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Trader Jim

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Everything posted by Trader Jim

  1. I've heard this sort of thing from somebody else, I'd like to see it happen. This woman and the rest of her cronies need to be put to rights.
  2. Well the news is.... Sherforce themselves put an Interpleader application forward which is basically a costs hearing. The master dealing with it dropped their costs from £1840 down to £660, I knew I would have to pay something and was happy with the results. Thankyou Tom tubby for your help. Now just to move forward with a complaint about their behaviour, now that it has been proved their fees were over the top.
  3. For some strange reason the payments I set up with Philips didn't go through so they added £200 to the bill. I paid the full amount I believed to be owed and sent an SAR. They got back to me saying that they were unfortunately overhauling their system and couldn't answer parts of my request and would send back my £10 A week later still no £10
  4. This is now between my solicitors and theirs and the court, I will post more about it once there is an outcome.
  5. They cannot claim they did not recieve it as it was not only sent registered but they cashed the cheque for £10 which had "For Subject Access Request" written on the back. I will email them, but I have done so before and never recieved a reply, so won't hold my breath.
  6. By the way the HCEO website seems to be having difficulties, very convenient.
  7. I have had no response from Sherforce regarding my Subject Access Request, so I will now put in a formal complaint to the court, OFT and all of the different Associations. Any other suggestions would be appreciated
  8. That's not true it is exempt under a clause stated on thier own website, they tried to tell me that I was only exempt up to £150 worth of goods including my vehicle, they will try it on all they can.
  9. Get some idea of what their fees are for, I have had an HCEO trying to charge me for all sorts of things they haven't actually done like walking possesions and valuations of goods. Send a subject Access Request letter for this info, there are plenty of threads on how to do this. It is most likely you don't owe them anywhere near as much as they are trying to charge. If you can pay the original amount and court fees off they are then chasing their own tails.
  10. Send a Subject Access request letter to the HCEO for a breakdown of fees, don't let the officer into your premises and try to pay the original fine and court costs. Then they are only chasing their own fees that they need to justify to you. I am experiencing something similar with Sherforce at the moment
  11. Something that has confused me and I hope one of you can enlighten me? On the AHCEO website it lists all of the HCEOs of which are the 4 from Sherforce, but the guy that visited me is not one of these and not registered himself. So I take it he is not an HCEO only working for them. So what rights does he have, should he be registered in any way? As far as i can see, I was never visited by an actual High Court enforcement officer
  12. I sent off a letter of complaint to equita about this to which they replied it would be dealt with within 14 days. 21 days past and just as I was leaving for the post office to post another complaint my own post turned up with a letter from equita. They say Having noted the contents therein and given the close proximity between our dispatching our notices of the 19 and 20 March and the Bailiff allocation I have taken the decision to review the cost element incurred to you. At the time of despatching the aforementioned notices the outstanding balance to pay our company was £261.13. in consideration of the circumstances I have arranged for you to be refunded the sum of £172.50 being the sum incurred as a result of Mr X and Mr Y's involvement. The amount of £261.13 as well as the credit card processing fee of £1.00 has been retained. I am sorry that the conclusion of the warrant has not been as straightforward as one would have liked but hope that by applying the refund you can be assured of our best intentions. The card used will be credited within the next 14 days. Ahhh, what nice people, and whilst I'm happy to get some money back it still doesn't add up. Should I be happy with what i got or go in for the rest too, I might even give the bailiffs who visited another call and ask for an apology being that the letter states they were in the wrong, I would love to see them squirm a bit.
  13. The other thing I forgot to mention was that the letter the HCEO gave me this time had the printed amount which looks like £2277 or something scribbled out and the HCEO had written £3169.28 next to it. Surely he cannot claim anything i he has crossed out a figure asked for by his company and added to by himself (not that i believe to owe them anything anyway)
  14. Went to the Police station and again was told it was a civil matter and I quote "why was I wasting their time with this." I'll wait for Sherfarce to get back to my SAR and see what happens next, then maybe use my Solicitor if they want to carry on. Should I contact the court and the company I owed the debt to with proof that I have paid the debt to the HCEO?
  15. Whist most of the fees are set out, the HCEO will claim most of its costs under section 12 (Miscellaneous), but these costs it says can only be awarded by the master, judge or court and they would need proof of that. Check to see if they have charged for walking possession and valuation, if they have never been onto your premises and had you sign anything they cannot charge this.
  16. The saga continues.... This morning the HCEO turned up again I answered the door saying "Hi, i take it you are the bailiff?" to which he answered "No, I am much more serious than that!" and tried to push his way onto my premises and I had to physically push him back out. Once outside he gave me anew amount to pay that he couldn't explain with roughly another £1000 in charges. I told him that I had sent a letter, SAR and cheque for what I feel is the correct amount. He said that it meant nothing and that he was going to come into my premises and sieze goods. I told him that they were exempt under sect99 and he said goods are only exempt up to a value of £150 and as a LTD company not exempt at all. I then asked if i could talk to someone in their office in Braintree rather than a call centre in India, to which he called me a racist and that I was talking about his friends. I can assure you I am no racist and only said this to make the point I wanted to speak to someone at head office. I spoke to the call centre who said they couldn't help and the HCEO said he couldn't do anything I needed to call the call centre. Any way i thought I would just call his bluff and eventually he went away, saying he would be back. I also called the police to see if I could enter charges of fraud against them, but they said it was a civil matter and they could not do anything or fill in acrime report. Anyone know more about this. Anyway, we'll see what happens next. Good news, I just had partial success with equita on an old parking ticket.
