Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I'm a leaseholder of a space in an industrial estae in which my friend and myself have a recording studio.
Basically, at the end of last month, we didn't pay our rates on time. We were given 20 days to make this payment, but we we're unable to meet the deadline with the landlord.
The payment was made a few day's after the 20 day period had passed (cheque in the postbox outside the landlords office door)
Today, we've arrived at our studio to find a new padlock on there which was put there by a baillif.
TOTAL-£850 ????????????
Upon speaking to the landlord, he's told us that he has NOT received any payment and any problem we have to take up with the baillif.
Now, we're not disputing the money we owe to the landlord or the baillif charges .
I'ts just the amount of money that the bailliff is trying to charge, and i know he can't justify this amount.
We've arranged to meet him tomorrow to make the payment but we know that there is something rather fishy going on there
We've never had this kind of problem in over 5 years that we've been there....
but our lease is up at the end of September and we think that he's trying to get us out of there.
I'm guessing the best option is to pay it, and then try and reclaim any excess charges that we're being charged. But i don't want to give in as i know that something is wrong here !!!
Please post some more information in order that somebody can help.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Please post some more information in order that somebody can help.
No breakdown of charges yet but we've asked for a copy tomorrow and the cheque has not been cashed, apparently, the landlord never received it.
And we didn't send it recorded, either.
As for more info, well, that's about all i know so far. I got to the studio and it was locked up.
Other than what i wrote, not sure what other info i could give you, except that i'm "@**@£" off !!!!!!!
I can understand your frustration with this. Until you have a Breakdown of the charges I guess you will not know what you are up against.
The landlord appears to have been a bit previous however with the bailif, did the landlord not try to contact you at all?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Thanks for your help so far mate, Im also involved with this and have spoken to the landlord directly, no contact was made by the landlord as to be honest he is a twisted and evil old man with too much money and he has a history of stitchin people up. The cheque we sent was in the 20 day period but he says he never got it, more like a ploy just to hassle us a bit more!
Heres the full details incase we missed anything
Basically:
I left a cheque for the landlord in the pigeon hole (which is unsecured) as we have done for the last 5 years on 12th July, he claims not to have received it! I found this out when I noticed my unit has had the locks changed and termination of the lease notice had been left for me.
We have 3 months on our lease remaining. The landlord says we can finish but we have to give the rent money to the Baliff as well as his fee which is £850 + vat just for changing a padlock and 3 yale locks.
The Baliff wont give me a Breakdown of the costs till I pay him, I know this isnt right!
Problem I have is I need to get back in the unit to finish up my time there and recoup the funds lost now so I have to keep the landlord happy.
I was thinking of paying the baliff then claiming it back thru a court?
When asked he knocked £100 off the total and didnt really give me any agro at all but hes a baliff and of course I dont trust him.
Get as much Info on the bailiff and see if he is a licensed one with the local court and get the Breakdown of the charges and the name of the company he works for.
Sounds like they are on to a good little thing here until you found this site and the wonderful people on it make sure you read round and the Phillips bailiff thread as that makes good reading and may help you for tomorrow
Good luck and post what Info you get tommorow don't take any SH**
DONT FORGET TO DONATE TO THIS SITE WHEN YOU WIN THANKYOU If you dont it wont be here
Let battle commence!!!!!
All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.
Errrm correct me if im wrong but they cant just lock you out like that and as for changing the locks sounds VERY dodgy if you ask me I would go take some legal advice on it if you can sounds very dodgy
The Baliff wont give me a Breakdown of the costs till I pay him, I know this isnt right!
Jake
This is certainly not right!
I would not hand over any money until I had seen some legitimate paperwork relating to this.
The terms of your lease/rent must make provision for this kind of situation, can you have a solicitor look over this for you?
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Sorry I’m so late on this thread, I hope it’s not too late to be of use.
Do you have a lease or tenancy agreement? By that, I mean a document or any written contract between the landlord and yourselves, signed by both parties. The answer to this question will have a bearing on how you might proceed.
Do you have a particular time arranged for tomorrow to meet the bailiff?
One of you states that you have three months left on your lease. But you apparently have a three year lease, from May 2005. I think, perhaps, that you mean you have three months left of your notice period, is this correct?
How was the notice served on you? Did the landlord write to you, or did he just tell you.
The bailiff has already weakened his case by offering a reduction in the charge. If you were to ask him the right questions, I have no doubt that the charge would miraculously shrink to a tolerable amount. By that I mean an amount you would be prepared to pay to gain access to your unit and valuable equipment.
I don’t think you need me to tell you that the landlord is a scoundrel. You probably have a shorter description in mind!! He needs stopping, to prevent misery for others, but that will take careful legal action.
After you have regained access to your unit, would it be possible for you to quickly find an alternative space, even if it was temporary?
