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bailiffs excessive charges is this lawfull


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Please can anyone help. A bailiffs unexpected visit (no warrant) ended up costing me £147 94 costs for notice of seizure of goods and inventory. and they have also charged me £675.63 for removal expenses. This is for £275.00 for van fuel and insurance. plus £300.00 for 3hours 25 minutes bailiffs fee and 17.5% vat =£100.63 Is this legally correct because i paid them in full on the day for the rent outstanding. The point that bugs me is the never removed anything because i paid up fully.Also they made a list of goods to seize signed and dated. Do they still have a right to possession of this list If i ever fell behind with my rent again could they just come in and take my goods advice needed

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Please check your 'Notifications', I'll send you a Private Message with a 'link'.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I've deleted my original post because i have realized you are a residential tenant with a tenancy agreement, not a commercial property, right?

 

I believe they cannot charge to attend / remove goods on the day of the levy.

 

Besides, the removal charges are way above normal.

 

Can you tell us the situation.

 

How much rent was due?

 

Did they get a CCJ against you? If so what was the total amount of the claim (inc costs).

 

Did you let them in, or did they use a key?

 

Try and answer these questions because there is someone on here who knows a bit about this line of business. I'll PM the person i have in mind.

Edited by Thegreenpimpernel
wrong
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hello scott thankyou for your help. ok it is a commercial tenancy on a 3 month advanced rental it is a restaurant so it was easy for them to just walk in . we were a tiny bit late paying the rent but a cheque for 1 month not three in post we are struggling in this climate and had been requesting help from the landlord ( can we pay 1 month at a time ) for well over 12 months but they would not spit on you if you were on fire.nothing given they just appeared on this day in a van two of them . i did some research from county court records and discovered that they are certificated by the court I think they are a married couple as both have same surnames . They did not have a ccj. anyway i believe a ccj does not cover debts over £5000. The 1 months rent was £5924. We paid him this and he added £147.94 for costs on the NOTICE OF SEIZURE AND INVENTORY form. Now then he also gave us another form with costs on REMOVAL EXPENSES. £275. for 1 x van. Fuel and Insurance. and £300 for1 x bailiff time 3hours 25 mins The SEIZURE OF GOODS AND INVENTORY. lists a lot of our goods he signed it but we didnt but he still knows what we possess. I just feel like weve been fleeced hope this is clear.

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No CCJ needed with commercial rent arrears just a lease, a due date and a day late! that's it, a landlord can then act employ a bailiff.

 

I'm pretty sure the removal / van fees are not legitimate in this case. They recovered the rent on that visit and did not begin to remove.

 

It's been a while since i learned about this so I'll have to go away and brush up on it - unless someone beats me to it!

 

Must go and eat, catch you latter....

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found this post by Zamzara that might interest you

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http://www.consumeractiongroup.co.uk/forum/showthread.php?257173-Distress-For-Rent-quot-Costs-quot-Need-Help-Please

 

In addition, for rent arrears, unlike council tax they cannot charge for 'attending to remove' even when a levy has been made. They can only charge the costs for actual removal and sale.

 

If you actually paid the debt, no costs can be charged, and the landlord must return any money paid. He is responsible for the bailiffslink3.gif he appointed to act as his agents, even if he is now out of pocket.

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That above quote from my earlier post was about a case where no debt actually existed. The reomval costs point is the same though; they can only charge reasonable expenses to cover the cost of actually removing goods.

 

In this case as rent was owed, if they actually levied distress (but did not remove the goods) they can make a charge of 12.5% on the first £100, 4% on the next £400, and 2.5% on the next £1500.

 

For rent, they cannot charge merely for attending to levy though.

Edited by Zamzara
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Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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  • 8 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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