Bailiffs....I need advice asap please

[Dumbfounded212121]

Hello all I have and changed for this.

So I'm not far off murdering my dp. Many will say LTB but that's not going to fix my problem for tomorrow. I will deal with him later.

Dp has a debt to do with business however it is in his own personal name. Business rates. The company hasn't been doing very well recently and he has struggled with this and paid as and when he can. The bailiffs have been sent round to his place of work and left a letter saying they will be back to remove goods. Do called the number and said look I can't pay all. Can I pay a bit and set up a payment plan with you. Bailiff said I will give you until Friday (3 days ) to get what you can and if you are lucky we can agree something to let you pay it off by new year. Well we still won't be able to pay it off by then. As the council want the years business rates up front even though we are only a few months in arrears.

So they can't take anything from his work as he has proof the business owns everything not me. This so try as in finance in companies name and business rates in dps name. So the belief said I will come and you can show me your proof but then I will be coming to your house. He has our address. So I have some receipts for the tv and laptop to prove they are mine. But no receipts for anything else.

What can he take.... Can he take the tumble dryer, dishwasher?we have a spare fridge in the garage, sofas? My jewellery? Nothing worth much.

Thanks in advance. I know not aibu. But i am desperate and don't know what to do tomorrow. I'm more worried about the effect on my kids rather than stuff. Please don't bash me or dh. Times have been hard and the council didn't listen when we tried to sort it out before.

Exactly monster. Maybe I wasn't clear enough. Those payments were after the default on the direct debits. We had kept up with it. Had a few problems. Then got back into it again. Then had a few problems. Got VOA involved as the rates are very high and made a few payments here and there where we could. Council trying to say we have never paid anything which is not true and I have shown this many times.

What is your problem, @Iaimtomisbehave1? They should never have been personally liable for business rates for a limited company. If the company was correctly registered for the business rates and couldn't pay, it should have been put into liquidation. You seem to want blood for a naive mistake...

@Iaim
Your name is quite apt btw.
I skimmed most of that because you’re just repeating yourself, let me make it clear:

1. they should not be liable for a business debt
2. Business rates aren’t the same as council tax- there are deductions and disputes and it quite easy to pay with the incorrect reference.
3. Even if everything was simple and hunky dory from the get go business rates aren’t a high priority payment (unlike say- wages, vat payments which carry high interest rates) so if the business is struggling it’s easy to see how it’s got to this point.

I don’t really see what you’re bringing to this thread.

Because the council's are never wrong or male a mistake. And HMRC never get their tax codes wrong etc etc. Who else is always right and therefore I am lying. I have been passed round to different departments. Robbed off saying this person will contact you then and so on. And no record of payment yet we use their reference code etc. It does happen. It's shit. But it happens and yes maybe we should have been better but we are not perfect and did not set out to lie or steal or cheat. And yes I'm asking now because the balifs are coming now after all my communications with them

He ran the business; it was his responsibility. I'm sure we've all made expensive mistakes, but you you sort it out. This has obviously gone way past just sorting out the registration. You know the risks when you name yourself personally rather than the ltd company (If it is a Ltd company; he could be a sole trader with employees). But it's their responsibility to pay and they havnt. Many premises and business are exempt so those who do pay, need to pay through the nose. And they get put up every year; don't tell me that's nothing to do with the councils trying to recoup loses from non-payers.

It just doesn't make sense. They had payment plans but defaulted. Then they made random payments. Then they say they can afford to pay but no one will let them, but there's no money saved for a lump sum. And now she's asking for advice.... because the council have sent the bailiffs. Could have asked for help weeks ago.

Anyway. I have now found he might be able to apply for hardship relief. Business rates up to 12000 I belief are eligible for rates relief and ours is over that. However we can try to apply for hardship relief so I will do that tomorrow and speak to the balifs too

Sigh we have tried to sort it out. We were advised by an estate agent to get the rates 're evaluated by the VOA which takes time. And money. The council just aren't helpful. Yes we defaulted but we have paid where we can. Council has denied payments so yes something is wrong. We made sure staff were paid their wages. Bills paid e.g. electricity and water and the rent which where priority. Business rates are important but not as important. How do you know I haven't asked for advice before. I have name changed. Shall I give you a blow by blow account of everything we say and do so you can hear that apart too

Reading the hardship relief properly We don't qualify

Reading the hardship relief We don't qualify.

Iaim Here, have your shitty perspex "Business Owner of the Year" award, now piss off and take your smug little attitude with you.

