Enforcement officers for business improvement district debt

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anotherdayinparadise
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#1 Enforcement officers for business improvement district debt

Post by anotherdayinparadise » 09 Aug 2016 17:53

My friend received a hand delivered letter in relation to unpaid 'Business Improvement District' levies.

I can't even find out if they are a legal obligation (a majority vote renders all businesses within a participating local authority liable under the scheme, but where's the contract/obligation?)

She has objected to the council over this in previous years and are met with the usual officious brick walls.

She isn't sure how best to proceed, in light of an imminent visit and their powers on her business premises. The notices were dated yesterday but were hand-delivered this morning.

The stock doesn't belong to her, it belongs to me, so worse case scenario, wouldnt a stat dec stop this

My neighbour also received one and is very upset and desperately trying to raise the funds to stop the confrontation

All help appreciated

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Schedule 12
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#2 Re: Enforcement officers for business improvement district debt

Post by Schedule 12 » 09 Aug 2016 18:47

Can you post up the hand delivered letter, with your personal details hidden.
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anotherdayinparadise
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#3 Re: Enforcement officers for business improvement district debt

Post by anotherdayinparadise » 09 Aug 2016 18:55

Thanks Jason
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Schedule 12
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#4 Re: Enforcement officers for business improvement district debt

Post by Schedule 12 » 09 Aug 2016 19:03

That is not a prescribed Schedule 12 notice.

It looks like Rossendales are trying to collect a debt that has not been pronounced by a liability order.

Ask the bailiff to show it to you. He is required to show it on demand. No liability order or evidence the money is owed, then no money is owed.

Under Schedule 12 you must be given a Notice under Paragraph 7(1), and it looks like this: http://www.legislation.gov.uk/uksi/2014 ... edule/made

No Notice given, then no enforcement, and no enforcement fees are owed.

Contact the council, and ask what exactly is going on. It looks like Rosendales are trying to swing something, but I am at a loss as to what.
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anotherdayinparadise
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#5 Re: Enforcement officers for business improvement district debt

Post by anotherdayinparadise » 09 Aug 2016 19:16

Thank you, I will pass this on to her.

I didnt think liability orders existed as bits of paper hence why they cant show them or is that BS.

Also if i got her to stat dec and had it ready to pull out for when they try their intimidation BS in her little shop would this suffice


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Schedule 12
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#7 Re: Enforcement officers for business improvement district debt

Post by Schedule 12 » 09 Aug 2016 20:46

If the bailiff returns,. Make the bailiff produce: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html
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anotherdayinparadise
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#8 Re: Enforcement officers for business improvement district debt

Post by anotherdayinparadise » 19 Aug 2016 23:35

The problem is she has a small shop and has heard that because the shops open they can just walk in and start seizing goods etc, obviously not the same sketch as at home when you can choose to answer the door or not.

Also if she was to have a stat dec at the ready declaring that the goods in the shop are not hers or not paid for by her would that suffice or would the onus be on her to prove it.

Would a stat dec stop them dead in their tracks?

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#9 Re: Enforcement officers for business improvement district debt

Post by Schedule 12 » 20 Aug 2016 09:21

Yes, it would.

If the bailiff interfered with the goods, then he would be liable for everything.
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anotherdayinparadise
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#10 Re: Enforcement officers for business improvement district debt

Post by anotherdayinparadise » 20 Aug 2016 14:22

Thanks Jason

Sorry for all the questions but its important that she is armed with the correct info as i dont want to be responsible for passing on information to her that i have misconstrued etc etc

Does she need to prove they belong to me or A N Another by way of receipts, invoices etc as these cant be produced

I was thinking a stat dec would not require any additional supporting info


Thanks

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#11 Re: Enforcement officers for business improvement district debt

Post by Schedule 12 » 20 Aug 2016 14:24

An affidavit by the owner of the goods does it.
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