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Rust_Never_Sleeps

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  1. I've been down that road with the previous tenant. I didn't actually buy a business from him. He relinquished his tenancy and I took it on the understanding there were no staff on the books. He lied!
  2. Well check this... I just called the bailiff's office and explained the situation. He told me to put in another N245 to get the warrant suspended and to offer them a nominal payment again. He said he probably won't even visit me! Can a bailiff really be human?
  3. Hi. I really need some advice quickly as I'm very worried. I am a tenant in a pub. When I took the tenancy I was basically shafted by the previous tenant who told me there were no staff. When I moved in two staff turned up claiming they worked there. I couldn't afford to either employ them or get rid of them and they subsequently took me to - and won - an Employment Tribunal. One judgment was for £1450 and the second for £500. I wrote to both of them offering £100 a month. They did not reply and the next thing I received was an "Order for Recovery of award" from the county court. I paid £40x2 to put in form N245 to apply for a variation of the order to allow me to pay by instalments. I reduced the offer from £100 to £20 a month after taking legal advice as my financial breakdown meant I couldn't realistically afford anymore. At the hearing the creditors said they wanted the full amount. I told the judge that my business was struggling and barely breaking even and that I couldn't afford to pay them any more than I offered. He refused to vary the order saying that "this is really a business debt and businesses should pay their debts". He said he would allow the order to remain in place because "a visit from the bailiffs would determine if I could afford to pay". At no time did the judge ask to see my bank statements and financial breakdown that I had prepared for the hearing. Today I received 2 Notices of Issue of Warrant of Execution from the County Court Bailiffs giving me until January 30th to pay almost £1700 including costs. This is not possible as I do not have the money. My questions are therefore, 1) As I live above the pub the bailiffs are likely to attend during opening hours. I will not allow them into my flat and it will remain locked. Can they remove goods belonging to the pub even though the warrant is against me and not my business? Most of the stuff in the pub is owned by the pub company and is on the rented fixtures and fittings anyway but there are some things I have bought for the business. None of my personal possessions are kept in the bar. 2) Can I do anything else to suspend the warrant. The claimants do not want to accept instalments so I feel that contacting them again is pointless. 3) Was the judge right to have ignored my evidence at the hearing? Thanks in anticipation of some advice.
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