My opinion, like yours, is that you will have to pay up to get back in. You will then need the services of a specialist solicitor to get redress.
Sorry I’m so late on this thread, I hope it’s not too late to be of use.
Do you have a lease or tenancy agreement? By that, I mean a document or any written contract between the landlord and yourselves, signed by both parties. The answer to this question will have a bearing on how you might proceed.
Do you have a particular time arranged for tomorrow to meet the bailiff?
One of you states that you have three months left on your lease. But you apparently have a three year lease, from May 2005. I think, perhaps, that you mean you have three months left of your notice period, is this correct?
How was the notice served on you? Did the landlord write to you, or did he just tell you.
The bailiff has already weakened his case by offering a reduction in the charge. If you were to ask him the right questions, I have no doubt that the charge would miraculously shrink to a tolerable amount. By that I mean an amount you would be prepared to pay to gain access to your unit and valuable equipment.
I don’t think you need me to tell you that the landlord is a scoundrel. You probably have a shorter description in mind!! He needs stopping, to prevent misery for others, but that will take careful legal action.
After you have regained access to your unit, would it be possible for you to quickly find an alternative space, even if it was temporary?
My opinion, like yours, is that you will have to pay up to get back in. You will then need the services of a specialist solicitor to get redress.
Elsinore
Hi Elsinore,
Yes we had a lease with this character and he served the notice of forfiture in April 2006 so we have until sept to leave.
The notice was served to my home address and my business partners as well as puttin up a notice on the unit door. No covering letter from the Landlord tho, he is quick to shift blame as in person he is spineless and will shake your hand and stab you in the back at the same time.
We are meeting him at 1pm tomorrow (friday) I will ask for the Breakdown prior to the payment for sure.
The Landlord is very very slippy and a bully but this is because no one has attempted to stand up to him as of yet and look where it has got us! But I believe I am right to look after myself and not just take crap from these people!
We are looking for a place as we speak, we just want to get back in the and sort it out and leave in Sept but I would def like to continue to take legal action against this guy if I can.
I would not hand over any money until I had seen some legitimate paperwork relating to this.
The terms of your lease/rent must make provision for this kind of situation, can you have a solicitor look over this for you?
In this case tho our lease has been terminated so I dont think that stands. I can have a soliciter look at it but I really have to get back in first thats the problem.
The main objective is to get back inside your unit. You owe the rent and are prepared to pay it, so that is not a problem. The landlord was, unfortunately, within his rights to employ the services of a bailiff to protect his position. Commercial landlords do have particular and strong powers, but that does not mean that they should abuse them.
Moreover, the bailiff should act lawfully and properly and only make a charge for his services which would be percieved by a court to be fair and reasonable.
Ask him these questions even if you already know the answers
1. His full name
2. His employer's full name and address (he might be independent)
3. Is he/his employer certificated and, if so, by which court?
4. Is he or his employer a member of a trade association? If so, which one (name and address)?
5. Does he have any professional qualifications in the field of debt collection?
6. Can he supply a detailed Breakdown of his charges and the source of those charges (table of rates or similar).
Don't be afraid to have a written list of questions and write his answers down
Go through all the questions no matter what responses he gives.
Hopefully he will cotton on to the fact that you have done your homework and rumbled him and he might well become conciliatory (lower the fee) rather than face an investigation (which he might get anyway!!).
Once you get back in you can then consider your next move.
The main objective is to get back inside your unit. You owe the rent and are prepared to pay it, so that is not a problem. The landlord was, unfortunately, within his rights to employ the services of a bailiff to protect his position. Commercial landlords do have particular and strong powers, but that does not mean that they should abuse them.
Moreover, the bailiff should act lawfully and properly and only make a charge for his services which would be percieved by a court to be fair and reasonable.
Ask him these questions even if you already know the answers
1. His full name
2. His employer's full name and address (he might be independent)
3. Is he/his employer certificated and, if so, by which court?
4. Is he or his employer a member of a trade association? If so, which one (name and address)?
5. Does he have any professional qualifications in the field of debt collection?
6. Can he supply a detailed Breakdown of his charges and the source of those charges (table of rates or similar).
Don't be afraid to have a written list of questions and write his answers down
Go through all the questions no matter what responses he gives.
Hopefully he will cotton on to the fact that you have done your homework and rumbled him and he might well become conciliatory (lower the fee) rather than face an investigation (which he might get anyway!!).
Once you get back in you can then consider your next move.
Elsinore
Thanks to everyone. We know that we've been put in an awkard situation by these people but want to sort it out ASAP.
That list of queations is definetely something we'll be taking with us.
Seems like some intimidating tactics are being employed against us.
We'll keep you all posted with the outcome of the meeting
Bailliff Wants £850 Tomorrow Morning !!
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Re: Bailliff Wants £850 Tomorrow Morning !!
Originally Posted by hagenuk
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