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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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sherforce towed/damaged mates car over my business debt!! **paid repairs**


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In this case it may be better if certain things are kept off for now, Sherfarce are a nasty bunch and it isn't worth giving them too much notice of intentions, but some updates would likely be fine

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I thought that you went after the original creditor and possibly the bailiff co as a second party.

 

 

The bailiffs act only on the instruction of the creditor

so they are the ones who are liable for their agents foul ups.

 

 

Plenty of case law on these points,

 

 

including a recent one involving your bailiff co.

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Whilst I agree in part with what you say.

The Enforcement Agent is responsible for the goods in their care and must take all reasonable steps to look after them.

 

 

That duty of care may then be transferred to the contractor who removed the goods.

Eventually the duty will have passed to the place where the goods have resided waiting for sale or return.

 

 

It would appear that the OP has photographic evidence proving the goods were still in good condition when they were removed and would imagine this to irrefutable. It therefore suggests all the damage occurred either in transit or in storage with the presumption all this happened at the premises they were stored at.

 

The case however is not straightforward as the Enforcement Agent has removed without checking ownership first and when a 3rd party claim has been made it appears that they have more than dragged their heels in getting a resolve from the Judgment Creditor.

 

 

This to me says the Enforcement Co have a lot of questions to answer and fail to see how they can evade their reponsibilities over this.

 

 

They may decide to ignore and hope it goes away, if they want to show any form of backbone they should put their hands up in the air and say "sorry we were at fault, how can we help put it right".

 

 

Instead they will probably just do their utmost to wriggle out of it, blame everyone except themselves and cry once they are adjudged to the guilty party.

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would be better in the open

 

CAG is here to help everyone.

 

if your thread goes dead

it wont help readers in a like issue

that latterly come here

 

you found cag by reading and seeing like threads.

 

they helped you

 

keep it going.

 

dx

 

When dealing with the likes of Sherforce (and I speak from first hand experience) it is not advisable to broadcast your intended actions on a public forum.

 

There is nothing stopping a poster from taking advice by pm then updating their thread........ with caution

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I have to agree unequivocally with WD Sherfarce are highly dangerous,

and a loose cannon,

Huntress Foods and Capeneum,

along with the Bridlington fiasco evidence that,

 

 

incidentally Sherfarce have not fully compensated that unlucky businessman as of yet.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi everyone,

There was no intent on my part to exclude the forum from this and I want to help anyone who finds themselves in a similar situation.

 

I find myself in a difficult situation as if I post everything openly before this matter is resolved it is my friend who loses out again.

It is not really acceptable for me to jeopardise his case.

 

I am sorry if anyone feels differently but I feel he has suffered enough already.

 

When is appropriate and certainly when resolved I will make sure that it is fully posted to help others.

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That is the best plan susie.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 3 years later...

so time for an update then now you're back here.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry forgotten all about this , seems a lifetime ago.

Yes his car was returned, complete with damage caused by them. It took him 4 months to recover it as they made it as difficult as possible.

After another 7 months he got the damage repaired at their cost.

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Thank you

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Great for letting us know, Sherfarce are a disgusting company which should be wound up. Claire Sandbrook should have her Certification removed as she is now a USA Resident and cannot in all consience exercise due diligence over writs given to her that she sends to DCBL.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well their enforcement officers are an absolute disgrace.

 

 

When all this was going on the enforcement officer was waiting outside my house early one morning and filmed me, with his sidekick taking photos with a camera that had the longest lens I had eve seen.

 

 

I was only taking the dog for a walk!!

Terrible harassment

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I would have filmed the Sherfarce drones myself, to capture their harassment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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