Business Rates Fraud

I used to live in the London Borough of Waltham forest until September 2012 but moved out afterwards after selling the property we lived in. In September 2016, I received a "Business Rates Bill" from Waltham Forest demanding payment of just over £19,000 for unpaid business rates between April 2014 to April 2016 in regards to an office about a mile from my former property. Upon phoning them, they said that I was associated to the company that was paying rates for that office and, when I told them I had nothing to do with that business or that property whatsoever, said that there was a "strong link" between me, my former address and the company. I've checked high and low on the internet and have found not one link linking my name to that property. In my opinion, it's a case of identity theft.

I sent a letter by Special Delivery to WF Council in October 2016 detailing how I dispute the bill, that I have nothing to do with the property or this bill, that they have the wrong person and that they need to do a thorough investigation to find the real person who owes them that money which was shown as delivered. I've already checked my credit history and reports and there is nothing suspicious on there. It's as perfect as always. However, WF Council hasn't got back to me to date.

Now, I just got letters from Marston Enforcement with several Notices of Enforcement dated 11th January 2017 referring to debts totalling £20,000 because of liability orders that were granted in 2014, 2015 and early 2016. I think they only just found me now because I added my name to the electoral roll a few months back. This is really starting to annoy me now when the debt 100% isn't mine. They say to either pay them by 25th January or they will take action which will include seizing stuff I own. Any advice? What ways can I use to stop the enforcement action as soon as possible before contesting this debt that I supposedly owe?

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there,


    This is a very difficult situation and you will need to do several things. Firstly, ensure that your home is locked and secure and that you do not let the bailiffs in. Also, if you have anything valuable outside your home - hide it - in order to keep it safe.


    You can report the fraud to Action Fraud (the UK's National Fraud reporting centre). They will give you a crime reference and you should then make a written formal complaint to the council. Ask them to suspend all enforcement action and to launch an investigate. Ask them to confirm, in writing, ASAP that the bailiffs will not attend until further notice (pending the investigation).


    If the council still believe you to be liable you can escalate it to the Local Government Ombudsman and your local MP. Although council tax debt is not recorded on your credit file, I would suggest you keep an eye on it for any other unusual activity.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • sourcrates
    sourcrates Posts: 31,028 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi,

    As liability orders have been granted, i suggest you give Business Debt line or National Debt line a call and ask their advice on this.

    Hopefully they will be able to advise you.

    Edit . cross posted with Laura
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The problem with liability for business rates is that you're somewhat limited - there's not the same options as there is for council tax. With council tax you have a valuation tribunal, this doesn't exist for business rates liability. Unless the council agree you're not liable then may be scope to ask the magistrates to set aside the order they made but other than that it would be a high court appeal.

    It should be noted that a complaint to the LGO can only ever be advisory - most local authorities will follow their determination but it's not legally binding. They can only rule on whether the council followed due process rather than the actual liability decision itself.

    There will be some information they have which links to your 'name' with the address as to the veracity of this information then there may well be doubt. They can access information which is not publicly available in order to make their checks so it's possible the information is from there.

    Have you tried contacting the council directly and asking for the complaints manager ?

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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