Outstanding business rates

[visagephoto]

I've just had a call from a sheriff officer (working on behalf of the local council) regarding a shop I rented and vacated around nine years ago, As far as I'm aware everything was paid up to date when I vacated the premises, however the council are claiming I still owe outstanding business rates.

As this was nine years ago I no longer have any receipts or records to dispute their claim, is it normal or possible for the council to claim any money due after all this time?

 

[Gordon N]

Ouch!! Aren't Councils great - I would be surprised if my local council would even look at records that old, too busy making life hard for todays businesses!

Surely this should have shown up in one of their audits some years ago?

 

[Brian McIntosh]

Have to agree with Gordon. From a legal point of view, I don't know how far back they can claim money but surely from a purely accounting and auditing point of view, this should have been picked up long before now and smacks of incompetence on their part. Were they happy you had paid up to date when you vacated the premises?

 

[visagephoto]

I think that due to the current economic climate, the abolition of (Scottish) business rates & the council tax freeze, They're maybe going through the history books to see what they can claw back.

Were they happy you had paid up to date when you vacated the premises?

To be honest Brian, I can't remember, all I know is that I rented a shop, paid the bills, then gave the shop back. But this is the first I've heard from them regarding The matter.

I actually received a phone call from a guy who seemed (or pretended) to be drunk, saying he had a letter for me regarding the above and he would forward it on to me, then a week later I get a call from a lady claiming to be calling on behalf of a sheriff officer, saying they had already spoken to me but I had failed to call them back to discuss the matter.

 

[stugster]

Would a sheriff officer phone you about this kind of thing? I always hoped they would have the decency to put it in writing. At least they should understand the legal importance of having it posted rather than on the telephone.

 

[Scottish Business Owner]

I'm almost sure there is a seven year cut off although this may not apply to NDR.

My suggestion Alan would be to ask them to prove the debt and ultimately they have to do this. Like Stu suggests ask them to put everything in writing and tell them you're not willing to discuss things any more until you have all the information to hand.

I will do some more digging on this seven year cap to see what I can find out but in the meantime try and slow the entire process down and they actually may just go away as a result

 

[visagephoto]

Thanks Guys, She said they'll be sending out some paperwork (I think she actually mentioned forms?)

I've just been reminded that as a member of the FSB I could ring their legal helpline, I might do that when I receive the paperwork.

 

[Gordon N]

It certainly would be worth giving them a ring, after all you are paying for the service. It may even be worth speaking to them before your 'paperwork' arrives to see if they have come across any similar cases, and what happened etc.

 

[visagephoto]

I'm almost sure there is a seven year cut off although this may not apply to NDR.

It seems you are correct , I've been advised that the six (or seven?) year cut off doesn't apply to NDR, and probably any other debt owed to the authorities,

 

[Scottish Business Owner]

Hi Alan,

I had a suspicion that would be the case. It will be interesting to see just what paperwork they come up with. I dont think I could produce any paperwork from that long ago!

Hopefully it all works out ok