Being chased for Business rates that are not mine.

oblong6

Hi,

First off apologies for the incorrect forum, I can’t find a relevant one.

I'm a carer for my partner also just keeping off disability myself with chronic abdomen pain.

Today (11/11/2017) I received a notice of enforcement from Bristow & Sutor Enforcement Agents regarding what I can only assume is non-payment of rates for a unit an uncle of mine (not me) rented back in 2014. The dates unpaid are not listed but it has my name on it!
I introduced the landlord to my uncle (both of them not the most trustworthy) and I helped my uncle move into the premises as well as lent him what money I had to pay the first chunk of his rent upfront.

He never paid be back and we fell out around the Dec of 2014.

On Tuesday 4th August 2015 I received a demand for payment of rates from Leicester City Council and that day I emailed them stating the above, that I was nothing to do with the business. I am a full-time carer for my disabled partner and do not work. I received the automatic response saying

“Thank you for contacting Leicester City Council regarding Business Rates. We have received your email and will respond as soon as possible. However, due to the volume of enquiries we receive there may be a delay in our reply.

Meanwhile, you may find the following information useful:…”

I contacted my uncle who said he doesn’t know how my name got involved but not to worry as he was in arrangement to pay it. I never received a reply from Leicester City Council and so I (stupidly) assumed this issue was resolved as I had nothing to do with the business anyway.

Back to today, I opened this letter and its saying bailiffs are going to visit me and I do not know what to do. Someone somewhere must have put my name down on some paperwork that has the council convinced I am responsible but I did not sign anything, nor was I involved more than a nephew helping his uncle out. On a side note the landlord didn’t ever clear his premises and my uncle never completed his move, well, never had when we stopped talking over him not repaying my loan.
I cannot get in contact with my uncle as like this with me, he has borrowed a lot of money from family and he is in isolation, deleted facebook, new phone and moved. We have no idea how to contact him.

I am so worried about this; my partner is in bits and I can foresee a hospital admission over this. We have just found out she is pregnant which was wonderful news and we are worried now this is going to impact her pregnancy.

Any advice whatsoever would be highly helpful. I am going to contact the council first thing Monday morning as well as Bristow and Sutor. I will also contact CAB, but anything at all would be appreciated to get the conversations going the right way.

Thank you in advance for looking and sorry again for posting in what I assume is the wrong forum.

Oblong6

G_M

1) Have you established, beyond doubt, that the contract was between your uncle and the landlord? Not between you and the landlord? Reading between the lines, it sounds like your uncle might have got the contract put in your name (and conned you into signing without full knowlege perhaps?).

Have you seen the contract?

2) have you confirmed with your uncle that he has now paid? Have you got proof of payment?

3) Have you written to the council (yes, a letter)?

4) Have you reeived any court papers? Private bailiffs have few powers (do NOT let them into your property - they cannot force entry). Only after a court hearing can court bailiffs take enforcement action.

5) I'm afraid all your disabilities, health issues, pregnancy etc are irrelevant (from a legal viewpoint).

chappers

G_M wrote: »

(do NOT let them into your property - they cannot force entry).

Can't emphasise this advice enough. do not let them in for anything, under any circumstances.

pelirocco

chappers wrote: »

Can't emphasise this advice enough. do not let them in for anything, under any circumstances.

Council tax arrears are normally dealt with by court appointed bailiffs.

G_M

pelirocco wrote: »

Council tax arrears are normally dealt with by court appointed bailiffs.

But only after a court hearing.

OP has only said: "I opened this letter and its saying bailiffs are going to visit me" so establishing if this is pre- or post-court is important. The letter should clarify.

NeilCr

https://www.businessdebtline.org/EW/factsheets/Pages/businessrates/businessratesarrears.aspx

This may help.

It might be worth talking to Business Debtlne who produced this. They are a charity and you may find CAB won’t help with business debts

While G_M is correct I would say it is highly likely there is a court order. Looking at the website of Bristow and Sutor they are enforcement agents and, in my experience, council tax (business rates etc) don’t get to them until there is a court order. The dates would point to that, too.

elmer

I deal with Non domestic rates, but in Scotland so things are sometimes a bit different but not much.

First call Leicester and ask for the account to be put on hold at the bailiffs as you are disputing liability for the property.
Then you need to find evidence that you are not responsible for the rates as they won't leave the hold on indefinitely.
If this is not possible or it might take some months you can as you are currently liable apply for the Small Business Bonus
This is a rates relief scheme for properties that have a low rateable value (this will be on the bill)
You usually apply online or they will send you a form.
For many properties that are small it can be 100% relief, but you can ask advice from Leicester council

Good luck

elmer

daveyjp

The Council will be acting on information they believe to be true. They don’t choose a name and start sending bills.

You therefore need to meet them, not e-mail or phone, a face to face meeting to find out why you are being held responsible for this debt.

Unfortunately less scrupulous people are happy to give other names to official bodies to avoid their liabilities.

If the debt is to your local Council get one of your Councillors to accompany you to any meeting.

elmer

At this stage I would not be looking to meet people or councillors as more info will be required,
save your councillor for if none of the things in my post above have helped.

If your uncle has given fraudulent info, thats the first thing to sort out and everything else should then sort itself.

elmer

G_M

NeilCr wrote: »

While G_M is correct I would say it is highly likely there is a court order. Looking at the website of Bristow and Sutor they are enforcement agents and, in my experience, council tax (business rates etc) don’t get to them until there is a court order. The dates would point to that, too.

That may well be the case.

It would just seem strange if the OP had been located for service of this letter, but had not been served notice of any previous court date (I assume if he'd been made aware of a court hearing he'd have a) attended and b) mentioned it here).

But the wording in the letter should make it clear I imagine.

NeilCr

G_M wrote: »

That may well be the case.

It would just seem strange if the OP had been located for service of this letter, but had not been served notice of any previous court date (I assume if he'd been made aware of a court hearing he'd have a) attended and b) mentioned it here).

But the wording in the letter should make it clear I imagine.

I have to say that over my years volunteering at CAB I have seen quite a few cases where some letters were received and others not. Various reasons - not sent - recipient moved - recipient didn’t realise what it was - recipient threw it away - lost in post etc etc.

It is unusual, though, for an enforcement agent to be instructed by a council if there hasn’t been a court hearing. That’s confirmed in the process outlined in the Business Debtline fact sheet.