  17. From my own experience that was "Sherfarce", it seems that they can only collect the original debt and those charges made by the court plus a £45 fee. If they are claiming charges for walking possession, valuations etc that have never happened and that you never signed for, they are acting fraudulently.
  18. Can anyone help me with whether all of the judgement and Execution costs are right?
  19. This is the letter that i am writing to Sherfarce about my charges, if anyone can look over it and give their opinion before I send it off would be much appreciated. My biggest dilema is exactly what i do owe and should send them, i take it the judgement debt, judgement costs £210, execution costs- as provided under the writ101.75, interest at 8%pa £18 and Vat are all legal 21st April 2009 Your Reference :******** To whom it may concern, I am writing to you regarding a visit from your High Court enforcement officer and the amount of money your company is trying to charge me. On the 6th April your officer Mr. ********** called at our premises to collect money on your behalf. He brought with him a printout of a letter from your company and another letter claiming to be a High Court form No.55 – Notice of seizure. I was not in at the time and he spoke to my partner telling her that the money was owed and would she let him in, to which she said “No”. Instead she agreed to give him two cheques as it was not possible to pay the full amount immediately, the first for £2100 which has been cashed and the other post dated for the remaining amount of £2192.49. Now I have no problem with the amount owed for the original debt and any judgement costs, what I do have a problem with is the costs that your company has tried to charge and the way that they try to do it. First, your officer and you claim to have a walking possession, this is simply not true, a walking possession according to your letter has to be signed, secondly the goods that he apparently seized are necessary to our work and therefore exempt under Section 99, Schedule 7, para 2 of the courts act 2003 as set out in your own letter. I called your office to ask about how you had come to the amounts specified and was told a breakdown would be emailed to me, this never arrived so I called again to ask for one to be posted. This arrived on the 18th April and surprise, surprise the amounts are not the same as you were originally asking for. Having gone through the costs it seems that many of the amounts you are trying to claim seem wrong. You are claiming costs for a walking possession that never happened, a valuation fee on goods your officer never saw and a percentage of the amount recovered all under the High Court enforcement Officers Regulations 2004, Schedule 3. The rest of your costs come under miscellaneous HCEO Regulations Part C Fee 12 total £485 and obviously come straight off the top of your head. The fact that you can’t even match your figures proves this. The charge for the recovery of a CCJ under the County Court Fees Order (Amended 1994) is £65.00. It seems to me that what your company is trying to do is obtain money by deception otherwise known as Fraud! I have cancelled my second cheque with you and included anew one for the money it seems should be owed, I have spoken to my solicitor in this matter and I am sending a letter of complaint about your Officer your company and its Directors to the OFT, the Courts and the Solictors Regulation Authority being that is what two of your directors, Mrs Sandbrook and Mr Smith claim to be. If this situation is not dealt with immediately I will also be putting in a complaint to the Police under Section 2 of the Fraud Act 2006. I am taking this situation extremely seriously and have included a Subject Access Request Letter for a full breakdown of costs and any other information held pertaining to this case with a £10 cheque for doing so. I look forward to hearing from you very soon. Sincerely ************
  20. I found this as well that seems to contradict their charges, If I pay the charges, it seems to say that I am not responsible for any other costs as well PART 4 MISCELLANEOUS Fees 13. - (1) Schedule 3 to these Regulations sets out the fees that may be charged by enforcement officers. (2) Where the execution of a writ of fieri facias is completed by sale, fees 1, 2, 3, 4, 5, 6 (1) and 7 under Schedule 3 may be levied by deducting them from the proceeds of sale. (3) Where a writ is withdrawn or satisfied or its execution is stopped, the fees set out under Schedule 3 must be paid by - (a) the person upon whose application the writ was issued; or (b) the person at whose instance the execution is stopped, as the case may be. (4) An enforcement officer or a party liable to pay any fees under Schedule 3 may apply to a costs judge or a district judge of the High Court for an assessment of the amount payable, by the detailed assessment procedure in accordance with the Civil Procedure Rules 1998[8]
  21. So I have basically paid them £2100 already and I am going to cancel my cheque for the rest. Then i will send them acheque for what i believe should be the outstanding, but first I need to get that correct, If anyone can help me do this i would be grateful. I take it i pay all of the original CCj costs and then £45, the rest I can ignore. Obviously the HCEO will still come after the amount they feel is outstanding, do i just tell them to go jump?
  22. It was a ccj but then it apparently went to the High court , but we never recieved anything to say that was the case. The bailiffs letter say it is being made under a writ of execution by the High court. I take it they should have tried to collect on the ccj first and then apply to the High court if that couldn't be collected. We also never signed anything or let the HCEO into our property.
  23. The other thing is that all of the goods owned by my company are neccessary for work and therefore should be exempt under section 99. So can they charge fees on them?
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