Buisiness rates and the Bailiffs HELP !!

couldhavebeenasuperstar

I am in desperate need of some advice.
I had a small shop a while ago that I had to close before somebody else did it for me, The majority of creditors are now on a payment plan to pay of the debt, Like a plonker I didn't do anything about the outstanding business rates and now I have just had the Bailiffs at the doortelling me i have to hand over the thick end of 6K or they will empty the house.
The business and all the bills are in my name but the bailiff is saying he can take my wifes car, my wife had nothing to do with me shop and she does need her car for her own business.
In blind panick i ran of to the court and got the bankruptcy forms but have been told nothing can be done until thursday at the earliest, Bailiff coming back 8.30am wed !!!
What can they take ?
What can I do ?
I really do need some sound advice, Please no smart aleks telling me that I should have sorted it out earlier I think I kind of got to grips with that now.
HELP !!

louB_5

If your not in a postion to make an arrangement wit the bayliffs then you should call the b rates dept first thing on Tuesday morning and explain. They don't like getting inviolved once the account has been passed to bayliffs, but if there is no possible way you can make a payment, they may be able to liase with them whilst you submit you financial situation to them.

lynzpower

I believe in normal bankrupcy they cant take your partners stuff, only yours. However, Ive only picked that up from on here, I may have got wrong end of the stick. Someone will be along to offer more soon, take a deep breath, sounds like you need it

Hugs
Lynz
x

Emmzi

As far as I recall- and it's been a while since I looked at this - if there is a proper court order saying bailiffs can ENTER and remove stuff and sell it - you're kinda stumped.

But if the business is in your name only, they can only take your stuff.

I would get yourself to citizens advice right away - see if there is a saturday clinic - so you know what your rights are.

I take it you have had some sort of order to appear in court and ignored it?

CLAPTON

some questions - no judgements but the answers are important

a. were you served court papers and did you ignore them?
b. how do you know they are actual bailiffs as opposed to debt collectors
c. did you let them into your house?
d. did you sign anything at all.

in any event they canot take your wifes things although she may have to prove they are hers...maybe best to move the car to some else.

couldhavebeenasuperstar

Thanks for the reply's

No I didn't get a court order, well not to my house but i gues it could have gone to my old shop (somebody else is leasing it now.

They gave me a letter that said they were bailiffs.

No i didn't let them in the house.

and no I didn't sighn any thing.

I have been looking at the national debt line web site and they reckon you can get the council to take the debt back ?
Has anybody else heard of this actually happening ?

chevalier

You may need to get a break down of the debt. Is it all business rates, or have the bailiffs added on interest and their charges to it? If so maybe you could dispute the debt?

As far as I am aware, anything that you need to live ie fridge, freezer, cooker, washing machine, clothes, work tools, they cannot take. They also cannot take any of the children's things either (though if sonny jim has a play station, nintendo etc, I would suggest that it goes to grannies for a few days).

Definitely see if the CAB can help.

And what was the name of the Bailiffs? Someone might have dealt with them before, and may be able to give you pointers. Also is it possible that the new leasee of your old shop, may not have thrown away your mail? Worth checking with them tomorrow?

Best of luck

couldhavebeenasuperstar

The name of the bailiffs is Jacobs from liverpool.
As far as i can tell the debt is just for business rates.

Emmzi

guide to bailiffs

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

Emmzi

plus, can't find them listed on yellow pages... might be worth a wander by their office address tomorrow to check they are who they say they are?

CLAPTON

obvious things first :

a. do not let bailiffs into your home (best to speak through the door or window). at this stage they have no right to force entry.

b. don't let them trick you in any way...can I use your phone to call my boss to prove i've been here, use the wc, your house is on fire can i help (ok maybe not this one)

c. dont sign anything at all

d. although they can't take your wife things, best to move her car (and yours ) just in case. frankly move any high value goods to family/friends (if you have any such goods)

e. unfortunately i have to say i have no specific knowledge of business rates so i'm hesitate to offer bad advice but for most court judgements one of the few reasons for challenging them is that you didn't receive the papers (maybe they were sent to your ex-business address and not your current address). check with the council what process/court they went through and which court.

e. phone the council first thing on tuesday ...say you haven't received any paperwork/demands/court papers etc.....ask where they were sent

f. offer some payment schedule .... assuming you can afford something?

things you may be able to do over the weekend

check your council website , it may have a section on recovering council tax and business rates and their procedures....
site address is usually 'councilname.gov.uk'

check your credit rating to see if anything adverse has been registered about his ..use the online first month free trial opportunities (but remember to cancel before the end of the month's free trial

read up some of the websites on debt recovery