Jump to content


  • Tweets

  • Posts

    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
    • Every year the chancellor doles out billions of pounds of taxpayer money, but where does it go? View the full article
    • Amigo has posted a statutory loss before tax of £62.6m, for the six-month period ending 30 September, after reporting a profit of £42.3m for the previous half-year View the full article
  • Our picks

Commercial rent/service charge/bailiff


Please note that this topic has not had any new posts for the last 5122 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all been browsing the website and has helped me over the last day or so but i could do with some advice about how i proceed further.

 

I rent a commercial unit off the local authority for business usage and payment is required on the first of the month. I had a verbal agreement with the landlord that the Nov payment would be held back to December due to personal circumstances.

 

I assumed everything was fine and when i attended my property on the 15th(evening) there was a removal of goods notice through the door for £1960 dated the 8th of Nov, that included bailiff fees of 575 pounds and the bill was for Nov and DEC. I contacted the landlord who said sorry the finance team have decided to pursue the matter as per tenancy agreement.

 

After speaking to several people in accounts finance etc they said as payment was not received on the first they were well within their rights to take that form of action and if i had an issue to contact my local councilor. I accept that the council are well within their rights if a payment is a day late commercial landlords can demand immediate payment. They advised me to contact the bailiff and he might negotiate..

 

I decided to try and make full payment to the local authority instead via their cashiers office excluding any bailiff fees, however they refused to accept my payment because the computer told them it would not allow it despite me having the full invoice no and appropriate paperwork. I then decided to make a chaps payment direct to their account and i submitted the documented proof to the finance team, should clear on Monday as done after 1pm

 

Spoke to bailiff earlier to advise him of this and his price has come down to 200 pounds if i pay him today. I asked for an itemised bill and was refused and the bailiff stated verbally we don't do that. He then threatened to attend twice today despite knowing the amount had been paid. The bailiff has not gained access to the property as i have not been at my place of work in Nov for personal reasons in view of this what would you advise is an adequate sum to pay them if any?

 

I have seen so much for the first £100 and then percentage figures onwards and then reasonable costs for each visit that he has attended the property.

 

The bailiff says he will get his fees via the payment i have made to the council surely he cant do that can he??

 

Should the council have instructed the bailiff knowing there was a standing/order set up for dec1st for both payments?

 

How many visits can the bailiff charge for ???

 

Are bailiffs allowed to levy fees on service charges??

 

Has the distress for rent been superseded by the draft bill (Tribunals, Courts and Enforcement Bill)

 

If i do pay the bailiff any funds what are my chances of claiming funds back from the council as i was assured on more than one occasion there would be no action?? (i know i should of got it in writing)

 

What is the best way to complain about the councils conduct and bully boy tactics who are basically endorsing exorbitant fees and consistently giving out misleading information...

 

Thanks in advance for any responses sorry for the rambling ....

Link to post
Share on other sites

if you haven't done so already, change the locks on your unit! - the council will have copies and give these to the bailiff.

 

onwards from that, you have put yourself in a bit of a situation by not having anything in writing regarding holding off your nov payment.

 

try and pay the council everything you owe them as soon as possible, that way the bailiffs have nothing to collect on.

 

Bailiffs can only collect on a court warrant - there doesn't seem to have been enough time elapsed for it to have gone to court? were you served court papers? have you had a letter warning of a bailiffs visit? are you sure this person is a REAL bailiff???

Link to post
Share on other sites

Thanks for the response council have been paid in full for Nov and DEC excluding any bailiff fees the bailiff and the council are aware of this as 17/11/06. But as you can understand Mr bailiff is not happy and claims he can continue to pursue this until the council call the debt off.

 

The letter i have states it is a removal of goods notice and there is a name on there the males name and below it he is listed as a removals officer (is that a real bailiff) it doesn't mention anything about certification Also the letter does not mention anything about distress for rent it states

 

Removal of goods notice

 

For unpaid commercial rent

 

Amount now due £1946.83

 

I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt.

 

I will re-attend at your address on 9th/10th to collect full payment.

 

Should you wish to avoid this distressing course of action contact me immediately on a mobile number....

 

In theory the council should contact the bailiff and let them know they have received payment and any action should be cancelled however in my view i need something in writing from the council and the bailiff to clarify if there is anything outstanding as i don't want these clowns to issue any defaults/judgments against me.

 

Thanks again...

Link to post
Share on other sites

Commercial renting is completely different from residential renting, and you cannot really apply any areas of residential letting law to it. I would advise you get specialist assistance. There is a commerical rental board on the landlord zone forums: LandlordZONE Property Forums

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...