Advice Please-Marston Repossession

[Purple_Haze]

Hello Everyone,I am in middle of nowhere dont know what to do.Finally i found you guys and i hope some one will give me some advice.

 

Right,I am a sole trader i rented this petrol station from third party company. My main source of income is from stuff i sell from shop. Since last year October i found my self in deep trouble as i owe £8000 to one supplier. Now they issued high court warrent of excution against me(Marston group is appointed bailiffs)

 

On 12-02-09 marston officer visited my shop and asked my staff to sign walking possession. She sign it as she didnt know anything about it. He left a note asked me to call his office. I called there office explained my situation and offer them repayment by way of instalments at the rate of £1000 per month. Marston accepted this offer and i made £500 first payment but my second payment £500 returned by bank(i made honest mistake). Since then marston cancelled instalments payment and told me to pay £4000 by last friday or there will send removal contracts. I beg them i didnt have that kind of money but there refused.

 

This Wednesday marston officer came to my shop told me if i pay some money they may reconcider going back to instalments. I paid him £1500 then he called his office and asked me to open the safe which contains petrolum companys money. I didnt have keys that time explained to him i employed some one to do bankings. He said his office didnt like the fact i refused show him the safe and asked me to call his office. I called marston this morning and told to come up with £4800 by next wednesday or repossession will be proceed. I barley got stock in my shop and concern about marston taking away petrolrum companys property.Some one is taking over the petrol station on 23-03-09 as have give my termination notice

 

What i would like to know is,some items on walking possession inventry are belongs to petroleum company. Marston advice me to get legal advice about it.I dont where to get legal advice to avoid repossession of some one property.Second, can marston force me to open the safe and take petroleum companys money? Third, i am leaving on 23-03-09 and i know marston still come after me but i want to know wheather they can take way new retailers stock?

[chris600uk]

Sorry to be the bearer of bad tidings but now that they have been in they have the right to force entry if they have to.

That includes breaking open any locked door to search, naturally they don't expect to have to open a safe, but theoretically they have the right even if they are unable to do it. Depending on where it is and what type it is, that may prove very difficult indeed without the expensive assistance of a specialist. So if you can't find the keys the average bailiff is likely to huff and puff and walk away, especially if he/she is told there's nothing in there of value anyway - BUT DON'T COUNT ON IT - if theyve been once already and seen the safe, they might just turn up with a road drill if that's what it takes.

 

Once you leave the new tenant would be wise to change the business name and that includes the sign over the door. Providing the premises are clearly under new management the new retailer shouldn't have any problems from a reasonable bailiff.

[Purple_Haze]

Thanks Chris600uk, Where do I get legal advice prevent them seizing companies Goods. Things like computer,CCTV,printer and fax machine. I wrote to them explained there are not my properties. I have been told to get legal advice.

 

There are putting me through this hell because one payment hasn’t gone through. Sofar I paid them £2000 which probably cover there cost.

[chris600uk]

Company, as in Ltd Company? Depends if it's the company debt or your debt.

 

If it's the companies debt and then they can seize the companies assets as far as I know.

If it's your personal debt then they can't.

[chris600uk]

Incidentally, you are in business and it's very different from the world most people live in, it's meaner.

 

So on that basis, why are you worried about someone elses debt?

They certainly won't be worried about yours.

[Purple_Haze]

Thanks Chris600uk. It’s my debt not Company’s. I just want to protect there assets. I don’t want them to sue me or come after me because I involved them in my mess. Items I mentioned are part of carrying out day to day business activities. I know bailiffs can’t seize some goods which are necessary to carry out employment or business by me. Same time I can’t understand why there mention in walking possession inventory

[smee76]

I think you will find that the average bailiff will not give two hoots about whether you need the items for your day to day business. I have a similar problem, but the bailiff insists that they can take the goods I use on a daily basis to earn a living. The bailiff may well be wrong, but how on earth do you stop them removing goods? They are pig ignorant thugs who have no regard for anyone.

 

I think you need to get the company to write to the bailiff and tell them that the goods they list are owned by them and not you. Statutory Declaration - does that work with a company?

[Purple_Haze]

You are right about bailiffs. I think I should do Statutory Declaration, like you said.

Thanks for your advice smee76.

[Fair-Parking]

Hold on here. Did you say that an employee had signed a walking possesion document? As you are a sole trader, only you are responsible for the debts and unless you have given specific authority for this person to make legal decisions on your behalf, the bailiff has overstepped the mark.

 

It's a bit like a shared office building where I once worked - the cleaner bless her, was taking it upon herself to sign for recorded delivery letters. Same principle in that only an authorised person of the company, partnership, or sole trader should sign for the other side to say that their delivery - or in your case, the walking possession document had been correctly and lawfully discharged.

 

Which in this case it doesn't appear to have been. I daren't ask if the bailiff explained to your employee the full consequences of a walking possession agreement, let alone for items she didn't own or had any personal custody or control over

[chris600uk]

Well spotted!

[Purple_Haze]

Tanks Fair-Parking. I just confirmed with my employee he didn’t explain to her why he needed signature. She didn’t even asked him why as this normal practice in petrol station where we get visits from petroleum officers, trading standards. Mars, coke, Cadburys reps etc, etc. Do u reckon, WP not valid cause it wasn’t sign by me

[chris600uk]

Yes, the WPA must be signed by the debtor if the bailiff intends to rely upon it.

If you think about it that makes sense because otherwise a bailiff could theoretically drag some one off the street and have them sign it.

[Fair-Parking]

You now know exactly how to deal with this less than forthright bailiff who incidently works for a less than forthright firm.