dbs bailiff locked my workshop with tools & customers car inside

[stuey]

hi.
can anyone help. my landlord got dbs bailiffs to collect owed rent on my workshop.. they turned up with a walk in possession order on my spray oven & vehicles that they was told was mine.. i had no letters or phone call prior to this.. he asked for total payment which i didnt have.. i gave him a £1000 payment £500 of that was his fees & i had to do a payment plan.. which i did & sent into them.. in the mean time i set about removing customers vehicles that he had on his list & one that was mine & my partners. which is now fully in her name. 3 weeks later he turned up again & ask for full payment. i said what about the payment plan.. he told me landlord refused it 1 week prior to his visit.. i ask why wasnt i told.. he didnt know why. again i said i can make a payment in 5 days time waiting money to clear..another £1000 & £500 of that was there fees.. that day he said he would except the payment plan & that £650 was to be paid end of oct.. last week he turn up again but this time he said he was locking the workshop up.. he took photos i told him i have customers stuff & car inside & my hand tools he said its got to be locked, he has used my chain but his lock. in fact locked it for him..the garage next door has been it talks with the landlord & bailiffs about buying the spray oven & the customers car thats inside.. i have called the head offices of dbs saying my hand tools are inside with a customer car.. i have got the customer to fax & send a sign for letter to say its there car but we have had no replies back yet.. dbs have ask the garage next door to call them everytime i come on site.. i have had no paperwork saying there locking me down only verble.. can i cut my own chain & get my tools out as i need to work even if its else where & get my customers car out.. im not bothered about the sprayoven they can keep it. sorry its abit of along story.. any views please!!
thanks
stuey

[Caspar]

Re: dbs bailiff locked my workshop with tools & customers car inside

Walking Possession Orders

This can only be issued by a Court Certificated bailiff and only after a judgment debt has not been paid, or, following the issuing of a Liability Order for a failure to pay Council Tax or certain Magistrates Court fines. Civil debts, such as credit cards, loans etc. cannot be chased by bailiffs unless a CCJ has been obtained and the debt not paid - and even then, a Warrant of Execution must be applied for and granted before a bailiff can visit.

In order for a walking possession order to be valid, a bailiff must have gained peaceful entry to the property in order to seize the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. Under no circumstances should you sign anything a bailiff pushes through your letterbox.

If the bailiff does gain peaceful entry then a walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time should you not keep up your agreed payments.



Read more at: Bailiff Guide - Legal Beagles Consumer Forum


It would appear that this procedure has not been followed in your case. Did he have the right to get a walking possession -ie- was there a judgment debt unpaid or any of the other criteria?

Have a read of this thread:

http://www.legalbeagles.info/forums/...ad.php?t=14113

It should help you and give you a way forward. If you've anything else you want to ask or for us to have a look at, just post away! We're here to do our best to help!

[stuey]

Re: dbs bailiff locked my workshop with tools & customers car inside

Walking Possession Orders

This can only be issued by a Court Certificated bailiff and only after a judgment debt has not been paid, or, following the issuing of a Liability Order for a failure to pay Council Tax or certain Magistrates Court fines. Civil debts, such as credit cards, loans etc. cannot be chased by bailiffs unless a CCJ has been obtained and the debt not paid - and even then, a Warrant of Execution must be applied for and granted before a bailiff can visit.

In order for a walking possession order to be valid, a bailiff must have gained peaceful entry to the property in order to seize the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. Under no circumstances should you sign anything a bailiff pushes through your letterbox.

If the bailiff does gain peaceful entry then a walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time should you not keep up your agreed payments.



Read more at: Bailiff Guide - Legal Beagles Consumer Forum


It would appear that this procedure has not been followed in your case. Did he have the right to get a walking possession -ie- was there a judgment debt unpaid or any of the other criteria?

Have a read of this thread:

http://www.legalbeagles.info/forums/...ad.php?t=14113

It should help you and give you a way forward. If you've anything else you want to ask or for us to have a look at, just post away! We're here to do our best to help!

this is for unpaid commercial rent so there say.. what it is my landlord has been adding extra charges on our virble agreement rent.. ie service charges Electric. but i refuse to pay it because theres no service & i just had heath & safey put a enforcement notice on him for not doing things on site but i carried on paying the virble agreement rent.. the landlord saying i owe £8500 i have now invoiced for him for work that i have done on his car.. daughters car & the car he has hit.. work i have had to do & get done on the building invoiced him for £6500 plus £1200 i want removed service charges.. plus the £2000 ive paid the bailliffs,,, the bailiff said what the landlord owes me is civil.. the walk in possession was easy for him because theres a garage along side of me & we share the main door so he can walk into my spray oven.. im not bothered about losing the oven..its my hand tools & the customers car that is locked inside i have called them.. faxed them.. email them..posted a letter to them.. no reply.. i wrote to the landlord saying they have ended our virble lease by locking me out, i have not heard from them for a month but all the time the landlord bailiffs & garage next door are doing a deal on my spray oven it wont go to auction they told the garage to put a bid in & they will accept it..

can the bailiffs hold & sale my hand tools & stop me from earning a living along with the customers car who has contacted the bailiffs ..
thanks

[Caspar]

Re: dbs bailiff locked my workshop with tools & customers car inside

I've been in a similar situation, though the contract was written, not verbal. We actually fell one month behind with the rent as the business moved towards failing and the landlord changed the locks with our stuff inside (about £15000 worth that actually was not ours but our suppliers!) and hand posted a distress letter through my home address door addressed to the business.

I'm afraid we took matters into our own hands, went down one weekend and cut the locks, got our stuff out and hand delivered a notice through his dooor saying we were vacating the premises with immediate effect and would endeavour to repay the debt when we could afford it. So far we genuinely haven't been able to afford it - not sure what I'd do if I could!

