Bailliff Wants £850 Tomorrow Morning !!

[MortgageMan]

Hi Empire Works

I have been reading your case, This happened to me a few years ago, The Landlord locked us out for non payment of rent. I cut the chains and retook procession I was advised by my solicitior that as I had a lease I had a right to do this. I understand the landlord has a right to to Levey on your goods and either what they call leave a procession order or remove them for sale normally giving your so many days to pay up. This can of course for rent be done with out going to court. The baliff has to give you a notice of his charges I would say this guy is not a baliff and if he is report him and get your money back. I have had refunds on three occassions not in full how ever. Go after part of your money your landlord should know who he instructed and if the guys not a baliff knock it off your last rent payment Good luck

Trevor

[MARTIN3030]

Yes you are right.A landlord can change the locks but you can break in again.

 

However just what he can do regarding revoking the tennancy agreement is dependent on how many weeks/months are in arrears with rent payments.

[Empire Works]

Hi Empire Works

I have been reading your case, This happened to me a few years ago, The Landlord locked us out for non payment of rent. I cut the chains and retook procession I was advised by my solicitior that as I had a lease I had a right to do this. I understand the landlord has a right to to Levey on your goods and either what they call leave a procession order or remove them for sale normally giving your so many days to pay up. This can of course for rent be done with out going to court. The baliff has to give you a notice of his charges I would say this guy is not a baliff and if he is report him and get your money back. I have had refunds on three occassions not in full how ever. Go after part of your money your landlord should know who he instructed and if the guys not a baliff knock it off your last rent payment Good luck

Trevor

 

Hello Trevor

 

Thanks for your comments, well our problem was that our lease has been forfitured so I no longer had one, and its a commercial lease so he has more power to do this, the baliff charge is outrageous I know but best we pay and keep quiet and get the money back later, I just wanted back in the unit then we can deal with the charge........he is a baliff for sure but I know that him and the landlord are def taking a cut of the excess.....

 

We have paid out last quater now so its all over I think...

[Guest S J]

It sounds very much like forfeiture. Some of the information posted above is a little innacurate. Meanwhile, time is of the essence and doing nothing only makes it worse. Decide what you want to do i.e. whether you want it back. You really do need to seek legal advice/ assistance. Commercial leases can be quite complex

[MortgageMan]

Hi

I understand what you chaps are saying, I am sorry to say I have been there and done it. The rights or wrongs of the forfeiture of lease is a legal question. On the landlord taking procession is wrong whilst the tenant is in procession and the property is not left vacant the landlord has to go to court. As I said before on the baliffs charges give him hell I wrote to the courts, each area of courts have a local panel who oversea baliffs I dont know if thats how they decide if more are needed in any one area, I lodged a complaint with them I went to the office of fair trading and the lord chancellor. I then wrote and told the baliff I intend to take him to court. They refund approx 2/3 of the charges and this was all over business council rates. I think there are published charges for levys and the one they try on is the mileage and van hire and a man, althrough his there on his own with a car.

Its all very interesting and I love this site and I think every one is doing a good job and providing a service like a modern day Robin Hood taking from the banks giving it back to us poor lot

Trevor

[Empire Works]

Thanks for the comments above, basically if the landlord allows us to stay I will hold off on the court action with the baliff as he is buddies with the landlord and might be able to get us our lease back.......well its worth a shot, soon as I know we cannot stay Im on the case and getting my money back!

 

Thanks again and to be honest Im glad to beout of the place as the landlord is just a tyrant!

 

Thanks

 

Jake

[MARTIN3030]

Hi

I understand what you chaps are saying, I am sorry to say I have been there and done it. The rights or wrongs of the forfeiture of lease is a legal question. On the landlord taking procession is wrong whilst the tenant is in procession and the property is not left vacant the landlord has to go to court. As I said before on the baliffs charges give him hell I wrote to the courts, each area of courts have a local panel who oversea baliffs I dont know if thats how they decide if more are needed in any one area, I lodged a complaint with them I went to the office of fair trading and the lord chancellor. I then wrote and told the baliff I intend to take him to court. They refund approx 2/3 of the charges and this was all over business council rates. I think there are published charges for levys and the one they try on is the mileage and van hire and a man, althrough his there on his own with a car.

Its all very interesting and I love this site and I think every one is doing a good job and providing a service like a modern day Robin Hood taking from the banks

giving it back to us poor lot

Trevor

 

This was a great result then.

 

How influential was the Lod Chancellors contact ?

I mean did this have a lot to do with them giving you money back ?

[MortgageMan]

Hi

No the Lord Chancellors dept just pointed me in the right direction and of course I had his letter to wave but not let any one read. I think when I said I was going in to court to get his licence revoked and I wrote to every councillor on that council asking them what sort of baliffs were they employing reminding them that they would soon be up for re-election

I think pressure was then put on the baliffs, I wish now that I had gone in to court just to see what the judge would say but I took the money and ran

Trevor

[stokeybird]

20 day is quite generous I work for a property company and we instruct bailiffs 7 days after the due date. Unfortunatly bailiffs seem to be able to charge whatever they want. I hope that you are able to get some of the money back though as £850 does seem rather steep, how long was he on site for? as they can start charging hourly

[MARTIN3030]

Did you manage to find out if he was a county court certified baliff?

 

You may be interested in this

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

However you will need to put some specific info in there.

 

By making an official complaint using the court form in the first instance,should they not investigate it properly then any action you launched later would have to take this into account.

[Empire Works]

20 day is quite generous I work for a property company and we instruct bailiffs 7 days after the due date. Unfortunatly bailiffs seem to be able to charge whatever they want. I hope that you are able to get some of the money back though as £850 does seem rather steep, how long was he on site for? as they can start charging hourly

 

I was told there where there for 1/2 an Hour!

 

This man is nowhere near generous

[Empire Works]

Did you manage to find out if he was a county court certified baliff?

 

You may be interested in this

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

However you will need to put some specific info in there.

 

By making an official complaint using the court form in the first instance,should they not investigate it properly then any action you launched later would have to take this into account.

 

That looks great Martin thanks! I will start procedings right away!