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IS NON PAYMENT OF NON DOMESTIC RATES DEBT STATUTE BARRED

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IS NON PAYMENT OF NON DOMESTIC RATES DEBT STATUTE BARRED

6 replies 222 views
busybee73busybee73 Forumite
14 posts
10 Posts Name Dropper
MoneySaving Newbie
Hi there,

so my partner recieved a letter from the fabulous Bristow and Sutor about a debt withh the local Councl about a business he used to own that closed in 2008 to which he was a sole trader.

He has hidden this debt from me but last week i found letters from the council and B&S dating back from 2017, to my knowledge he has never aknowledged this debt with either the council or with B&S but in usual debt collection style they are demanding all types of stuff..... i know how Bristow work..they are a total pain.

Now the liability order was made against my partner on the 26/06/2014 for non payment of non domestic rates totalling £7273.14, and the councl has now instructed my partner to pay.

I am aware that any contact with Bristows is not ideal at the moment and i'm also aware that if we offer them a payment plan to suit our budget, then they will of course throw it out and tell us that we need to make regular monthly payments of a ridiculous amount.
My question to those in the know is this

Can this type of debt become statute barred? because i am aware that it is approaching 6 years from the lability order and over 12 years since my partners business folded.

Any info will be greatfully recieved, and also any links to templates and forms

kind regards

BB




Replies

  • edited 24 February at 10:15PM
    sourcratessourcrates Forumite, Board Guide
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    edited 24 February at 10:15PM
    The debt can become statute barred, as long as a liability order has not been granted, once it is, the debt can never become statute barred.

    If the LO was granted after the debt became SB, then you may have a legal argument, if it was granted before it became SB, you won’t unfortunately.

    It will depend on the dates, when the debts cause of action date was, and when the LO was granted.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
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  • busybee73busybee73 Forumite
    14 posts
    10 Posts Name Dropper
    MoneySaving Newbie
    Many thanks for your reply. Sadly my partner has thrown away all letters from the council and Bristows about this debt, he isn't even sure of any dates himself. He's really put his head in the sand with this one. The liability order has been granted, but that was in 2014, but he doesn't even know how long after the original debt it was served. We've little to go on and definitely don't want to continue Bristows just yet. 
  • fatbellyfatbelly Forumite
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    This doesn't come under the Limitation Act as far as I am aware but there is an  equivalent piece of legislation and that does seem odd that they waited 6 years before getting the Liability order. They probably did it in time but I would run this past Business Debtline

    https://www.businessdebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debt/statute-barred-debt.aspx
  • busybee73busybee73 Forumite
    14 posts
    10 Posts Name Dropper
    MoneySaving Newbie

    He has never acknowledged this debt to my knowledge, he has never contacted Bristows directly and looking at his council tax info on our local authority, the last payment he made to the account was on the 25/11/2008


    i am going to have a look at the link that you provided and see if i can find out anything.


    I have emailed the council direct today and tagged in our local councillor so that he can see the position that my partner, and myself should i choose to move into his are in.


    Thank you once again


    Kind regards

     

  • KatrinaWavesKatrinaWaves Forumite
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    By your own dates he made payment on the debt less than 6 years before the liability order:

    25/11/08 - 26/6/14

    So its not SB.Your local councillor has no power to overturn debts because of your circumstances. The best you can hope for is a low payment plan. Your personal circumstances also have no bearing on a business debt of your partners from 12 years ago.
  • busybee73busybee73 Forumite
    14 posts
    10 Posts Name Dropper
    MoneySaving Newbie
    Thank you, yes, we're in the process of finding out how much he has to pay. Thank you for your advice :-)
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