Help needed, heavies at the door!

v8monkeyboy

Hi,

I post this on behalf of my friend who has just called from work.

Basically, they are in serious financial trouble, and are only just scraping by. Her husband rents a small industrial unit, and hasn't been paying the rent for the last two months.

He opened the door at home this morning to two 'heavies' (how it was described to me), who wanting the rent money now (£800), or they will take the car. He claims to have received no letters from the letting company threatening any action.

He has called the police, and they tell him they're not interested due to it be a civil case, and the CAB say that because the debt is owed, they simply have to pay.

I and they know they're not in the right, but I'm just wondering if there's anything they can do.

Sorry if this is in the wrong bit, but it was the only area I could find for lettings.

Thanks,

T

Mutton_Geoff

He claims to have received no letters from the letting company threatening any action

Did he write or communicate with the owner that he wouldn't be paying the rent?

just wondering if there's anything they can do

Negotiate with the landlord?

As it's a commercial let, different rules apply so your friend needs to take prompt action.

v8monkeyboy

Thanks for your reply.

Knowing him quite well, no, he won't have told them he wouldn't be paying, he'd just have cancelled the DD.

CLAPTON

in general they can't seize any property without a court order

neas

What did he think would happen?

Seriously!..... they just forget about the rent? If he can't pay any decent human being wouldn't bury their head in the sand as thats stupid and... not very business savvy at all.

I say let them take the car, learn a lesson... not paying someone 800 quid means they won't be able to pay the people they owe too... everyone needs to get paid or things get messy.. prob the guy is in arrears for the mortgage on the unit... or the money was needed elsewhere.

Nothnig is free in life.

teabelly

Commercial leases are different. Landlords can do something called levying distress which means basically sending round bailiffs to take goods to pay off what is owed. Normally bailiffs will take walking possession of whatever is around providing the are not 'tools of the trade'. They can also only take what is on the rental premises not anywhere else. They will also tend to take goods many times the value of what is owed as normally they will be sold off at auction and may only achieve a fraction of their true value. If he owes 2k for example they'll probably take possession of 10k's worth of goods. He'll get the difference after the LL's costs I think.

Depending on the terms of the lease the LL could just change the locks and evict him for non payment. Your friend needs to talk to the LL asap but now he's 2 months behind the LL might not want him to rent his premises anyway.

v8monkeyboy

Thanks guys.

Yes, people are that stupid - as I said they are in horrendous financial trouble. They currently have monthly outgoings of £3000, and an income of £2000. They are in the process of splitting up due to his behaviour concerning debts etc., and as my friend informed me when I spoke to her, it's the final straw.

As for teaching them a lesson - they've already been there and tried that in the past (repossessions). This business was never going to work, but he wouldn't listen. Also, the car which they're taking is his only method of getting his 3 kids to school.

It appears it's the landlord who's sent people round, not the letting agent, as they say thay have no knowledge of bailiffs being instructed. Incidentally, he's also been given 1 month to vacate.

ali82

I would park the car down the road, that way they can't take it away

Very nice Neas, bad things happen to decent human beings all the time, get off your high horse and stop being so self rightous

GDB2222

CLAPTON wrote: »

in general they can't seize any property without a court order

That's only true of residential property. The commercial lease can be forfeited straight away.

I would have thought that this couple should file for bankruptcy and get the pain over with - or possibly just him, it depends who owes the money.

v8monkeyboy

Thanks again. They have 3 kids, so filing for bankruptcy would see them homeless, as some loans (after CCJs) are secured on the house (if any of that's wrong, sorry, but I'm far from an expert). They were/are supposed to be doing an IVA, but he's dragged his feet and hasn't done even the perliminaries. She works 12-15 hours a day to make it all run round as much as it can, but there's only so much she can do.

As it stands, as I understand it, they both signed for most of the loans and also the lease.

Thanks again for all your help.

sooz

neas wrote: »

What did he think would happen?

Seriously!..... they just forget about the rent? If he can't pay any decent human being wouldn't bury their head in the sand as thats stupid and... not very business savvy at all.

Sadly, that is EXACTLY what many people do (decent or not), until something forces them to realise that they cannot keep on burying their heads in the sand. Hopefully this will give the OP's friend the incentive he needs to ask for help & speak to all his creditors.

If he can, he should speak to his LL immediately & offer to pay whatever he can now, rather than letting them take the car.