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Recovery
This information is provided merely to assist NNDR (sometimes called Business Rates) payers to understand the full process of recovery, which is governed by legislation. Some or all of this process will only apply to those who do not pay their NNDR on time.
The Law Says.....
NNDR or Business Rates becomes due on the 1st April each year, however, under normal circumstances, the law allows payment to be spread over 10 months from April to January; the number of months allowed reducing as the year progresses. You are only entitled to be sent one reminder for NNDR before losing your right to pay by instalments.
This is how it works....
1. On the first occasion that you fail to pay an instalment by the due date, (this is the date specified on your bill), a reminder will be sent to you. If you pay the amount requested promptly at this stage and remain up-to-date with payments, then you maintain your right to instalments.
If, however, having received a reminder you fail to pay the amount requested by the due date, a summons will be issued. The effect of a summons will be to immediately increase your debt, because court costs will be incurred, and you will lose the right to pay by instalments for the rest of the year, which means the whole of the Rates demand, which remains outstanding, becomes payable immediately.
2. If you have had one reminder and paid it promptly, but then fail to pay by the due date on the second occasion, you will be sent a final reminder. This means you have now lost the right to pay by instalments for the remainder of the year, even if you brought your account up-to date on the previous occasion, and the whole amount outstanding for the year must be paid in full within 7 days.
If you fail to pay the full amount, a summons will automatically be issued and court costs will be added to your account. The full amount of the outstanding balance on your account and any court costs are then due and payable immediately.
- Please pay on time to avoid any problems or additional costs.
- Switch to paying by Direct Debit and reminders can be a thing of the past!
HELP US TO HELP YOU!
If you are experiencing financial difficulties, please talk to us on 01246 242560 or any of the staff at your nearest Contact Centre as soon as possible. They may be able to help you. Do not wait until you are behind with your payments before seeking advice.
What to do now you have received a Non-Domestic Rates summons
Our records show that you were sent a NNDR bill requiring instalment payment on specified dates. You were then sent a reminder informing you that one or more instalments were overdue. The reminder warned you that you would lose your right to pay by instalments if a payment was not made within 7 days.
As you have not paid, this right has now been withdrawn and the summons is for the full amount outstanding for the year including costs incurred to date which are now added to the sum due.
What if I paid recently?
If you have paid the full amount for the year please contact the Recovery Section to ensure that your payment has been correctly credited to your account.
If you have already paid all outstanding instalments shortly before receiving the summons, or if the summons is incorrect in any way, you should contact the Recovery Section immediately to discuss your case. If the summons is subsequently withdrawn by the Council, please help us by ensuring your future instalments are paid by the due date.
The best way to ensure that your instalments reach us on time is to pay by Direct Debit. If you have a bank account you can take advantage of this easy option; a direct debit can be set up over the telephone.
Please contact us on 01246 242560
What will happen next?
If the court decides that NNDR has been set correctly and all documents issued in accordance with legislation, and that you have not paid the full amount outstanding, it will grant the Council a “liability order”. This order will give the Council power to obtain payment by removal of goods.
Please contact us on 01246 242560
How can I stop this process?
Once the summons is correctly issued, the proceedings can be stopped only by making payment in full. This payment must be received by the Council before the date of the court hearing. Post dated cheques will not be accepted. It is important that your case is easily identified as one to be stopped. To enable us to do this, please write your account reference and summons number on the reverse of your cheque. If paying by cash, please enclose a note showing your account reference and summons number. Payments will not be accepted at the court.
Please contact uson 01246 242560
What if I am unable to pay immediately?
If you are unable to pay the full amount immediately. Please contact us on 01246 242560.
Should I attend the Court?
It is your right to attend the court hearing to present your case if you feel that you are not liable for the amount shown on the summons. However, the only legal reasons why a liability order will not be granted are that the amount has not been legally demanded or that it has been paid. It is easier, quicker and cheaper to sort out all matters before the hearing by contacting the Recovery Section.
When you attend Court?
When you attend court, the court staff will be available to direct you to the court room where the application will be heard.
While every effort will be made to ensure the application will be dealt with on the date specified in the summons sent to you, in the event that there is insufficient court time for it to be heard on that day, you will then be given details of the date and time you are next required to attend court.
A Liability Order will be obtained at Court to enable the Council to take further action. For example: Baliffs.
Last Updated on Wednesday, 13 October 2010 14:33
