bailiffs help!

alastairq

did he identify himself as a Court Bailiff?

or is he just some debt collector trying it on?

I'd move the car in case, anyway.

Also, if he was a genuine court bailiff, he would have court papers showing you to be in default of a court order, with court dates, etc.

Did he do this?

do not let him in your house..keep doors and windows firmly locked, if you have to go out.

[I also think, if he IS a court bailiff, he has to back off if you say the debt is disputed??]

Is it in reality a debt collector, and not a court bailiff ? [many folk assume anyone calling at the door, demanding money for a supposed debt, claiming they'll take your car,etc...must be a bailiff.....it is a common error, played upon by DCA's]

MyRubyRed

introuble1 wrote: »

hi they just took out my lease i got a 3 year lease had the shop for a year and a half and they just took it over i didnt sell it the people who i rented off just agreed for her to take over i should have got solicitors involved but i was just so stint and relived to not have the shop anymore very stupid i know i am beating myself up about it now!

Ive PM'd you but in the interim more questions love. Don't beat yourself up over it xx
What if anything do you have in writing from your landlord re the acceptance of assignment of the lease to the new tenant
Do you have a copy of the lease you took out can you scan and send it to me?
Whose name is on the utility bills (yours or new tenant)

timmmers

Wouldn't it be useful to just prove that you weren't living in or using the shop during the time involved? If it's been empty for a period then there surel wouldn't be any CT to pay at all anyway?
did you tell the council that you no longer had an interest in this property ?
You must have some other regular bills that got cancelled when you left the place...like utilities ? To prove you aren't the one they should be chasing?

t

introuble1

yes they know that i didnt have the shop but the girl that took over my lease has gone bankrupt so the bailiff is saying as it was my lease in the first place that it is my responsability now there was no new lease she just took over mine not sure how long if any the shop was empty this has all happened today and the council offices are shut and the bailiff is only giveing me untill monday morning to get things sorted

SouthCoast

OP indicates that the debt is for rate arrears on a commercial property.
Check out Hierachy of Liability.

As others:
Lock doors, windows, sheds etc and hide the car.

fiveyearplan

blind-as-a-bat wrote: »

They are the worst when it comes to bad debt, RichS will vouch for that i think;)

I can vouch for that too!!! The cause of my bankruptcy is an unscrupulous and greedy commercial landlord. My blood still boils when I think of it!!!! :mad::mad::mad::mad:

SouthCoast

Court hearing

If your council has tried using bailiffs but your Council Tax still isn’t paid in full, they may apply to the Magistate’s Court for a warrant committing you to prison. The council will only take this step when other efforts have failed.
Before issuing a warrant of commitment the court must hold a means enquiry with you present. A warrant will only be issued if the court is satisfied that the failure to pay is the result of wilful refusal or culpable neglect. The maximum period of imprisonment is three months.
The court may decide to postpone the period of imprisonment on certain conditions, normally relating to payment of the debt over a period of time. The court also has the power to remit all or part of the debt.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013198

CIS

It is still a civil matter, without court intervention, the threat of criminal proceedings is still a red flag

If its with a bailiff then the magistrates court will have issued a Liability Order and its a criminal matter. (Going down the civil route is an option the council have but is not as common)

Although the earlier example by SouthCoast is for Council Tax the actual recovery proceduers are almost identical and , assuming that its a sole trader/partnership , then committal action is an option for business rates enforcement. The relevant regs are the Non Domestic Rating (Collection and Enforcement) (local lists) regs 1990.

RobertoMoir

blind-as-a-bat wrote: »

It is still a civil matter, without court intervention, the threat of criminal proceedings is still a red flag

While I don’t disagree, as a precaution, and as it is the weekend so chance of getting it confirmed if it has got that far is zero, the fact they have timed it so makes me wonder even more if this is legit, or if the bailiffs are at least.

No harm in making sure though, until you can look into it further.

But it’s the first time I have seen a post claiming the threat of criminal action in all the time I have watched, and posted here

If its National Non-Domestic Rates then it will be bailiffs and they will be acting under a Liability Order obtained by the council from a court. So the first question I'm asking is what, exactly, have they said the debt is.

As the OP is (understandably) in a bit of a panic, its a bit hard to be certain from their posts exactly what is going on.. it's possible to be arrested for non-payment of debts like NNDR, IIRC, however its a decision for the magistrate after an application from the council, it is not the bailiff's decision to make but most of them know that general public are ignorant so this is quite a common threat that contains a little germ of truth - enough to muddy the waters.

ascot64

If the car is in the name of your husband ans the debt is solely in your name surely he cannot take it. Do you have the the log book V5 showing your husband as the keeper and anything to prove he owns it.