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Moon phases


Parkinson's Bailiffs

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Parkinson's Bailiffs

Post by MaxFizzle on Tue Jan 30, 2018 11:28 am

Good morning all, I am a new member but long time follower of your works.

I own a small woodworking business and rent a property from Whittle Jones. I did a lot of work for one company and had to pay up front0 for materials etc. After the work was complete we were told payment would be made within seven days, six weeks later and we still had not been paid. Anyway, I ended up missing December's rent and then when January came by I missed the payment date of the 1st and didn't pay until the 4th, still owing a months rent.
I had received one letter from Whittle Jones, stating that action would be taken if payment hadn't been made. So on the 10th, I get a phone call from a man saying he worked for Parkinson's Bailiffs and that he was executing an enforcement by Whittle Jones to get payment and that he was outside my workshop with orders to change the locks if payment was received. My colleague had let him in but when I arrived he was sitting in the car. I spoke to him and told him I needed a little bit of time to sort this matter out. He said I was liable for a over £1000 for two months rent, maintenance payment, £90.00 for a letter I never received and then £282 for him to attend my premises. After showing him that had sent one payment, he recalculated it to be less. I went inside and immediately paid what was outstanding to Whittle Jones. I contacted a solicitor friend of mine and they told me to ask for a few writ, which he then said it was not required as he was acting under CRAR. I then went back in and read about CRAR and informed him that as no seven day prior notice had been given, he didn't have any authority. He said that it had been sent and I told him it hadn't been received. After I told him that the balance was now cleared with Whittle Jones so they were no longer given him authority to enforce changing the locks, he then refused to leave until payment had been made to himself. I then began questioning him on payment and told him I had no contract with him or the company he represents, I refused any paper work off him and told him to send all correspondence to the solicitors email address who was now acting as my agent. He then left saying he would be back Tuesday, this was two weeks ago and nobody showed up and nothing has been sent to the solicitor.
Yesterday I received an email saying that I had received an email with notice of enforcement stating I had received an email on the 2nd of January given notice of enforcement. No email could be found in my archives or trash. Today I also received a letter with the same notice. It states that I now owe just £90.00 and that I have until the 6th to make payment.
I am just concerned about where I stand as it is a commercial property and my van is constantly parked outside.
Any help would be greatly appreciated.

Regards, Max.

MaxFizzle
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Re: Parkinson's Bailiffs

Post by assassin on Tue Jan 30, 2018 7:25 pm

Nobody can let him into a property, by this alone he hasn't gained "lawful entry" as employees cannot let anyone into a property, not even the po-lice unless they have a warrant of entry.
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Re: Parkinson's Bailiffs

Post by Tiggy on Wed Jan 31, 2018 7:36 pm

Tenant’s right of appeal

The tenant has the right to apply to court for an order that no further step may be taken under CRAR, without further order of the court, in relation to the rent claimed. Conclusion The CRAR regime seeks to rebalance a landlord’s rights and put them back in to line with other creditors. While a tenant will no doubt welcome these changes, a landlord will be concerned by the erosion of its rights and the time, cost, and delay it will have to suffer when seeking to recover the rents that a tenant agreed to pay in its lease.

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