Non domestic rates

Nwsh1979

I have just received a letter from my local council asking to pay non domestic rates on a property I once was renting 13 years ago. 

I don't have any of the paperwork for that long ago but I am also confident the dates don't match when we vacated the unit. 

The council say they had previous tried to collect in 2013 however were unable to find me, even though I had domestic rates in my name at my home property.  The say they gave up looking for me until now. 

Is there anything I can do?

Robin9

https://forums.moneysavingexpert.com/discussion/6652345/non-domestic-rates

Have a chat with your local councillor.

Savvy_Sue

Just a question, because I don't know, but is a debt that old enforceable? Can they take you to court for recovery?

lincroft1710

I have a feeling non domestic rates may be exempt from the 6 year rule.

martindow

Here are a couple of sites which seem to suggest that the 6 years also applies to business rates

https://www.33bedfordrow.co.uk/insights/articles/business-rates-selecting-the-court-for-recovery-and-enforcement

https://www.nationalbailiffadvice.uk/Liability-More-Than-6-years.html

Savvy_Sue

Right so the first thing is to establish who's right, lincroft or martin, both of whom come across as generally knowledgeable posters (whereas I am often a rank amateur feeling her way in an uncertain world).

Do you have a legal advice line on your home insurance? Or are you a member of a trade union? Either of those might be useful.

And how much are they after? Paying for 'proper' advice could be worthwhile …

Nwsh1979

Good morning.

Thank you for the replys.

They are asking for £2600, im not sure if paying someone to tell ne to pay the bill is of benefit.

The council say they have a court order made at the time. I have yet to see it, and my next action is to ask for this. Does that mean the 6 year law is the forgotten about?

Again thank you for any information.

martindow

Savvy_Sue is crediting me with much more expertise than I am due! I was interested in the subject so did a bit of googling. The two sites I quoted seemed authoritative, but it is the internet.

Can lincroft comment on these sites? There is some case law quoted there which I thought gave them some credence.

I think that the OP will need to get at least a preliminary bit of legal advice as this is a sizeable claim to just settle.

lincroft1710

Having read

Business Rates - Selecting the Court for Recovery and Enforcement

(and a very interesting read it was too) I read it that a Billing Authority (council) cannot start a claim for non payment of NDR if more than 6 years have elapsed since the amount was due. So if the BA did not issue a rates demand within 6 years of the amount becoming due, IMHO they have no legal grounds to pursue the debt.

2 points. Firstly, councils don't always get it right. Secondly (except in Scotland) a debt over 6 years can be lawfully pursued, it just cannot be legally enforced.

So the OP needs to ascertain if a rate demand was duly served before the 6 year time limit.