Possible fee overcharge by DCBL (CRAR)

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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Ducklakeview
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#1 Possible fee overcharge by DCBL (CRAR)

Post by Ducklakeview » 04 Jan 2017 21:40

Hi all,

After some advice on this.

We rent a shop, have done for 4 years. During this time, the roof has continuously leaked in the stockroom, and the landlord has done nothing about this.

Anyway, we pay the rent quarterly, in advance, and have always done so, on time.

As the leak has gotten worse, and no attempt has been made to repair it, we wrote to the landlord telling him that if he failed to rectify it by the time the next rent payment was due, we would withhold the rent until he repaired it.

That was around 5 months ago, with the next rent being due in Sept 2016.

Rent due date came and went, with no contact from the landlord. Two weeks after the due date, and without notice, 2 of DCBL's finest rock up with a demand for the rent plus their fees. I was in the shop at the time, and told them the situation. They were totally dismissive, giving it the "we are taking goods if we don't get payment" etc. As we have an off licence, they could see that there was plenty of stock to choose from.

I immediately rang the landlord, and after a debate, he agreed to call off DCBL, and arrange the repairs, provided I pay the rent there and then. I did this via bank transfer, and the goons left, empty handed.

HOWEVER, two weeks later, whilst my Wife was alone in the shop, they returned, demanding their fees. As I was at home with the children, and they were using their usual bullying tactics with my Wife, I told her to pay it, but get a receipt as I would be challenging it.

Looking at the receipt, they have charged an "enforcement fee" and a "sales" fee, these coming to just over £430.

My question is, as they were called off by the landlord, are they allowed to charge the enforcement fee, and as they didn't take anything, or complete a controlled goods agreement, are they allowed to charge the sales fee? To me, both seem to have been charged in error.

Advice appreciated please.

Thanks

Mike

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jasonDWB
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#2 Re: Possible fee overcharge by DCBL (CRAR)

Post by jasonDWB » 05 Jan 2017 10:07

If the enforcement action is ceased by the landlord or a creditor, the fees are not owed.

Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014 states;

  • 17.—(1) The enforcement agent may not recover fees or disbursements from the debtor in relation to any stage of enforcement undertaken at a time when the relevant enforcement power has ceased to be exercisable.


DCBL has complained to the landlord about their fees and he had just told them to go in the shop and collect it. Even though both know the law does not provide for bailiffs to take control of goods to recover fees.

They only had a power to take control of goods to recover unpaid rent, but the landlord came to his senses, realizing he would be liable for everything if the shop was disrupted by bailiffs collecting rent knowing a counter claim for repairs would follow.

The bailiffs wouldn't be able to take control of alcohol products from the shop unless have a liquor license to sell it to pay the debt.
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Ducklakeview
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#3 Re: Possible fee overcharge by DCBL (CRAR)

Post by Ducklakeview » 11 Jan 2017 15:56

Many thanks for that - Time to complain to DCBL them..

Mike

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jasonDWB
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#4 Re: Possible fee overcharge by DCBL (CRAR)

Post by jasonDWB » 11 Jan 2017 20:23

Do not complain to DCBL. They will mess you about
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Ducklakeview
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#5 Re: Possible fee overcharge by DCBL (CRAR)

Post by Ducklakeview » 12 Jan 2017 12:00

jasonDWB wrote:Do not complain to DCBL. They will mess you about
Why does that not surprise me!

Suggestions?

Mike

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jasonDWB
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#6 Re: Possible fee overcharge by DCBL (CRAR)

Post by jasonDWB » 19 Jan 2017 11:19

If they owe you money, then do a recovery in the small claims track. This article gives a summary of the procedure for bringing a claim in the small claims court.

Otherwise consider the matter closed. Think nothing more of it.
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