Getting into arrears with the Business Rates

If you are likely to fall behind with any payments it is vital that you contact us immediately to discuss the matter, otherwise recovery action as described below will commence.

If you do not pay a Business Rate instalment you will be sent a reminder notice giving you seven days to bring your payments up to date.

If the reminder notice is paid, but you still fall behind again, a final notice will be issued which removes the right to pay by instalments and the whole remaining balance for the year will be due in full within seven days.

If at any stage, payment is not made in accordance with the reminder, we may apply for a Liability Order from Totnes Magistrates' Court to secure our right to pursue the debt. This would be carried out by the issue of a summons, which would incur costs of £55.00 payable by you, and will require the full outstanding balance plus costs to be paid immediately. Only payment in full would prevent us requesting the Liability Order from the court.

If you agree that you owe the amount due and you do not wish to attend the court, then you should contact us to discuss arrangements for clearing the debt. We will still obtain the liability Order but no further action will be taken to enforce the debt unless you default on the payment arrangement.

If, however, you disagree with the amount shown on the summons you should contact us immediately to discuss the issue.  If you are still aggrieved you do have the right to attend the Magistrates' Court hearing to dispute the granting of the Liability Order.

After the summons is issued if payment is not made in full, or an arrangement agreed upon, the debt will be passed to the bailiff to collect as soon as the Liability Order is obtained.

Use of bailiffs

This course of action will burden you with additional fees, which can build up to a substantial amount if not dealt with promptly. Once the debt has been passed to the bailiff, you will need to contact them to make an arrangement not the Council.