Excessive bailiff fees/SWIFT

[scoobystar]

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.

[ambershadow]

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

[MARTIN3030]

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.

[scoobystar]

ok. thankyou martin

[MARTIN3030]

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?

[scoobystar]

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.

[MARTIN3030]

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

[kiptower]

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 ?

[MARTIN3030]

Kip-there are different rules for commercial rent.

[danboy381]

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.

[scoobystar]

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.

[MARTIN3030]

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.

[seanamarts]

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..