Has anything been through a court with this one? Any DCA's, anything at all before the bailiffs. A full picture wouuld be very useful.

[stuey]

Re: dbs bailiff locked my workshop with tools & customers car inside

I've been in a similar situation, though the contract was written, not verbal. We actually fell one month behind with the rent as the business moved towards failing and the landlord changed the locks with our stuff inside (about £15000 worth that actually was not ours but our suppliers!) and hand posted a distress letter through my home address door addressed to the business.

I'm afraid we took matters into our own hands, went down one weekend and cut the locks, got our stuff out and hand delivered a notice through his dooor saying we were vacating the premises with immediate effect and would endeavour to repay the debt when we could afford it. So far we genuinely haven't been able to afford it - not sure what I'd do if I could!

Has anything been through a court with this one? Any DCA's, anything at all before the bailiffs. A full picture wouuld be very useful.

i have not seen no court papers.. or enforcement letter saying they are locking it up just verble.. bailiff just called me saying hes at the workshop with a walk in possession.. with dbs headed paper with the spray oven ..tools some vehicles on it & how much i owe he wanted payment gave him £1000 .. second visit gave him another £1000 he said his doing the payment plan, i thought a payment plan was agreed by the bailiff on his last visit.. but turn up again to lock up the workshop from the orders from the landlord.. bailiff said im not to enter my spray oven & workshop & take anything.. or i will go to court..
i didnt think bailiffs could not hold your tools & stop you from earning

[Caspar]

Re: dbs bailiff locked my workshop with tools & customers car inside

I've tried to call in the troops for you on this one. You'll see I've posted a thread VERY URGENT HELP NEEDED PLEASE with a link to here.

Hope you get it sorted. If anyone can advise you, the people on here will!

[stuey]

Re: dbs bailiff locked my workshop with tools & customers car inside

I've tried to call in the troops for you on this one. You'll see I've posted a thread VERY URGENT HELP NEEDED PLEASE with a link to here.

Hope you get it sorted. If anyone can advise you, the people on here will!

many thanks all the best

[Amy]

Re: dbs bailiff locked my workshop with tools & customers car inside

This is a very convoluted thread.

The bailiff is not allowed to seize any goods not belonging to the debtor and he certainly is not allowed to sell those goods. Why is the owner of this car not chasing to have it returned? If the owner is aware the car is locked inside, why has its theft, because that is what this is, not been reported to the police?

Or are you saying the car locked inside belongs to the landlord?

What does it say in your lease about these service charges?

I think you should read the Bailiff Guide - Legal Beagles Consumer Forum for further information.

Finally, have you checked whether or not he is certificated, as he should be? Certificated Bailiff Register - Legal Beagles Consumer Forum

[stuey]

Re: dbs bailiff locked my workshop with tools & customers car inside

This is a very convoluted thread.

The bailiff is not allowed to seize any goods not belonging to the debtor and he certainly is not allowed to sell those goods. Why is the owner of this car not chasing to have it returned? If the owner is aware the car is locked inside, why has its theft, because that is what this is, not been reported to the police?

Or are you saying the car locked inside belongs to the landlord?

What does it say in your lease about these service charges?

I think you should read the Bailiff Guide - Legal Beagles Consumer Forum for further information.

Finally, have you checked whether or not he is certificated, as he should be? Certificated Bailiff Register - Legal Beagles Consumer Forum

hi amy
the bailiff locked the workshop down from the orders of the landlord or landlords solicitor. this happen last week. since then i have email dbs bailiffs stating this is not my car and need it to be released along with my tools.. also the owner have faxed dbs bailiffs stating he is the owner of the car and has all the paperwork plus sent them a sign for letter saying the same.

my lease ran out a couple of years ago everything verble he just started adding service charges on £100 a month.. told him i will not pay it.. but the agreed rent was £560 all in..

can i enter my locked workshop and just take my tools & other peoples items & car
thanks stuey

[Caspar]

Re: dbs bailiff locked my workshop with tools & customers car inside

hi amy
the bailiff locked the workshop down from the orders of the landlord or landlords solicitor. this happen last week. since then i have email dbs bailiffs stating this is not my car and need it to be released along with my tools.. also the owner have faxed dbs bailiffs stating he is the owner of the car and has all the paperwork plus sent them a sign for letter saying the same.

my lease ran out a couple of years ago everything verble he just started adding service charges on £100 a month.. told him i will not pay it.. but the agreed rent was £560 all in..

can i enter my locked workshop and just take my tools & other peoples items & car
thanks stuey

The answer to that clearly (and I'm not trying to be funny) is yes you can as long as you cut your own chain not their locks - I doubt the chain was on their list of assets. Problem then is what would the consequences of that action be? As everything is verbal I really don't know!

[stuey]

Re: dbs bailiff locked my workshop with tools & customers car inside

The answer to that clearly (and I'm not trying to be funny) is yes you can as long as you cut your own chain not their locks - I doubt the chain was on their list of assets. Problem then is what would the consequences of that action be? As everything is verbal I really don't know!

its my chain there lock.. the car is not on there list of notice of seizure of goods and inventory.. it also said group tools.. but i didnt think they can seize my tools that i need to make a living!! .. he said im not to enter my spray booth or i will be get done for it!! can they call the police and say ive broken it to my own spray booth & cut my own chain.... seems theres not much help on this site.. about commercial .. parking fines & council tax seems to get more response
thanks

[Caspar]

Re: dbs bailiff locked my workshop with tools & customers car inside

http://www.dbsltd.net/pages/legislation.html

Is this any help - quite a bit in here about commercial stuff.