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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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We are a small company in wolverhampton, our landlord instructed

Resolved Question:

we are a small company in wolverhampton, our landlord instructed bailiffs to recover late rent for our factory, rent invoice was dated 25th March, he instructed bailiffs 29th May, they sent out a notice of enforcement which we did not recieve in the post but when the bailiff arived yesterday morning and presented us with the form it had payment due to them by june 6th 2015 at 17.30. Before he arrived we had paid our landlord direct to his account last friday the 5th June, he recieved the funds in his bank that day on the 5th. The bailiff presented us with an enforcement notice yesterday for debt ( rent) £5400, compliance stage fee £75 and enforcement stage fee £931, when we proved to the bailiff the rent had been paid by the due date he deducted the debt figure and demanded the enforcement fee and the compliance fee £1006, is this legal, regards
Dave Tomney
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is this a private bailiff or a court appointed bailiffs?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

it is a private bailiff D2 Group from Chester

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If you were not warned of further action or that the bailiffs were being sent in then they do not have grounds to claim this money.
I would write to the Bailiffs and say:
- Under the Administration of Justice Act 1970 it is a criminal offence to pursue someone for money that they do not owe;
- Say that you had paid the landlord in full and any need for action was entirely unnecessary;
- Say that you have a business to run and if they continue to pursue you, you reserve the right to either contact trading standards or complain to the police.
I would note however that this will really depend on whether the landlord notified you of the bailiffs and his intention to recover the money - if he gave you a warning or demand and you did not react, in all likelihood you will probably have to pay this or risk dispute with your landlord.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

the bailiff arrived unannounced, he maintained they had sent us a letter on the 29th of May, this is not the case,we never recieved any such letter the same collection company e mailed us on the 3rd june about a seperate account for service charges which were due we replied to them within half an hour notifying them we would make payment on the 5th of june which they accepted and we paid direct to them as instructed in the e mail along with the rent which was paid direct to the landlord on the same day

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I think you have grounds to argue that you were not properly notified and paid as soon as you were notified.
I would write to them as I have detailed above and tell them to take this up with the Landord.
If this descends into a court dispute you will have to weigh up whether you want to settle it or defend it.
I look forward to hearing from you.
Kind regards
AJ
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