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Hi,

On the 27/7/2009 I was visited by a bailiff at my works premises (it is my own business). I have had a bit of a cash flow problem and was late with the months rent.

My rent is £1649.57 + service charge of £86.25

The bailiff requested payment in full of £2399.37

On asking for a breakdown I was told the following:

Costs £88.55

1 car and 1 bailiff £500 plus £75 vat

The bailiff was with me for 1 hour.

I paid them to get rid of them but ensured them I would be taking it further as I thought the costs were not reasonable and I believed them to be illegal.

I called Swift credit services ltd today to ask what the £500 was for. The lady on the phone told me the £500 was for 3 hours of the bailiffs time. 1 hour travelling to me, 1 hour with me and 1 hour travelling back. I make this £166.66 recurring per hour which makes me think that the number is just plucked out of the air.

Can anybody suggest what I should do as I am fed up with being robbed.

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I am sure they have charged you fee's that are illegal But someone with more knowledge should comment further

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Its a bit late at night to give you answers now.

Will re-title and just ask that you wait till tomorrow when more members will be online.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Who instructed the bailiffs to collect ?

Is it a private landlord, Agents or Council ?

Am just curious to know.

 

And you had no breakdown for the monies collected?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi martin,

The bailiffs were instructed by hartnell taylor cook who act as agents for my landlord who is a private landlord.

The only breakdown that they gave me is as stated in the first post. I am sure they are keeping it as vague as possible for their own reasons.

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Yes I know you was "told" what the figures were for-I mean was you given a written breakdown ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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what legal action has been taken by your landlord, if any ?

 

or are you saying the landlord / his solicitor instructed a bailiff to call on you without it being to court ?


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Kip-there are different rules for commercial rent.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes as far as iam aware (iam a commercial landlord) you can as a landlord levy on goods in the premises and carry out distraint action without going through the process of court etc..

Obviously there has to be rent overdue though! Not sure I would take this action though until the old fashioned speaking to the tenant had completely broken down or failed.

 

Seems a bit weird that bailiffs just turn up?

 

I would suggest that you write to Swift and tell them you believe their charges are illegal, and they must break it all down in a written reply.


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My rent was 26 days late. I was talking to the agents on a regular basis and they knew the money was coming. This is the first time this has happened in the 3 1/2 years I have rented this building. After handing over more than £50000 in rent this is how you get treated i'm afraid. I have spoken to swift on the phone and they say that the £500 is for 3 hours labour. Broken down into one hour travelling to me, 1 hour travelling back and 1 hour at my premises. I still cant work out how you can charge £166.66 recurring per hour. Maybe this will be reason enough to believe the figures are made up and not real costs. I will write to swift to find out what they are willing to put in writing.

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Yes agreed.Danboy raises good points too-its hard to understand how such action can come unless there are other issues that are unknown to you.

Franky I bet you was livid and had reasons to be.

Personally I would want to bring it to the attention of the owners-never mind the agents.

I will flag this up for some informed opinion.

Writing to Swift to get it in writing is a good first step.

There are a few avenues you could go down,but making Swift aware that you are not letting this go is prob the most important one.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Looks like to me but I could be wrong that your landlord requested this bailiff service online using their online forms.. here is a list of their bailiff charges

Bailiff Charges

 

and here is what your landlord may have filled out

 

http://www.swiftcredit.co.uk/wdistrainc.pdf

 

going by their charges it looks like they are just making it up as they go along..

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