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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been issued with a magistrates court liability order

Resolved Question:

I have been issued with a magistrate's court liability order for outstanding business rates.
This has been passed on to the bailiffs for collection and they have issued an enforcement notice. The council are not willing to accept a payment programme. A have contacted the bailiff by the due date offering to enter into a payment arrangement and I have had contact with this bailiff in the past and he said on the telephone that he was willing to come to some arrangement so I have agreed to meet him in a local pub. As he is aware, technically, I do not own the equipment and contents of my business as I signed them over to a friend/ acquaintance as a charge for a loan and have a formal agreement. I am also in an IVA and am struggling to meet the payments. I intend to repay the debt but do not wish to pay excessive bailiff charges as they often pretend that they have a van and man waiting around the corner or order one when necessary to charge for.
As bailiffs cannot collect their outstanding charges by removal of goods and they will keep the initial payments as their own as charges instead of the council, can I bank transfer payments to the council bypassing the bailiff. I am treating the public so the bailiff can forcefully follow one of the public in in order to make a nuisance of himself. Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Can't you pay by card or any other means?

Alex Watts :

Have or can you clear the principal arrears?

Customer:

The issue is that I am unable to pay the £10,800 but possibly can over 6 months of installments by bank transfer but nothing for about 10 days.

Alex Watts :

Yes you can pay the Council direct, I am sure they wont object to payments direct.

Alex Watts :

Usually you can do this online or via bank transfer, so yes you can pay this.

Alex Watts :

Then you will have the bailiff charges.

Alex Watts :

You can contest this in Court by asking a Judge to assess the bailiff charges.

Alex Watts :

This is called detailed assessment. However if you go down this route and a Judge thinks the charges are fair you are liable for those additional assessment costs of the bailif

Alex Watts :

But yes you can pay the Council direct

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for the time being.

Alex Watts :

Great. If this answers the question might I invite you to rate my answer and good luck for your business

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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