Bailiff visit 8 days after debt settled (CRAR)

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camplinj
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Joined: 16 May 2016 10:35

#1 Bailiff visit 8 days after debt settled (CRAR)

Post by camplinj » 17 May 2016 13:32

Hi,

Could someone please tell me if a bailiff is able to rack up their fees by visiting my business 8 days after I had settled my outstanding rent?

Apparently, they sent their statutory notice to the wrong address. They also knew that I paid the rent on 5 May and on 6 May (to wrong address) sent out a letter stating they were aware I paid my debt but would still be visiting my premises if their fees had not been settled. I had a visit on Friday, 13 May from a rude Dawkins bailiff threatening to remove all my equipment from my shop if I didn't pay their fees by close of business on Monday, 16 May.

This was the first I had heard of the matter and I asked them to email me their alleged letters they said were sent out to me. However, the postcode is wrong and it is addressed to me personally rather than the business.

To top if off, they charged VAT on their initial fee and are demanding £386 for the letter and visit. The bailiff threatened a follow up visit for an additional £110 should I not pay up. In the worst case scenario, I'd be fine to pay the £75 statutory fee but they were instructed on the 3rd and I had coincidentally paid rent on the 5th. I would have expected the compliance fee to be waived due to the timeline.

Thanks for any advice.

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Schedule 12
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#2 Re: Bailiff visit 8 days after debt settled (CRAR)

Post by Schedule 12 » 24 May 2016 11:00

They cannot charge any fees is they give the notice to the wrong address.

Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) states;
  • (1)An enforcement agent may not take control of goods unless the debtor has been given notice.
Regulation 3 of the of the Taking Control of Goods (Fees) Regulations 2014 states;
  • 3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
And since Paragraph 7(1) is a component of the Schedule 12 procedure, no fees are due.

If the notice was posted to the wrong address, then the law says that is not proper service of a document given by ordinary course of post. Section 7 of the Interpretation Act 1978 reads;
  • Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
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