this discount applied for? (Don't get to exited, there is a cut off point for backdated claims)

[Annabanna]

Re: Really need some advice

Hi, Yes all that has been done, and like I said im paying it off, but because I have refused to let them in to do a walking possession they are still harassing us.