Enforcement
Questions
- What is a Liability Order?
- What happens at Court regarding my Summons/Liability Order Hearing?
- I didn't receive a Final Reminder; does that mean the Summons is wrong?
- If I bring my instalments up to date do I still need to pay the Summons costs?
- I have received a Summons but the person on the Summons has moved.
- Do I get a CCJ (County Court Judgement) following a Business Rates Summons?
- Do I need to attend Court following a Business Rates Summons?
What is a Liability Order?
A Liability Order legally allows the Authority to recover Business Rates from a Business by various methods. These include:
- Enforcement Officer (Bailiff) action.
- Committal to Prison.
We may also consider the instigation of Bankruptcy / Liquidation proceedings.
Back to Questions
What happens at Court regarding my Summons/Liability Order Hearing?
The Magistrates are asked to grant a Liability Order as the amount shown as due on the Summons has not been paid.Back to Questions
I didn't receive a Final Reminder; does that mean the Summons is wrong?
No. Our system produces a Final reminder prior to a Summons. The Council are required to present proof in Court that documents have been despatched as required in the regulations. The Justices accept the proof of postage provided. We have to assume that if a document is not returned by Royal Mail endorsed 'gone away' etc that it has been delivered correctly.
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If I bring my instalments up to date do I still need to pay the Summons costs?
The issue of a Summons cancels your right to pay by instalments, the whole amount becomes immediately due and costs are automatically incurred.
You will need to consider how you propose to pay the amount. The Council may enter into a special payment arrangement with you, only by Direct Debit, which then allows you to pay by a special instalments scheme. This will include costs of £95.00.
An income and expenditure form can be downloaded by clicking here. This needs to be completed before an arrangement can be considered.
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I have received a Summons but the person on the Summons has moved.
If you know their forwarding address, please supply us with this new address by e-mailing us on recovery@castlepoint.gov.uk or by telephoning 01268 882201. Please then return the document to us marked 'no longer at this address'.Back to Questions
Do I get a CCJ (County Court Judgement) following a Business Rates Summons?
No. The Business Rates Summons does not lead to a CCJ.
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Do I need to attend Court following a Business Rates Summons?
If you agree the balance on the Summons is correct, but you are unable to pay the amount in full there is no need to attend Court - we may be able to come to a repayment arrangement but this will be by Direct Debit only. Please note however, if you dispute the Summons we would advise you to attend Court to represent your own views.Back to Questions





