Detailed Assesment or Small Claim to recover excess Bailiff Charges for rent recover - please advise..

[gshniben]

Recently bailiffs attended our premises to carry out a removal on behalf of our landlord for rent arrears. This went smoothly, we offered no resistance, and have subsequently paid all outstanding amounts and received the goods back.

Due to the nature of the amount of stock removed, the bailiffs had to request a large Panel van which came to remove the goods. This they charged us £500 for on their Distress for Rent Rules 1988 (Form 9) Removal Expense Form.

They also charged us £500 for 2 Bailiffs to attend, and 3 porters, £480 for driving up in their own vehicle and £200 for extra waiting time.

I would like to dispute the charge of £480 for their own vehicle as completely excessive. This vehicle was not used to remove any goods, and the bailiffs would have to travel to our premises in any event to effect the removal. Additionally as we have been charged £500 for the bailiffs own attendance, why have we been charged for waiting time? They have to attend to remove and they knew how much stock they would be taking from the distraint form, so they knew how long they would be here for. Why is waiting time being charged?

I have twice requested a Scale of Fees from them, and they have refused to provide one.

I REALLY do not want them to get away with this.. is a Detailed Assessment the way to go or should I file a small claims case?

 

Many thanks

[Thegreenpimpernel]

Are you sure the bailiff action was lawful? Please answer the folowing.

 

Do you have a signed lease?

 

Does it specify a due date for rent?

 

How much did you owe?

[gshniben]

yes, the action was lawful, we had a lease, its a long story, but they were within their rights to remove. I am not disputing that. What I am taking issue with is charging me for the van they drove here in and never used.. and the waiting time, when they have already charged me for their attendance.. any help greatly appreciated! Thanks again

[ploddertom]

yes, the action was lawful, we had a lease, its a long story, but they were within their rights to remove. I am not disputing that. What I am taking issue with is charging me for the van they drove here in and never used.. and the waiting time, when they have already charged me for their attendance.. any help greatly appreciated! Thanks again

 

You said at the beginning a "large panel van" - have you tried locally around you to see how much a similar vehicle may cost for say half a day as I assume this would have taken no more than 4 hours, did it come with a driver? They can possibly charge waiting time dependent on the length of time it took and the men they had. I would argue the charge for their own vehicle as they cannot realistically charge for using 2.

 

PT

[gshniben]

thanks PT.. the charge for the Panel Van i think is reasonable. How do I dispute the charge for their van? Do I ask for a Detailed Assessment via the court or shall I issue a small claims court summons? thanks again

[ploddertom]

That's a difficult one, if you go detailed assessment & lose there could be costs ramifications, if you go Small Claims then you have to prove the fee is unjust. Will have to do some more reading when I get home.

 

PT

[Tingy]

Can you not SAR the bailiffs (or there's another letter which avoids the £10 fee) to find out a detailed breakdown of the bailiffs costs. Once you have that you can see what is and is not legal. Can you not then use CPUTR to ask some questions, reminding them them that any answers give could be used in a court of law and they could be put to strict proof that all answers are correct. If it is found they have not told the truth they could potentially lose their licence to trade.

[ploddertom]

Did you receive any paperwork from the Bailiff - Notice of Seizure perhaps?

 

PT