Business Rates - Court action and what happens

Business rate payments payments should reach the council on the day that the instalment is due at the latest. This is normally the 1st of the month.

If it isn't collected in time, we have difficulty in paying the money to the government central pool to be divided between councils.

What happens if payment is overdue

We will send a reminder. If you get one, you must bring your account up to date within seven days.

If this is not done the whole amount due for the year becomes payable immediately within a further seven days. This means that you have lost the right to pay by instalments and further recovery action will be taken.

If you have received a reminder and are finding it difficult to pay the outstanding instalment(s) within seven days, get in touch. We may be able to spread your payments over a longer period, particularly if you agree to pay by Direct Debit.

What if I get a Cancellation Notice?

This means that despite a reminder notice your instalments are again in arrears and your right to pay by instalments has been cancelled.

We may still enter into a payment arrangment with you, however this will normally be subject to payment by Direct Debit and the council still applying for a summons and a Liability Order (please see below for more information).

You can contact us on the Business Rate Helpline on (01730) 234400.

What if I receive a summons?

If you have received a reminder but your Business Rate still remains unpaid, the council will take further recovery action to obtain the money due.

This is done through the Magistrates Court and you will be sent a summons which will tell you how much money you owe and when the hearing will be.

You will be charged costs for the issue of the summons.

If you receive a summons and have recently paid please contact the Business Rate helpline on (01730) 234401.

What if I can't afford it?

If you can't pay the amount in full please contact the Business Rate Helpline on (01730) 234401. It is unlikely that the summons will be withdrawn but the council can agree a payment plan with you.

What will happen in court

You can attend court on the date given on the summons and you can speak to the magistrates. Council officers will be at court if you want to discuss payment of the money you owe. You do not have to go into court if you don't want to.

At the court hearing the council will ask the magistrates to issue a Liability Order against you. This can be done even if you are not present.

Liability Order

The Liability Order gives the council legal powers to recover the money you owe. These powers are:

Bankruptcy / Insolvency
We can start these proceedings against you.

Distress - removal of goods to pay a debt
The council employs External Recovery Agents (bailiffs)

Bailiff Organisations:

ESA (Enforcement Services Association) formerly the Certificated Bailiff Association - Park House -10 Park Street - Bristol BS1 5HX  www.ensas.org.uk
ACEA (Association of Civil Enforcement Agencies) Chesham House - 150 Regent Street - London W1R 5SA www.acea.org.uk

Committal to Prison - after Distress

In some circumstances, you can be sent to prison for not paying your Business Rates.