Bailiffs locked shop with all inside

[4148boome]

Bailiffs attended a retail shop with a demand backed up by a CC judgement.

The alleged debt of £300 was turned into a £1700 demand, and Bailiffs said they will lock shop door, which they did until payment was made.

The debt was in the name of the former owner of the shop, with similar name. They didnt want to hear this, stating, if payment not made they will stay all in shop (locked) at £60 per hour.

Shopkeeper paid half to get them to unlock the door, and sent someone to get rest of money. Then when paid the bailiffs left.

Now Shop keeper wants to get the judgement set aside, and get his money back.

Any comments please for a very harrassed shop keeper, and guidance

 

dave

[MARTIN3030]

Any ideas what the original debt was for-this could help establish the debt was not owed by the current owner.

Also who is the bailiff firm ?

Also did they leave paperwork with a breakdown of charges ?

[MARTIN3030]

If the judgement was in the name of former owner and entered legitimately,then its unlikely that it will be set aside.

What needs to be challenged is the enforcement action that has occured.

[4148boome]

hi martin,

 

the origional debt is for a service contract on a printer.this can be traced back.

 

the Bailiffs firm were from 'Bailiffs Sherffs Ofice' Croydon

 

the CC was for £700 the rest charges and expenses

 

dave

[Guest Happy Contrails]

the CC was for £700 the rest charges and expenses

 

The Law that prescribes fees for collecting unpaid CCJ's is the County Court Fees Order(Amended 1994) 1982. It only provides for bailiffs to charge £45, it appears he is trying to defrauding you with his fees - and that commits an offence under Section 2 of the Fraud Act 2006. There is nothing in the legislation that enables a bailiff to charge "waiting time".

 

Bailiffs are not allowed to interfere with the normal operation of a business, or do anything that disrupts its in any way.

 

Bailiffs can only levy on goods belonging to the debtor, if you are not the debtor then your goods cannot be used in this way and the bailiff commits burglary.

 

It looks like you are dealing with a common fraudster.

 

Do find out of the bailiff is collecting unpaid biz rates - different laws apply.

[lets fight bailiffs]

Can you say if the shop was taken as a going concern if so did the shop keeper have a contract to pay outstanding debts?

 

is the shop sole trader/partnership or ltd company?

 

and does the shop still use the same printer/and if so did the new shop keeper sigh a new contract as from what you say the printer is on a lease where the company do all the maintenance.

 

and are you sure this is still a county court claim and not high court because the fees sound like high court to me.

 

If you PM me the shop keepers details i will be happy to take this one on.

 

LFB

[Guest Happy Contrails]

The OP said: The debt was in the name of the former owner of the shop, with similar name. This means there is no obligation for the current tenant to pay a debt owed by the previous tenant.

 

This is not a High Court action because the OP says the alleged debt is £300 and the minimum debt to qualify for transfer-up is £600.

[lets fight bailiffs]

The OP said: The debt was in the name of the former owner of the shop, with similar name. This means there is no obligation for the current tenant to pay a debt owed by the previous tenant.

 

This is not a High Court action because the OP says the alleged debt is £300 and the minimum debt to qualify for transfer-up is £600.

 

The debt was £300 to start with and is now £1700 this could be because there is also county court fees and cc bailiff fees and 8% interest from the judgment date.

 

if the debt is passed to a company that is also reg HCEO's they do there best to take a ccj above £600 so they can transfer it to a high court in order to put high court fees on, this is very commen.

 

and if the shop was taken as a going concern then it would also depend on the purches contract i.e there could be a clause to state that the new owner takes on all lease agreements.

 

LFB

[4148boome]

Hi all,

i have found the C/C breakdown of charges as follows:

Origional Invoice £348.85

Additionla Charges for maintenace agreement £115.00

6 items of correspondence £172.50

2 x telephone calls £23.00

interest @ 8% £15.54

Court fee £65.00

 

The rest makes up Bailiff charges, Totalling £1765.00

 

dave

[lets fight bailiffs]

do you know what the bailiff company was called, and also do you have the name of the bailiff.

 

LFB

[2ltr16valve]

If the shop door was locked by teh bailiffs... then this constituents "false imprisonment", a criminal act..... or am I dreaming ?

