Wrong details on liability order business rates

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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warrenb51
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Joined: 31 Jan 2018 02:25

#1 Wrong details on liability order business rates

Post by warrenb51 » 31 Jan 2018 02:42

Hi all after advice, i was self employed trading as up 5th april 2017, i pass the business to a family member who set up a limited company. the issue is the council issued a liability order june 17 under me trading as, a bailiff from rossendales visited july, he was shown new lease in LTD company name and letter from accountant stating i had ceased trading as, He passed it back to council, this week a bailiff from Rundles came and eve tho he was shown the LTD company certificate he said as the liability order had me trading as that company the liability order stands i spoke to accountant who stated that a LTD company even those is same name as i am not a director nor a shareholder its nothing to do with me, the bailif still entered the premises and took control of goods, police where called but they just said bailiff has warrant to remove even tho the liability order was in my name,this week`s visit was not expected as i had no notice of visit or compliance stage, the council were made aware in may last year that i was no longer trading as the company but they just said they not prepared to change the liability order. if accountant is correct then i am under the impression that the warrant is null and void as served with incorrect details, any advice please or details of a solicitor that will take this on, its not paying the money its the principle that the council had copies of the new lease etc but continued to persue me but never sent any communication to my home address just to the business address.

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Schedule 12
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#2 Re: Wrong details on liability order business rates

Post by Schedule 12 » 31 Jan 2018 10:55

The warrant isn't a nullity as such, it cannot be executed because the debtor no longer trades at the enforcement address.

If the bailiff has taken control of goods of the new Ltd company, then the director should make what is called an "interpleader claim". This article explains how to go about an interpleader claim. http://www.dealingwithbailiffs.co.uk/interpleader.htm

If the bailiff has taken money from the Ltd company, then the director can recover it along with his statutory expenses by starting a claim in a county court. The first step is a "letter before action". This article gives the procedure: http://www.dealingwithbailiffs.co.uk/Co ... edure.html The action it brought against the council. The council can remedy it with the bailiff company later.

If the claim is under £10,000 then you don't need a solicitor.

I offer a helpline if you would like to discuss further: http://www.dealingwithbailiffs.co.uk/fo ... ?id=16812l
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

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warrenb51
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Joined: 31 Jan 2018 02:25

#3 Re: Wrong details on liability order business rates

Post by warrenb51 » 31 Jan 2018 22:13

Thank you for your advice, is there a case against the police for telling her that after talking to the bailiffs the police say the bailiff has explained his rights under civil law and told us to move out the way whilst the bailiff did his job,

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Schedule 12
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#4 Re: Wrong details on liability order business rates

Post by Schedule 12 » 01 Feb 2018 09:56

Without looking at the details and witness statements by the police officers, I can only say that police may not assist bailiffs executing a writ of control, but they may assist bailiff executing a writ of possession.

If a police officer assists a bailiff to cause you any loss not sanctioned by the court order, then you make a joint claim against the police force and the bailiff company.
I'm not a solicitor, but I work as a paralegal for solicitors bringing cases involving non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

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