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Debt and Recovery

The Non Domestic account you receive is payable by 10 instalments in accordance with the statutory regulations (fewer instalments as the year progresses).

 

You may opt to pay by Direct Debit for convenience. The delivery of vital local services relies on payment of the Non Domestic Rates [NDR].

 

The NDR section will always try to make a payment plan with you, but will not agree to payments which leave you falling further behind into even more arrears.

 

You must pay the instalments shown on your bill even if you have a question about the charge, Rateable Value or Reliefs/Exemptions. If you have a question you should contact the ND R section immediately, but until it is answered and a revised bill is sent, you must pay as originally billed. If a later amendment results in an overpayment it will be returned to you.

 

Debt Advice

You may contact the following organisations who could give debt advice.

 

 Money advice service

Money Advice Service

Helps people resolve their legal, money and other problems

Money Advice Leaflet

 

Money Advice Service debt management helpline

Tel: 0300 500 5000

Money Advice Service

  

Citizens Advice Bureau

Citizens Advice Bureau (CAB) 

Helps people resolve their legal, money and other problems

 

119 Broad Street Barry

Tel: 0845 120 3756

Citizens Advice

   
 

Business Debt Line

A advice charity is entirely free to assist with Business Debt

Debtline is part of a charity called the Money Advice Trust.

 

Tel: 0800 197 6026

Business Debt Line

 

 

 

Step Change

Free, confidential advice and support to anyone who is worried about debt

 

Free phone: 0800 138 1111

Step Change Debt Charity

 

   
Money advice trust

Money Advice Trust (Stop the Knock)

Free, independent money advice to people with debt problems

 

Tel: 020 7489 7796

Money Advice Trust

Email: info@moneyadvicetrust.org

   
Housing debt

Housing Debt Helpline Wales (Step Change)

Support for people who have difficulty meeting their mortgage or rental payments

 

Tel: 0800 107 1340

Housing Debt Helpline Wales

   
Wales co-op Credit Unions

Help in Wales to start businesses or projects which value people and the environment as much as profit.

 

Tel: 0808 129 4050

Credit Unions Wales

   
Shelter Cymru

Shelter Cymru

Wales’ people and homes charity, working for people in housing need.

 

PO Box 5002, Cardiff

Tel: 0345 075 5005

Shelter Cymru

   
Debt support trust

Debt Support Trust

Debt Support Trust is a not for profit debt charity (SC041902) with trained, friendly debt advisors ready to advise you on your available debt solutions.

 

Tel: 0800 085 0226

Debt Support Trust

   

 

What happens if I don't pay?

Failure to pay instalments

  • If you are making regular payments, but are paying later than the dates shown, or if you miss an instalment you may receive a reminder giving you 7 days to bring your payments up to date
  • If you do not pay within the set time of that notice your right to pay by installments will be cancelled requiring you to pay the outstanding balance in full within a further 7 days
  • If the balance is not paid, we may issue a Magistrates Court Summons plus costs

Court Summons and Court Hearing

  • A summons may be issued if you have not made payment in accordance with the instalments shown on your NDR account, and you have not complied with the reminders, which have been issued.
  • After the date the summons is sent then unless payment is made in full (including the summons costs) an application will be made for a Liability Order plus further costs and will be done in your absence if you fail to attend.
  • Once a summons has been sent, special arrangements will only be made at our discretion once a Liability Order has been granted.
  • If you are having difficulty paying and cannot pay the full amount on the Summons plus the costs you should contact the NDR Section as further arrangements, including payment by direct debit, may be made.
  • If payment is made by cheque it should be received by the Council at least 7 working days before the date of the Court Hearing otherwise it is unlikely to prevent the Council from applying for a Liability Order plus costs.
  • List Item 5It is your right to appear in court and tell the Magistrates why you feel you should not pay the NDR, however the Magistrates will not be able to consider your ability to pay.  If you are going to attend the hearing, please advise the Council before the hearing and you may also wish to seek legal advice.
  • If you dispute either the liability or the amount of the summons, you should immediately contact the Council's NDR Section; however your attendance will still be required, unless your dispute is resolved to your satisfaction beforehand.
  • Even if you decide not to attend court, you should speak to us, or if you prefer your local Citizens Advice Bureau. We will try to come to a reasonable arrangement with you for payment, but we cannot do that unless you make contact. Arrangements may be made, however the liability order and costs will still be requested at the scheduled Court Hearing.

After Court

If a Liability Order is granted by the Magistrates and you have not paid in full or made an arrangement the Council may send you a 7 day letter requesting you pay in full or contact the NDR Section.

 

A liability order enables the Council to recover as follows:

Taking Control of Goods

  • Enforcement Agents employed by the Council work to an agreed "Code of Practice" and can discuss your financial circumstances with you and can either request payment or enter an arrangement after Taking Control of Goods. The arrangement will include the Council's and the EA's costs. If you contact them on receipt of their letter to make an arrangement they may need to visit your home in order to secure the debt first.
  • If you have been visited before and have not kept to an arrangement, they will add further costs and may not enter into another arrangement with you.
  • The Enforcement Agent will ask to enter your property to list your goods - this is known as Taking Control of Goods. If you fail the arrangement the Enforcement Agent could return later to remove and sell your goods and further costs will be incurred for the removal of the goods, auctioneer's fees and the cost of storage.
  • If you are unable to pay in full the Enforcement Agent has 3 options - A walking possession agreement where your goods will not be removed if you keep to the arrangements agreed with the Enforcement Agent; Close possession, by staying on the premises until payment is made or the goods are removed for sale; Removal of the goods immediately for their sale.
  • If you fail to make contact, or if you have insufficient goods which can be removed, the Enforcement Agent will return the Liability Order to the Council for further enforcement action.

   

 

Taking Control of Goods Costs

The Taking Control of Goods (Fees) Regulations 2014 - Enforcement Fees Regulation 4 Table 1          

 

Taking Control of Goods
 Fee Stage Fixed Fee % fee for sum exceeding £1,500
 Compliance Stage  £75.00   0%
 Enforcement Stage   £235.00  7.5%
 Sale or Disposal Stage   £110.00  7.5%

Insolvency

  • If you owe more than £750 you may be served with a Statutory Demand.
  • Unless the balance due is paid immediately, the Council will continue to petition for your Bankruptcy, which will involve considerable costs. If you are made Bankrupt, the Official Receiver or a trustee appointed to act on their behalf will seek to realise any assets that you may have, to be sold, to pay off the outstanding debts which may involve substantial further costs and could result in the loss of your property or any other assets you may own.

 

Committal to Prison

  • If you have still not paid and taking control of goods proves unsuccessful then a committal summons may be issued for a Means Enquiry examination into your conduct and means at the Magistrates Court and you must attend otherwise an arrest warrant may be issued by the Magistrates.
  • If you are found to have been liable as a result of wilful refusal or culpable neglect, the Magistrates may issue a warrant of commitment for a period of up to 3 months in prison and involve additional costs. The court also has power to remit all or part of the debt.
  • If you are sentenced to a postponed term of imprisonment and fail to pay the amount decided by the magistrates you may be sent to prison without a further appearance.

 

Contact

If you are having difficulty in paying your NNDR, get in touch with the NDR Section immediately

 

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