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bailiffs have been threatened due to none payment of business rates

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  • #1

    bailiffs have been threatened due to none payment of business rates

    Hello all I hope someone could help me.

    Until recently I was the director of a company but i had to stop trading. There are no assets and no money anywhere business was registered at my accounts and was a shop front trading address. My accountant told me that because there is no money with no assets and i could not pay for someone to wind the company up the best thing to do would be nothing so currently the business is still trading according to companies house.

    When i left the shop the council where chasing me for business rates personally but i showed them proof that it was a LTD company and got that sorted and didnt hear of them for a while, now i have just had 2 letters that i owe them around £400 for business rates but the letter was addressed to the LTD company but to my own home which has never had anything to do with the LTD company.

    I rang them and they said because i was the director of the company I am liable for the debt and if i do not pay they will send bailiffs round to my home address and take items to that value.

    Please could someone help me are they even allowed to do something like this and what can i do?
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  • #2
    Re: bailiffs have been threatened due to none payment of business rates

    Don't think they can do that, which bailiffs are these?

    Comment

    • #3
      Re: bailiffs have been threatened due to none payment of business rates

      dont know the bailiffs yet just been threatened with them does anyone know the best thing to do to stop them from coming to my personal address

      Comment

      • #4
        Re: bailiffs have been threatened due to none payment of business rates

        Which local authority is involved? They are seriously coming close to breaking the law. Unless there is a provision in the relevant legislation allowing them to do what they are threatening to do, not only would they be acting unlawfully, any attempted enforcement action may be illegal.
        Life is a journey on which we all travel, sometimes together, but never alone.

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        • #5
          Re: bailiffs have been threatened due to none payment of business rates

          I was a Director of a LTD company that owed business rates when it was Dissolved the Council told me I was not personally liable Expect it the same everywhere

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          • #6
            Re: bailiffs have been threatened due to none payment of business rates

            the council is Sefton council I do understand that a LTD company is nothing to do with me personally im not sure if this is just scare tactics to try and get me to pay but the operator did say that because on companies house the company is still listed as trading then i have to pay i have an email address for them just not to sure what to email.

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            • #7
              Re: bailiffs have been threatened due to none payment of business rates

              It sounds like the muppets at Sefton Council either don't know what they are talking about or need a very swift and hard kick up their backsides for speaking total stercus bovi.

              Although the limited company is not trading physically, it is still liable for National Non-Domestic Rates (NNDR) whilst it is shown as trading at Companies House.

              To the best of my knowledge and belief, a director of a limited company cannot be held liable for the debts and liabilities of the company unless the Insolvency Service has found the director to have failed to exercise due care and diligence in their running of the company or to have committed some offence under Company Law that would make them liable.

              I feel that you would be wise to seek competent professional legal advice and a letter to Sefton Council from a legal professional pointing out the legal technicalities and folly of attempting to do what they are threatening to do would be prudent. It is likely that Sefton Council's threatened action would be unlawful and, possibly, illegal also. The person who told you that Sefton Council can distrain your personal goods for a limited company's debts may have dropped not only Sefton Council but themselves also in a slurry pit of their own making.
              Life is a journey on which we all travel, sometimes together, but never alone.
              • 1 thank

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              • #8
                Re: bailiffs have been threatened due to none payment of business rates

                If the company is still trading it will have to file accounts if this is not done Companies House may dissolve the company.As I understand it a creditor The council in this case gets zero Have to agree with Blue bottle about getting legal advice if the Council and Bailiffs think they are right they can cause a bit I hassle
                • 1 thank

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                • #9
                  Re: bailiffs have been threatened due to none payment of business rates

                  Unless this muppet council and their penypidyn bailiffs get a cease and desist from a legal professional, they will carry on even to the extent of clamping and taking cars before they are made to realise that they are on the trapdoor, noosed up with Pierrepoint about to pull the lever. What bailiff firm are they and is Sefton infested by the out of control Crapita?

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                  • #10
                    Re: bailiffs have been threatened due to none payment of business rates

                    Originally posted by killersla View Post
                    the council is Sefton council I do understand that a LTD company is nothing to do with me personally im not sure if this is just scare tactics to try and get me to pay but the operator did say that because on companies house the company is still listed as trading then i have to pay i have an email address for them just not to sure what to email.
                    Did the Ltd Company have a bank account?

                    Do you still have an old cheque book?

                    If you do send them a cheque for whatever they ask!

                    But yes, do seek legal advice, I think that you are being the victim of scare tactics and possibly extorsion.
                    The Black rat (Rattus rattus) is a common (hence the accusation of being Pleb) long-tailed rodent of the genus Rattus (rats) in the subfamily Murinae (murine rodents). The species originated in tropical Asia and spread through the Near East in Roman times (another thing that we ought to thanks the Romans for, besides roads, aqueducts and public toilets) before reaching Europe by the 1st century and spreading with Europeans across the world.

                    A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

                    A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.


                    It's a dirty job, but someone got to do it!

                    My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained
                    • 1 thank

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                    • #11
                      Re: bailiffs have been threatened due to none payment of business rates

                      Originally posted by Sir Vere Brayne d'Emmidge View Post
                      Did the Ltd Company have a bank account?

                      Do you still have an old cheque book?

                      If you do send them a cheque for whatever they ask!

                      But yes, do seek legal advice, I think that you are being the victim of scare tactics and possibly extorsion.
                      DO NOT write a company cheque that you know will not be honoured due to insufficent funds.

                      Comment

                      • #12
                        Re: bailiffs have been threatened due to none payment of business rates

                        Originally posted by davec1960 View Post
                        DO NOT write a company cheque that you know will not be honoured due to insufficent funds.
                        Unless, that is, one really wants to spend some time in gaol.

                        Comment

                        • #13
                          Re: bailiffs have been threatened due to none payment of business rates

                          Originally posted by davec1960 View Post
                          DO NOT write a company cheque that you know will not be honoured due to insufficent funds.
                          Definitely, agree you must not issue a cheque which will definitely bounce.

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                          • #14
                            Re: bailiffs have been threatened due to none payment of business rates

                            I have to agree that you should not, under any circumstances, issue a cheque, knowing there are insufficient funds to cover it. You will be committing a criminal offence if you do so.
                            Life is a journey on which we all travel, sometimes together, but never alone.

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                            • #15
                              Re: bailiffs have been threatened due to none payment of business rates

                              Originally posted by bluebottle View Post
                              I have to agree that you should not, under any circumstances, issue a cheque, knowing there are insufficient funds to cover it. You will be committing a criminal offence if you do so.
                              And playing right into the council and bailiffs hands.

                              Comment

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