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Marstons Bailiffs

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  • Marstons Bailiffs

    At work Nov2008 we had a dispute with our landlord, the bottom line was that the landlords solicitors sent in the bailiffs and charged £590.03 on an outstanding debt of which was at that time disputed amounting to £6050.17.

    I have just worked through the scale of charges with the debt and I make it £127.15 and not £590.03 am I missing something?

    I made it as follows first £100 = £21.65
    next £100 x 12.5% = £12.50
    next £400 x 4% = £16.00
    next £1500 x 2.5% = £37.50
    balance of £3950.17 @ 1% = £39.50

    So how comes they make it £590.03?

    Amy has already suggested to me to send an SAR which I intend to do, but before I do has anyone any ideas on how they get to this grand figure?



    For levying distress:-
    (i) Where the sum demanded and due does not exceed £100 (ii) Where the sum demanded and due exceeds £100

    £21.65

    On the first £100 of that debt On the next £100
    On the next £400
    On the next £1,500
    On the next £8,000
    And on any additional sum

    £21.65 121/2% 4% 2'/2% 1% '/4%

    )


    2. For attending to levy distress where the levy is not made, the reasonable costs and charges for attending to the levy, not exceeding the fees which would have been due under paragraph 1 if the distress had been levied; the costs and charges are subject to detailed assessment under Rule 11 .

    3. For taking possession:-
    (i) where a person is left in physical possession: £7.80 per day. (ii) where a walking' possession is taken, 80p per day.
    Note: The charge for walking possession is payable only if a walking possession agreement in Form 8 has been concluded.

    4. For appraisement, at the request in writing of the tenant, the reasonabie fees, charges and expenses of the broker, subject to detailed assessment under rule 11.


    5. For attending to remove, the reasonable costs and charges attendiO@lthe removai, the costs and charges are subject to detailed assessment under rule 11.
    6. For Sale-

    ", --.

    I,

    "101'-
    (i) where the sale is held on the auctioneer's premises, for commission to the auctioneer, an inclusive charge to include 'all out-of-pocket expenses of 15% on the sum realised, and the reasonable cost of advertising, removal and storage.

    (ii) where the sale is held on the debtor's premises, for commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 71/2% on the sum realised.

    7. Reasonable fees, charges and expenses where distress is withdrawn or where no sale takes place, and for negotiation between landlord and tenant respecting the distress, subject to detailed assessment under ruie 11 .

    7. For the purpose of calculating any percentage charges a fraction of £1 is to be reckoned as £1 but any fraction of a penny in the total amount of the fee so calculated is to be disregarded.

    7. In addition to any amount authorised by'the table shown above in respect 0; the supply of goods or services on which value added tax is chargeable there may be added a sum equivalent to value added tax at the appropriate rate on that amount.
    A person left in possession must provide his own board in every case


    The possession fee is payable in respect of the day on which the distress levied, but a fee for physical possession must not be charged where a walking possession agreement is signed at the time when the distress is levied.

  • #2
    Re: Marstons Bailiffs

    Originally posted by TUTTSI View Post

    So how comes they make it £590.03?
    They make them up.

    Send the SAR and get your info and we can go from there.

    Comment


    • #3
      Re: Marstons Bailiffs

      Just read a bit further there was a notice from Drakes as they received instructions by fax from the landlords solicitor and they authorised Marstons to visit and they asked that they collect £450 plus vat for legal costs and all Marstons fees, charges and commission from the tennant.

      So now looking at it this form the Solicitors actually claimed £450 + vat which now adds up. But I wonder if the the solicitor was entitled to claim £450?

      So now do I write to Marstons or Drakes??

      Comment


      • #4
        Re: Marstons Bailiffs

        Drakes Group is now Marston Group and they are allowed to charge VAT for the collection of rent arrears.

        Comment

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