Marston/Drake money paid but they are still seizing!!

[can'ttakemuchmore]

I will try and keep this short and sweet although it is a huge mess made by the bailiff's. My brother fell behind with the rent on his workshop so the bailiffs were sent in. They all came to an arrangement that the £4000 would be paid in two instalments. The first cheque was paid in February but not presented until April, and the second instalment was paid in February Drake didn't present the cheque until April. This left payment due of £500 for bailiff fees.

 

They rang my brother last week to say he owed £3500, £2000 not paid, plus the £500 fees and an extra £900 for late payment or some such nonsense, and they would be seizing his machinery which would accumulate in more fees for attending the workshop. The next day they went to the workshop with the landlord and changed the locks adding further fees.

 

The upshot is they have had the money, but say there is no record of it, they wouldn't wait for the bank to send the cheque and just went in and changed the locks regardless. The cheque arrived today and they are still saying they haven't had payment and it is up to us to trace the cheque back to their accounts.

 

Where do we go now. They have been rude and aggressive with my brother and my mother on the phone. The lady who deals with the cheques in the office has been rude and unhelpful and has refused to even look to see if a mistake has been made in their books. Who do we complain to. Can my brother claim for loss of earnings as he has been locked out of his workshop, and they are coming to seize the machinery this week.

[Guest Old_andrew2018]

Hi

can I suggest you click on the red triangle this will open a message box, you can then request help from the site team.

 

Andy

[kennythecelt]

Hello and welcome to CAG.

 

This sounds absolutely terrible and paints a poor picture indeed of the DCA.

 

Please be assured that this sounds like something we can help you with. Someone with the right type of experience will be along shortly.

 

Please try not to worry too much in the meantime.

 

Kennythecelt.

[can'ttakemuchmore]

Seems that Drakes have realised that they have made a major mistake and are now fobbing my brother off with 'the accounts department are looking into it' in regards to the missing cheque which they managed to cash.

 

He has still not got access back to his machinery which has already resulted in him losing two major contracts. Can someone advise please as to our next step as Drakes are dragging their heels. Do they not realise the effect they have on peoples life's? Also as his landlords allowed the bailiffs access to the workshop although he had been told the bailiffs had been paid does this affect the lease on the workshop, the letter that has posted to the door effectively said they were terminating his right to the workshop

[tomtubby]

In the first instance, can you please send me a private message with the name of the bailiff so that I can search out database to ensure that he is certificated.

 

Due to the seriousness of this I would suggest writing direct to Drakes/Marston's each house solicitor but will first await you response to the bailiff name.

[tomtubby]

Thank you for your message. I can confirm that PW is certificated to work for this company. I have no record of the other name. Our database is just 3 weeks old so it is possible ??? that he may have recently obtained a certificate...or not.

 

Ths case is no doubt unusual in that it would appear that "tools of the trade" have been removed.

 

Was the business trading as Limited Co or Sole Trader ?

[can'ttakemuchmore]

He is a sole trader

[tomtubby]

Good. In that case has he written to the bailiff company to put them on notice that they have seized to "tools of his trade" ?

 

If so, what response has he received ?

[can'ttakemuchmore]

He has spoken with them on the phone and told them that they have seized the tools of his trade which they can not do. Their response was as it was a commercial premises they could do as they liked.

[tomtubby]

I am sorry but I not want to appear to be telling you off but this is important.......so why has your brother told the bailiffs ON THE PHONE about these being exempt goods.

 

 

Something like this MUST BE PUT IN WRITING. That way there is proof of a letter and you will receive a REPLY from the company.....not just a VERBAL response from a bailiff, which your brother could never rely upon in court !!

 

I will check our website as I am sure that we have a template letter for exempt goods.

 

Finally, it is rubbish to claim that these goods can be taken because of the premises being commerical premises. They are still "Tools of the Trade"

[can'ttakemuchmore]

He was informing them that he is aware that they are breaking the guidelines as to what can and can't be seized.

 

A certified bailiff would be aware of this. Forgive me as I'm being a bit slow why would it matter that we haven't wrote to them telling them how to do their job, they know what they have done is wrong, we know what they have done is wrong and the courts will know. Why would a letter be relevant. They are trying to pull a fast one assuming that we are not aware of our rights.

[can'ttakemuchmore]

We received a phone call from the Bailiff this morning; the one who changed the locks on the workshop, to inform us that they have found the payment finally. No apology, what a surprise.

 

Anyway they asked what we would like to do in relation to the workshop. My brother said as they had effectively served FORFEITURE OF LEASE we didn't have any options. The bailiff 'offered' to let us in if we coughed up the £1900 expenses that they had racked up due to their incompetence.

 

I am beginning to supsect that the landlord is unaware of any of this!!!

[can'ttakemuchmore]

Forgot to say, the bailiff wants us to ring him back today with a decision! Seems in a great rush all of a sudden to sort this all out

[casbah]

Cor I wish I was your brother

 

I'd kick some serious butt.

 

Anyway, putting things in writting................then they cannot deny what you/they have said, and believe me, they will try.

 

The first thing to do is get proof that your cheque was cashed. Did he give the cheques to the bailiff in person? if so did the bailiff give a reciept?

[can'ttakemuchmore]

We are printing off bank statements, to show the money was paid prior to them locking him out of his workshop. The bank have sent copies of the cheques to prove they were paid to Drakes.

 

I completely understand about the need to have everything in writing, was just so frustrated on Friday as two major contracts have been lost due to him not being able to access his machinery, which is a lot of money lost, and now they have the audacity to ask for their fees to be paid.

 

The cheques were sent in the post so no receipt was ever given.

[casbah]

the best thing you can do is have a nice cup of coffee and chill out,

 

then you can decide if you want to pursue this, these people will at least have a sympathetic ear, but i suspect they'll know who you need to talk to.

http://www.businessdebtline.co.uk/

 

In my opinion bailiffs are bullies, who prey on those that do not know the score. And, I, for one think they need bringing down a peg or 24

 

cas

[can'ttakemuchmore]

My sentiments entirely, this 'profession' have no qualms about bullying, verbally abusing, and destroying peoples lifes. I think we are willing to see this through as far as possible. Will keep you posted