[Guest Happy Contrails]

I dont think a court would accept a transfer up application because the debt itself must be more than £600. If 8% interest increases £300 to more than £600 then it has been outstanding more than 6 years - and exempt under Section 2 of the Limitation Act 1980.

 

The bailiffs fees on a CCJ has a maximum limit £45, and a transfer up court wont accept transfer up application because the debt can be challenged on fee irregularity. Looking at the fees quoted above, it appears the bailiff is a common fraudster.

 

In any event the OP is not liable for any of the debt because there is no contract between him and the creditor, and further, there is no evidence the OP's name is on any court document ordering him to pay.

 

The OP has a right to claim damages from the bailiff company for the disruption to the normal operation of his business and should write to them asking them to pay within a deadline, and he has a right to sue the bailiff in the small claims track if he does not pay. He can also ask a court for a Restraining Order preventing the bailiff causing further disruption to his business.

[lets fight bailiffs]

If the shop door was locked by teh bailiffs... then this constituents "false imprisonment", a criminal act..... or am I dreaming ?

 

Could do as the first post would seem that there were a few people in the shop as well as the owner and could also be against health and safty law as he has just locked what could be a fire exit.

 

LFB

[lets fight bailiffs]

I dont think a court would accept a transfer up application because the debt itself must be more than £600. If 8% interest increases £300 to more than £600 then it has been outstanding more than 6 years - and exempt under Section 2 of the Limitation Act 1980

 

that is not so as we have just been fighting a case for the same thing and that was also under £600.

[Guest Happy Contrails]

If thats true, the OP would have an HCEO chasing him.

 

The CC Judgement is less than £600, its the bailiff that is fraudulently adding fees increasing the debt.

[danboy381]

4148 boome, Please can you private message me the name of these bailiffs, the name of the bailiff will be on the writ.

 

 

 

I think I know who they are but need you to confirm, if they are who i think they are in deep anyway, and are currently being investigated.

 

I am local to you, and would be prepared to meet up to help you if this is what I think it is.

 

thanks

danboy381

Edited October 24, 2009 by MARTIN3030
inapp wording

[danboy381]

The fees would be added in any manner in order to be able to transfer up.

 

i,e i have one that is:

 

£530 judgement debt

£160 judgement costs

£101.75 execution costs

 

Thats already £791 so bingo up to the high court it goes.

 

And as for locking a shop door, effectively stopping the shop trading is illegal. No one can do that when collecting a goddam judgement.

Edited October 24, 2009 by danboy381

[4148boome]

hi to all who have replied to this thread.

i have not got access to any other paperwork on this, until mon am.

but will continue posting then

 

dave

[4148boome]

hi danboy381

 

You could be absolutly right and i will definatley contact Mon am

 

dave

[sillygirl1]

This seems a serious matter, however calling the police wouldn't have achieved anything, they would have automatically sided with the bailiff.

 

I seriously hope this kind of fraud is nailed by an incoming government at the next elections... fixed rates for bailiffs collecting on any kind of debt, and any infringment means their bond is automatically forfeit... soon put paid to their little antics. Along with the fact that any commission they earn has to be declared on a weekly basis and taxed at top rate.

[danboy381]

No probs Dave- i I need your help too to sort out these fools. I'm in Chelmsford on Monday but have the laptop with me so catch up then.

[danboy381]

Well said sillygirl - fixed rate on collecting sounds good and the immediate loss of bond if they are caught dicking around with people.

 

This is an interesting case, the same thing happened with me, but got all the money back after lodging Interpleader - (Notice RSC17 Rule2) to the bailiff office.

They paid up some 10 days later.

****.

[MARTIN3030]

do you know what the bailiff company was called, and also do you have the name of the bailiff.

 

LFB

 

 

Bailiff firm is ok to post but please no personal IDs-just playing safe.

[danboy381]

Tried to PM you Martin3030, but your mailbox is full - can you clear.

 

Thanks

db

[FairPlay77]

This seems a serious matter, however calling the police wouldn't have achieved anything, they would have automatically sided with the bailiff.

 

I'm not sure about that. Locking everyone inside almost certainly constitutes the crime of UNLAWFUL IMPRISONMENT. I don't think the police, even though they are generally useless on bailiff law, would have allowed that, and I think that the bailiffs concerned should now be prosecuted under the criminal law.