Occupying a commercial premises comes with all sorts of challenges, but what can you expect from a council wind up petition for owed business rates, and is it possible to stop the process.
The council leading the petition would have instructed its appointed solicitors to wind up the company, but they can only do this via a court order.
Let us assume that you owe the business rates but you do not believe the company should be wound up, as a payment arrangement would be a more appropriate solution, how can you stop the court process.
The councils appointed solicitors could offer to close to the petition, but you have to pay the solicitors costs, normally around £1500-£2500 for them to close the case.
An alternative resolution is to not pay the councils solicitors fees and instead file an application to the court to adjourn or to dismiss the case. To file one of these applications costs around £100 paid directly to the court. You do not need a solititor to complete the application, as you can complete the application yourself. This alone can save you upwards of £1500.
The same can be said if you have evidence proving that the company is not liable for business rates being claimed as owed. You would proceed with the same application to dismiss but to adjourn, which gives you time to provide evidence to the court to prove the company is not liable or not solely liable.
This is a proven method I have used on previous cases saving the client thousands of pounds, and a whole heap of stress. You have to file the application correctly, tick all the right boxes, provide the relevant evidence attached to the form.
Just because a council can request a wind up of your company, does not mean it cannot be defended without the expence of barristers and solicitors. You just need to gain the correct advice.
In trouble with a wind up petition for business rates, give me a call, Steve Adams 07415048643. All my business rates advice is free.
Until next time.
Steve Adams @ Business Rate Advisors Ltd