Bristow and Sutor Business Rates

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Virgo
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Joined: 19 Apr 2017 19:47

#1 Bristow and Sutor Business Rates

Post by Virgo » 19 Apr 2017 20:23

I'm desperately in need of sound advice, I wish I'd found this forum earlier

So I've received this notice of enforcement from The named to make a payment by 7/04/17 at 23:59, it was dated 30/03/17 if that makes a difference. I've contacted them and informed that I couldn't afford payments and am just saving to file for bankruptcy next month, as the only reason I haven't done so is because I can't afford it. I was told by the lady on the phone that this debt couldn't be included in the bankruptcy order as it had been to court (it says liability order in respect of non domestic rates) and even if not is a different year bla, bla, bla. She told me to check with the insolvency advisers and they would confirm. I insisted that I couldn't enter into any agreement as I couldn't afford to pay for it, and she tried to get me to agree to pay £200 a month for 6 months to which I said I would get some advise as I couldn't afford it. She told me that an enforcement officer would be visiting the week after to value my belongs to which I told her that I had nothing of value and she insisted that it would be up to the enforcement officer to decide. This was on Friday the 7th.

I've received another letter dated 11/04/17 received Saturday 15/04/17 NOTICE PRIOR TO ENFORCEMENT VISIT asking me to pay the sum of £1236 within 7 days or contact their offices considering it's been bank holidays I only had tuesday to contact them before 7 days are due.

After getting advice from numerous debt charities I've been told that this debt can be included in the bankruptcy and they were just intimidating me to get the money as they know they won't be getting anything. They told me they can't force entry and to keep doors closed and car far away. not to even open door as I can speak to them without it.I'm really confused with regard to what they can and can't do, as it's all over the place online and from the email I've received from citizens advice "Can use force to get into the home if necessary. Notice must be given that this will happen, called a notice of intention to re-enter."

I'm away from 7.30am - 7pm, can they really not force entry, plus I've informed the people at home to be extra vigilant, but can they come in even though I'm not here.

I have a parking permit, my car can be parked anywhere within a half mile radious if not more, how will they know it's my car or if I own one even?

Can I enter into an agreement with them just to delay the visit, the file for bankruptcy?

apologies for the long query just need advice from people who had similar experiences.

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Schedule 12
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#2 Re: Bristow and Sutor Business Rates

Post by Schedule 12 » 19 Apr 2017 20:58

Virgo wrote:
19 Apr 2017 20:23
I'm desperately in need of sound advice, I wish I'd found this forum earlier

So I've received this notice of enforcement from The named to make a payment by 7/04/17 at 23:59, it was dated 30/03/17 if that makes a difference. I've contacted them and informed that I couldn't afford payments and am just saving to file for bankruptcy next month, as the only reason I haven't done so is because I can't afford it.
Make sure the biz rates are included on the form listing all debts to be bankrupted.


but...
I was told by the lady on the phone that this debt couldn't be included in the bankruptcy order as it had been to court (it says liability order in respect of non domestic rates)
I am not sold on that. Once a debt is listed for bankruptcy then creditors join the queue. They cannot jump the queue by taking an enforcement step.

All goods owned by the debtor become the property of the trustee in bankruptcy. A bailiff being instructed would only bind any goods that still belong to the debtor on the date the bailiff was instructed.



and even if not is a different year bla, bla, bla. She told me to check with the insolvency advisers and they would confirm. I insisted that I couldn't enter into any agreement as I couldn't afford to pay for it,
You cannot enter into an agreement with goods listed that now belong to the bankruptcy trustee.



and she tried to get me to agree to pay £200 a month for 6 months to which I said I would get some advise as I couldn't afford it. She told me that an enforcement officer would be visiting the week after to value my belongs to which I told her that I had nothing of value and she insisted that it would be up to the enforcement officer to decide. This was on Friday the 7th.

I've received another letter dated 11/04/17 received Saturday 15/04/17 NOTICE PRIOR TO ENFORCEMENT VISIT asking me to pay the sum of £1236 within 7 days or contact their offices considering it's been bank holidays I only had tuesday to contact them before 7 days are due.

It looks like the bailiff is chasing ghosts. You don't have the money, and it appears you have no assets. Bailiffs cannot recover anything using the Schedule 12 enforcement procedures.





After getting advice from numerous debt charities I've been told that this debt can be included in the bankruptcy and they were just intimidating me to get the money as they know they won't be getting anything. They told me they can't force entry
They CAN force entry to a COMMERCIAL PREMISES. The cannot force entry to a private house.


and to keep doors closed and car far away.
That will belong to the bankruptcy practitioner. If its low value car. They will let you keep it. Its nor worth the expense in liquidating it.



not to even open door as I can speak to them without it.I'm really confused with regard to what they can and can't do, as it's all over the place online and from the email I've received from citizens advice "Can use force to get into the home if necessary.

Citizens Advice follows government agenda rather than Parliamentary made law.

Legally there is no provision for bailiffs to break entry to private homes for unpaid business rates.

They can only break entry to commercial premises for unpaid biz rates.





Notice must be given that this will happen, called a notice of intention to re-enter."
That is not quite right. Schedule 12 paragraph 7(1) states the debtor must be given a Notice of Enforcement. That is a prescribed document, and looks like this: http://www.legislation.gov.uk/uksi/2014 ... edule/made




I'm away from 7.30am - 7pm, can they really not force entry, plus I've informed the people at home to be extra vigilant, but can they come in even though I'm not here.
The bailiff will pester the occupants. They cannot do much if you are not there.




I have a parking permit, my car can be parked anywhere within a half mile radious if not more, how will they know it's my car or if I own one even?
Its only parking ticket bailiffs that know about car registrations, but only the one that committed the traffic offence. You don't need to park it miles away. Just parek it on someone elses private property, and the bailiff cannot touch it even if he knows about it.




Can I enter into an agreement with them just to delay the visit, the file for bankruptcy?

Yes.

But the bailiff might claim the goods are now controlled goods and no longer available for liqidation by the bankruptcy practitioner.




apologies for the long query just need advice from people who had similar experiences.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Virgo
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Joined: 19 Apr 2017 19:47

#3 Re: Bristow and Sutor Business Rates

Post by Virgo » 19 Apr 2017 22:53

Thanks for your reply I'm at slight ease now but still many sleepless nights to come before filling the bankruptcy, just a few things...


The business rates are included in the debts, with regards to entering into an agreement I meant as in, agree to a monthly payment starting from May as it's when I'll be filling for bankruptcy just to delay their visit, also I'm waiting for an income tax refund which I'm sure will be claimed by the OR if calculated after the bankruptcy.

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#4 Re: Bristow and Sutor Business Rates

Post by Schedule 12 » 19 Apr 2017 23:01

I'm not a bankruptcy expert. I can only say your goods become bound when the enforcement agent is instructed. They cannot be disposed of. That might not be a problem for you if you have no goods of value. Most house contents are not tangible. Bailiffs moving furniture around is a Victorian standard when chattels had value. Today they do not. Not even a 50in flat TV. Bailiffs always target vehicles.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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