Non Payment of Business Rates

Are You Having Difficulty Paying?

The following information has been produced to try and help Business Rates payers understand the process by which arrears will be recovered and to offer practical advice on what to do at each stage of the recovery process.

The information is useful for any ratepayer who is experiencing difficulty paying whether they have already been contacted by the Council or not. Taking action early to resolve payment problems is always the best option. Please contact us as a matter of urgency if you need further advice or wish to discuss alternative payment arrangements.

The Income and Expenditure form can be used at any stage although you are not legally required to supply this information.

I've Received a Reminder, What Happens Now?

Payment of Business Rates is a legally enforceable debt and the Council has numerous powers to recover any amounts that are not paid. You have previously been issued with a Business Rates bill which detailed the amount to be paid and the dates on which payment was due. You have been sent a reminder because insufficient payments have been received on your Business Rates account.

The reminder notice details the amount by which your account is in arrears. In order to avoid any further proceedings this amount should be paid in full within 7 days of the date of the reminder notice. It is important to ensure that all future payments are made on time to avoid further reminder notices being issued to you. Opting to pay by direct debit is the most convenient method of payment and offers the flexibility of 4 payment dates over either a 10 or 12 month payment period. Should you wish to take advantage of this method of payment please contact a member of staff on the above telephone number ensuring you have your bank account number and sort code available.

If you are unable to pay the amount in full as requested on the reminder notice please contact my department immediately in order to discuss your account further. All reasonable payment proposals will be considered.

If you do not make full payment of the overdue amount within 7 days of the date of issue of the reminder notice , or contact my department to discuss alternative arrangements, you will lose the right to pay the remainder of the balance on your account by monthly instalments. This means that the total balance shown on your reminder notice is due within a further 7 days. If the balance is not paid in full as requested a Magistrates Court Summons will be issued.  

I've Received a Magistrates Court Summons, What Happens Now?

The Magistrates Court Summons which has been sent to you details the balance on your account including the Court fees that have been incurred. The notice also details the date on which the Council will apply to the Magistrates Court for a Liability Order. To stop this court action you should pay the amount shown on your Summons in full, including the costs, before the court date.

If you can`t pay the full amount before the court date, please get in touch with us straight away. We may be able to agree a special arrangement with you to spread your payments. This will not stop the court action and will include further costs. As the matter is dealt with by the Magistrates Court however, no Count Court Judgements will be made and your credit rating will not change as a result of this action.

You have the choice of whether to attend the Liability Order hearing or not. The hearing will go ahead in your absence unless you have already paid your account in full. If you choose to attend the hearing the Magistrate will ask if you have a valid defence which will stop a Liability Order being granted. The defences that the Magistrates will take into account before deciding to grant a Liability Order are shown below:

• You have paid your Business Rates account and costs in full

• You cannot be held responsible for the premises

• You stopped being responsible for the premises during the period for which you have been charged

• Bankruptcy / Liquidation proceedings have begun

• The rate has been charged illegally

• Although you occupy only part of the premises in one assessment, you are being charged for the whole property 

• The application for the Liability Order was made more than 6 years after the first demand notice was issued

If you feel any of the above defences applies to you please contact my department immediately in order that your account can be discussed in detail. Any necessary changes will be made as a result of the information you supply.

The Magistrate cannot consider issues such as outstanding Valuation appeals or that you cannot afford to pay as valid defences. If you do not have a valid defence the Magistrate will issue a Liability Order which allows the Council to take further action if you still fail to pay your Business Rates. 

A Liability Order has been issued against me, What Happens Now?

If you make an arrangement with us to pay the amount you owe and you pay as agreed, no further action will be taken against you. If however you fail to pay the account in full, make alternative arrangements or fail to pay in line with an agreed arrangement, further action will be taken. We can;

• Refer your account to bailiffs who will visit your premises in order to remove your goods to cover the amount you owe

• Apply for your bankruptcy / liquidation

• Apply for you to be sent to prison

If the above action is necessary additional costs will be added to your account. In order to avoid this please contact us immediately to discuss payment terms.

How can I make a special arrangement to avoid further action?

Alternative payment arrangements can be discussed at any time. You do not have to wait until you are issued with a reminder notice or Magistrates Court Summons. If you are experiencing problems paying your Business Rates account please contact us immediately. All reasonable proposals will be considered, although we may need additional information regarding your financial situation before any arrangement is considered. You are not legally obliged to provide this information but it will assist in calculating how much you can afford to pay.

Arrangements can be discussed with a member of staff on 01302 734454, option 2 or by completing the Income and Expenditure form attached to this page and returning it to my office. If your proposals are not satisfactory a member of staff will contact you in order to discuss the situation further.

How do I pay?

Direct debit is the easiest way to pay your Business Rates account. You can choose from one of 4 payment dates. We will always give you 14 days notice of a new payment plan and will only take payments on the date agreed. If this happens to fall on a weekend or bank holiday, payments will be taken on the next available working day. The direct debit guarantee ensures that if either Doncaster Council or your bank makes an error, you are guaranteed a full and immediate refund from your branch of the amount paid. You can cancel a direct debit at any time by contacting your bank.

If you would like to make a personal visit to make your payment, staff will be happy to help in any of the following cash offices:

• Colonnades House,Duke Street, Doncaster:  open 8:45am - 4:00pm (Monday - Friday)

• The Town Hall, Adwick-le-Street:  open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Council Offices, Cooke Street, Bentley:  open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Council Offices, 62 Church Street, Conisbrough:   open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Council Offices, Main Street, Mexborough:   open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Council Offices, The Bridge Centre, Bridge Street, Thorne:   open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Stainforth Housing Office, Emmerson Avenue, Stainforth:  open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

• The Council Offices, McConnell Crescent, Rossington:  open 8:45am -4:00pm (Monday, Tuesday, Thursday & Friday) and 8:45am - 3:00pm on Wednesdays

You can also make payments by Debit card 24 hours a day, 7 days a week through our secure, automated telephone payment service on 0845 1305910. Please ensure you have your Business Rates account number and debit card details before using this service.

Internet payments can be made through our secure community web site at www.doncaster.gov.uk. Simply look for Doncaster Council on line Payments and follow the instructions.

Alternatively you can send cheques or postal orders through the post. Please do not send cash through the post. Make your cheques payable to Doncaster MBC and put your Business Rates account number on the back of the cheque. Send your payment to The Chief Financial Officer, PO Box 443, Doncaster, DN3 1GG.

Payments can also be made at a bank or post office, although you may be charged a fee for using this service. At the post office please quote giro account number 6069425 in addition to your Business Rates account number.