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Methods of Recovery

Bailiff Visit

We may decide to send a bailiff to your business. The bailiff will either accept payment in full from you, make a payment arrangement or value the goods in your premises. If he believes that your goods could be sold at auction to pay of the debt in full, he may decide to levy distress. Usually, goods sold at auction will not realise the amount of money you may have paid for them. There will be additional costs involved with this process including the auctioneer’s fees.

 

If the bailiff decides that your belongings are insufficient to pay off your debt when sold, he will serve a notice on you informing you of this.

 

If the bailiff calls and you are not at home or at your business address, he will leave a letter with the contact details. You should either pay your bill in full including the costs or contact the bailiff to discuss a payment arrangement. Each time a bailiff visits you, it will incur more costs.

Bankruptcy

If you owe more than £750 and a bailiff has previously visited your business it is now likely that you will be served with a Statutory Demand. This document should not be ignored, as it will lead to a bankruptcy petition and considerable costs. Your assets are at immediate risk if this happens.

 

To avoid bankruptcy you should contact the Recovery Service on (01233 331111). Please note that a bailiff does not need to attend your property before this action can be taken.

 

Please see The Insolvency Service website for more information.

Charging Order

If you own your home, we may decide to place a charging order on your property. The charging order means that we will receive the money owed to it from the sale of your home. In certain circumstances a forced sale of the property will be appropriate in order that the debt is satisfied.

Committal To Prison

We will try to recover the outstanding debt by any of the means available to us but if we do not do so, we may decide to summons you to the Magistrates Court for a second time.

 

This time, we will ask the Magistrates to commit you to prison for non-payment. The magistrates will decide if you have deliberately refused to pay or been neglectful in not paying and may send you to prison for up to 3 months.

 

If you do not appear at the Magistrates Court for this hearing we will obtain a warrant for your arrest. The cost of this will be added to your account.

 

Please Remember

 

If you receive any notice from the Borough Council regarding the non-payment of your Business Rates, please do not ignore it as doing this may mean that further action will be taken with additional costs being incurred.

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This webpage was updated on 3/31/2008

 

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Ashford Borough Council, Civic Centre
Tannery Lane, Ashford TN23 1PL
Telephone: 01233 331111
Email: customer.care@ashford.gov.uk or view our contact us page.

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