Bailiffs chasing Business Rates arrears

[ThreeYearsAndCounting]

Re: Bailiffs chasing Business Rates arrears

That is showing all three visits as being made on the same day - that means just one fee of £24.50, fair enough, but not the other two £24.50's.

The £285 is an enigma which needs sorting out.

Thanks for posting up this info - we're a little further along.

I presume the Bailiff would simply deny that he ever mentioned £285. I have no proof,it was a mobile phone conversation. I know he did, and confirmed by adding £285 to the original debt and quoting me that total figure, but no way to prove it.

[labman]

Re: Bailiffs chasing Business Rates arrears

I'm really sorry - I'm being totally thick here. I understand the bailiff said about the £285 and you have no way to prove he said that. Has he actually added the £285 to your bill or not?

Excuse my special needs! :beagle:

[ThreeYearsAndCounting]

Re: Bailiffs chasing Business Rates arrears

I'm really sorry - I'm being totally thick here. I understand the bailiff said about the £285 and you have no way to prove he said that. Has he actually added the £285 to your bill or not?

Excuse my special needs! :beagle:

Sorry, I guess I didn't explain clearly.

On the day that the Bailiff visited (1st February) and left a Notice of Attendance I rang him to ask how much my friend owed. He told me the original debt to the Council was £3920.74, his fees were £285, total owed was £4205.71 (which actually would make his fees £284.97, or £94.99 for each of the three references). The paperwork from the Bailiff's company (in response to my letter mid February) shows a fee of £24.50 for each reference, in respect of a 'first visit', no mention of £285 or £284.97 or £94.99.

I think the £285 was just a number he dreamed up. Easy for him to deny ever mentioning it. As their paperwork does not mention it I think it is best to forget about it.

[labman]

Re: Bailiffs chasing Business Rates arrears

Brilliant, thank you. So all your friend actually owes is £24.50, that's it. The regulations state that if they make one visit (or even three separate visits in one day) against three separate liability orders, they can only charge one fee - hence just one lot of £24.50. Your friend is now in a much stronger position. I'm on my phone at the minute, but when I'm at my computer later on, I'll post again with a letter for him to send to the council,

Meanwhile, do not let bailiffs in if they visit, keep vehicles away as these are easy to levy on. If the bailiff does call, try to video or sound record what he does and says. Speak from an upstairs window, or outside with the door locked, hopefully they have played into your hands now. Will post later.

[labman]

Re: Bailiffs chasing Business Rates arrears

As promised - amend the bits in red. This letter should be sent to the Head of Revenues at the relevant local council.

Your Address
Date

Dear Sir,

Your Ref: [Insert your reference]

I am writing with regard to the above account. I have been visited recently by your appointed enforcement agents [insert name of bailiff company] who have charged me a total of £xxx.xx.

I do not believe that these fees are charged legitimately, as prescribed by The Non- Domestic Rating (Collection and Enforcement) Regulations 1989 and all subsequent amendments. I would therefore be grateful if you could confirm to me whether or not you believe these to be fair and honest. If they are not, I would request that the debt be recalled to the council, and all fees removed.



I am able to repay the amount of £xx.xx per week direct to the council and I trust this will be acceptable. I enclose an up to date Common Financial Statement setting out my current financial position. As you can see, my repayment offer is realistic. Obviously if this changes, I will notify you immediately.


I look forward to receiving your written confirmation one way or another regarding the fees charged. I would also be grateful if you would confirm that the council is recalling the debt, and instructing the enforcement agents that they should cease to pursue this account along with your acceptance of my repayment proposals.

Yours faithfully,

Sign you name here

[PRINT NAME]


In the meantime, please try to encourage your friend to keep paying what they can afford, on the same day every week, NEVER missing a payment, via their online facility or automated telephone facility. It is important no payments are missed, and important that in a short time, the council can look at the account and see that repayments are being made on a regular basis.



Back to black! It is very likely the Head of Revenues will condone the bailiffs' fees, don't worry about that, we are expecting it. It is for precisely this reason I have not gone into the detail of why we consider the fees unlawful.



Once you hear back, either way, please post up again and we'll take the next step. You will probably hear about the Liability Orders first anyway. It is all good information to have.