Non Domestic Business Rates - Bailiff Help

parnison

Background:

I dove in at the deep end on a project building a Gym and classrom for a local rugby club that I coach at just to give the kids some facilities to use. We rented a derelict part of an old aluminium factory and I re-built the place but didnt look into Business Rates as I nievly supposed they wouldn't be charged on a community facility that was built to keep kids off the street.

We looked into registering as a Community Ammatuer Sports Club but for various reasons couldnt do it and we ended up with a liability order from June 2009 - March 2010 and Another from April 2010 - April 2011.

Both of the outstanding bills are being dealt with by Equita and both originally by the same bailif R Taylor.

They attended my home property whilst I was away on Holiday and left a letter telling me to get in touch, whilst I was away all of the blinds and curtains in the property where closed.

Upon my return I contacted the bailiff who told me there was £2500 outstanding on both accounts (The original bills passed over to the bailifs ammounted to £1850 which included the summons costs) so they had added £650 for attending and posting a letter through the door.

The bailif told me if I paid the 09-10 bill in full which was £1,309.08 then he would make an arrangement on the second otherwise he would attend tomorrow to remove goods. I paid the thirteen hundred and then asked the bailif for a breakdown of fees which he said he couldn't supply and I would have to speak to the office.

Couldn't speak to the office and had to email and wait.

The day after I had emailed requesting a statement of fees a different bailif attended for the 2nd bill (which the original bailiff had agreed to make an arrangement on) in the meantime I had put a small business rates application in which was backdated and that has reduced the amount on the second bill outstanding to £54.70 plus fees. I have asked the bailiff for bank account details to pay the outstanding ammount to try and stop him attending again but he has so far refused.

Statement of account has come from Equita today which as follows

Account 2009 / 2010

Debt £963.58
Visit Fees £42.50
Levy Fee £53.00
Enforcement Fees £250.00

Total: £1,309.08

So I have paid this one but as we where away, all blinds where closed, we have no paperwork and I haven't signed anything are they allowed to charge those fees and would they have to prove the levy?

2nd Account 2010 / 2011

Debt: £54.70
Visit Fees £52.00

Bailiff has visited for both accounts first time, can they come to the same address for 2 accounts and charge a 1st visit fee on both even though they are there anyway.

If it is 2 visits on both then how come the figures are different when these are laid down in law.

I think that I may be abble to recover the levi charges or I hope I can, can anyone help me and point me in the right direction?

Many Thanks

Paul

parnison

Can anyone help?

HappyMJ

Rule number 1 never speak to creditors/bailiffs/dca's on the phone. Use the post. Print a letter put it in an envelope and post it.

As for figures being different well that's what they do. It wouldn't stand in a court so it can be ignored. So no they cannot charge those charges but they'll always try to. Let them take you to court. The liability order you have is for the original amount so let them return the debt to council and deal with them directly. What's wrong with the bailiff attending? It's not as if you are going to let them in and let them make a levy.....are you? If they aren't let in they'll huff and puff and eventually get back in their car and go onto another job.

I'd say you've paid the debt and a bit more as they have charged you an enforcement fee which they shouldn't have.

[Deleted User]

Hello Parnison,

There's someone on this site who's a real expert on bailiffs that you can PM. I'm not sure what her name is, but I think somebody will come along and remind us.

NorthernLas

Information on business rates can be found http://www.bailiffadviceonline.co.uk/business_rates.htm

There are set fees and I think they used to be listed, but I can't find them today.

Sorry, it doesn't answer your exact questions.

hallowitch

Statement of account has come from Equita today which as follows

Account 2009 / 2010

Debt £963.58
Visit Fees £42.50
Levy Fee £53.00
Enforcement Fees £250.00

Total: £1,309.08

So I have paid this one but as we where away, all blinds where closed, we have no paperwork and I haven't signed anything are they allowed to charge those fees and would they have to prove the levy?

2nd Account 2010 / 2011

Debt: £54.70
Visit Fees £52.00


bailiffs fees for collecting council tax for non domestic property's and domestic property's are the same

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992


THE COUNCIL TAX (ADMINISTRATION AND ENFORCEMENT) (AMENDMENT) (NO. 2) (ENGLAND) REGULATIONS 2003

AND THE COUNCIL TAX AND NON-DOMESTIC RATING (AMENDMENT) (ENGLAND) REGULATIONS 2006

SCHEDULE 5 CHARGES CONNECTED WITH DISTRESS

1st visit fee £24.50 2nd visit fee £18
You have been charged a levy fee to charge this fee the bailiff must leave you a notice of seizure of goods and inventory listing the goods levied(form 7)


there is no such thing as an Enforcement fee in above regulations they call it an enforcement fee because they cant charge a levy fee and a van/attendance fee on the same day

your breakdown of charges is not much good as it stands you need the date the fees were added for both accounts

Equita may tel you this information is classed as a subject access request(SAR) and they will want a fee of £10 for this (not true) however the way round this is to SAR your council asking for all information internal and external for both liability's

do a bit research if Capita administrate council tax for your council they own Equita bailiffs
do everything in writing by recorded delivery

PNPSUKNET

how can a levy be charged, when one hasnt been done

parnison

When you say SAR the council what does that mean?

MrsTinks

The person YOU need is Nanny Mc Herbie21 Ok ok so it's JUST Herbie21 or try her website at www.bailiffadviceonline.co.uk If anyone can tell you if they're beign naughty or not it's her PM her on here - she drops by fairly regularly