I got in a mess with my council tax a few years ago & had Rossendales knocking on my door, I spent a couple of hours on the internet to find out what my rights were as I was terrified, I was a newly single parent, totally skint, when I had paid my rent, my utility bills & food for myself & DS I had £20 a week left, I didn't know where to turn. I learned from going on internet forums like the Martin Lewis money saving site that the bailiff will only come 3 times before returning the debt to the council, you will get charges for each time they attend, but when the debt is returned to the council you can then negotiate a payment plan that is manageable, I only paid £10 A month, the fact that I was paying something meant that they had to leave me alone. Get your other half to make a list of all incoming & outgoings, to show how much excess is left at the end of the month, list everything that he pays out, even silly things like cleaning materials & toilet rolls, tell the council how much is left over & how much he can afford to pay. Until Rossendales have been 3 times, keep your home locked & secure at all times, if you can get a cheap video doorbell you can see who is at the door, if they call don't answer, get nets or voiles up at your windows so that they can't see inside. If your other half has any MH or serious health problems, get proof from your doctor, these mean that they generally have to back off. Speak to CAB or debt advice line, they will be able to help you sort this out, check that the business rates have been correctly calculated as mistakes do happen.

I got into problems with my council tax (four weekly payroll and all direct debits monthly so would come due just before the pay, and so was constantly juggling and paying fines) and the council wouldn't make any effort to come to an arrangement and passed it to a firm of sheriff officers. They were far more sympathetic and helpful in making a payment plan. They also said that as long as payments were being made, no one would be at my door. Go and get advice tomorrow to see what rights you have and what they can demand.

Thank you. If we genuinely didn't want to fix it then I wouldn't be asking and replying to the posts. The council are not helpful at all. Our council are known for this. I don't know if it is their system or just have silly people working there. You can't just go to the office... they turn you away without an appointment and then avoid giving you an appointment. Always a huffy puffy staff member on the phone who's answer is to just pay it....which would be lovely wouldn't it.

So thank you to the above poster telling me the 3 visits thing. I will expect them to hand it back to the council soon and I will deal with the council again. I will find if there is some kind of ombudsman as I have proof that we have tried and pleaded for a payment plan that we can afford and they have straight out said no. Council's aren't all lovely I aim. And maybe my posts are a bit mumbled as I am trying to think of everything and write it down on my phone. So I apologise if I wasn't as clear as your bloody council obviously is

Thank you for the other posters for their advice

*He ran the business; it was his responsibility. I'm sure we've all made expensive mistakes, but you you sort it out. This has obviously gone way past just sorting out the registration. You know the risks when you name yourself personally rather than the ltd company (If it is a Ltd company; he could be a sole trader with employees). But it's their responsibility to pay and they havnt. Many premises and business are exempt so those who do pay, need to pay through the nose. And they get put up every year; don't tell me that's nothing to do with the councils trying to recoup loses from non-payers.

It just doesn't make sense. They had payment plans but defaulted. Then they made random payments. Then they say they can afford to pay but no one will let them, but there's no money saved for a lump sum. And now she's asking for advice.... because the council have sent the bailiffs. Could have asked for help weeks ago.* i agree

Op hope things work out for you

You asked up thread how long it takes for bailiff to return debt to council and will they let you know, probably varies from bailiff company to bailiff company, but a guess would be a few months, whether council let you know - I guess they still want there tax so possibly?

Iam is like a petulant jack russell with nothing to add to the thread but just wants to be annoying & center of attention

Thanks ivy

Tomanypaws dd have to be monthly but you can set up a 4 weekly payment plan and pay online, at post office, automatic phone service etc or you can set up a 4 weekly standing order st your bank to pay coinciding with payday & set the council tax 4 weekly for a date a few days later. You don’t only have to pay monthly by direct debit

Jeysus. I've never seen such a concerted one-person pile-on.

I can only conclude Iaim is a massive piss-head who will be sorely regretting their hectoring today.

I read a similar question before, I have no idea legally what they can do, but don't rely on them to tell you. Apparently it's common to threaten and intimidate, and there are a lot of tactics that are illegal. Call citizens advice, and find out how to deal with it. I would take anything special to another location, Incase they do get access. I suggest you only communicate through email, then there is a paper trail. I really think you should just call through the door that you will communicate by email and you will be in touch, don't go outside incase the push past. Offer weekly payments hopefully they will back off.

It's alright. I bet I have just got on her tits because she is perfect and I am not and maybe we did fick up a bit. But we kept people employed and paid everything else and trying to fix it. So if that makes me a twat then so be it. Anyway we will sort it as things will be busier now. This time of year is always busy for us so we will pay the payment plan whatever they will allow and hopefully a few extra payments when possible. Maybe Iaim is actually one of our customers and doesn't know it....The funny thing is some council members are actually customers too. Dh has spoken to them before and they agree the system is stupid. But they are different departments and nothing they can do. We are in retail as such but I'm not naming the actual nature of the business for obvious reasons

It doesn’t go back to the council it goes back to the issuing court
They will write to you to explain and you need to call them ASAP and set up an affordable payment plan
They will also remove the bailiff charges so it goes back the original debt
The process is a whole lot quicker if you cooperate with the bailiff and show them yoo genuinely can’t pay. Your DH saying he will try and sort something out and then avoinding them just makes it look like you don’t want to pay so they will continue to chase you because they think you are evading payment.

Also just to make you aware they don’t HAVE to send it back