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killagorilla

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  1. Tomtubby, Would you please forward me the addresses as mentioned as I have some serious issues that I need to bring to the attention of those on high!! Towards the end of last year I actually lost a summary fee hearing regarding the excessive fee 12 charges and got hit with legal fees to boot. Then they failed to provide me with a hard copy of the Judgement from the High Court but still turned up and wheel clamped my car demanding full payment whilst adding further fee 12 charges to add insult to injury. I paid this in full there and then to get my vehicle unclamped as I was unable to run my business without transport. I then sent then a strongly worded email stating that they were in contempt of court by not providing me with the Court Order before attending and also stating that, again, they had added fee 12 charges without the court approval. Today I received another summons to appear at another summary hearing for the princely sum of £83.00 which was what was added!!! I find it utterly amazing that the courts are actually allowing these people to use them in this way! How can this be justified when they already have my full payment? I'm fighting angry now and want to take these bar-stewards to the cleaners so any input from knowledgeable members would be gratefully received.
  2. Thanks Guys. The levy for the first LO was for: Car Dinner Table = 6 chairs 2 seater sofa 2 armchairs TV (old) Glass Coffee Table Applemac Computer Laptop Printer Computer Desk The second bailiff just copied the details of the first levy. He claimed that because it was the same company with a second LO then he could legally re-levy the goods a second time. I will be sending off the letter above today, thank you for that. I will also be onto the Council to get there view on this too although I suspect they wll probably stick their heads in the sand. Anyways, the fight is ON!!
  3. Hi, I had a visit from a bailiff working for Ross and Roberts today looking to levy on goods for a Liability Order for Council Tax. The problem is that Ross and Roberts already have a previous levy for C Tax which was enforced about 3 months ago where I agreed to a repayment plan of £140.00 per month which is up to date. I had no advanced notice from anybody that there was a second LO for a previous years C Tax and I really wasn't aware that there was any outstanding but this second one had been sent to Ross and Roberts for enforcement. I obviously questioned the fact that goods were already levied on and so therefore he couldn't levy again but he was adamant that the same bailiff company could legally re-levy the same goods and effectively combine the LO's and keep the same repayment figure of £140.00 p/m. I asked to see his breakdown of costs and he did show me his charge table but when he pulled out the notes on the previous levy it clearly showed that 2 visits had been charged for which I knew was wrong. I pointed out that I was already seeing that I had been overcharged on the previous levy costs and was therefore not be happy to sign a new WPO with this clear over-charge already in place. He agreed to knock off £18.00 there and then. I then questioned the fact that I had not received any paperwork from anybody regarding this second LO and requested that he obtain proof of this prior to me agreeing to any subsequent WPO...even though I felt it was illegal to levy twice I was prepared to go along with this if it cleared the matter up once and for all. At this request he completely changed his attitude and began saying "hey this is a really old C Tax bill so I'm not happy now to even allow you to combine these. I now need full payment of this or I will begin removing goods immediately" I pointed out that he only effectively had one levy in place and that this was up to date with payment so had not defaulted, and a removal now would be highly illegal, but he got on the phone and was beginning the process of removal! With the fear of losing my goods there and then and having to battle to get this rectified through the courts I reluctantly agreed to sign his WPO but he then increased my payment plan to £240.00 p/m which I will struggle to afford now. I feel now, in hindsight, that I should of stuck to my guns and kicked him out and then reported him...but at that moment in time the fear factor of losing your goods and having to take on these clowns in Court to recover my goods was just not something I was too keen to go through, but now I've had time to think this through I am very angry and wondered whether anybody here could offer any advice of the situation. B
  4. That is fantastic advice and I will act on this immediately tomorrow. Thank you very much for your help, I'll keep posting further updates as they happen. Regards, B.
  5. I appreciate your help Ploddertom. I didn't acknowledge the service nor did I defend the case, so judgement by default. The judgement stated Forthwith as you say, and I didn't make any offer to pay. My circumstances had changed very much for the better so I was just going to pay it in full within 30 days...but they beat me to it! I will be around tomorrow morning from 7am onwards. Regards, B.
  6. Hi Plodertom, Yes I did know about the ccj and had every intention of paying this within what I though was an allowed 30 days but this was take up to the high court without any notification. I only knew of this when the HCEO knocked on my door. I am a sole trader. B.
  7. Hi All, I am currently having a battle with Sherforce regarding a writ of fi fa that was issued against me for a business debt that went through county court and within a few weeks was pushed through to the high court. My circumstance had changes for the better so it was my full intention to settle this debt before the 30 days I was given on the ccj but unbeknown to me the company had turned this into a writ of fi fa and the first I knew was when an HCEO turned up on my doorstep. The original debt was £1634.69 but by the time Sherforce had added costs, charges and more charges the outstanding balance, according the HCEO, was £2722.09! I offered to pay the full value of the writ there and then but the HCEO advised against this saaying that if I only paid the outstanding writ then the head office would smell a rat and assume that I would not pay the outstanding charges, and like a fool, and probably still in a state of shock, I listened this this advice. He advised that I should pay just under the writ value and I duly paid the sum of £1500.00. He then presented me with a Walking Possession Order and a payment agreement of £400 per month for the next 3 months to settle the balance. My head was spinning at this point and I reluctantly signed his order. I have since read a great deal about Sherforce and their mischievous dealings and realised that their outrageous charges are mostly illegal and decided that I would be fighting them over this. Today, Sherforce called me to get their hands on the first installment of £400.00 so I asked for a breakdown of the charges and received an email showing the statement and there is nearly £700.00 in 'Fees for Duty otherwise not provided for'. So the fight begins. I worked out the balance actually outstanding on the Writ of fi fa + the cost of execution which I guess is legal, got their banking details and transferred this amount directly into their bank account. I then followed this up with a phone call and advised them that now the writ was settled we would need to now discuss and agree a proper and legal charge for their part as I would not be paying their eroneous figures. Their reply was that I hadn't paid the writ in full as their charges were part of this writ and seeing as I had not paid the agreed £400.00 then they would be sending around a van to repossess my car which they claim to have levied on even though I wasn't aware of this previously. So, I am after some advice on my next step. I have considered going to the police and claiming fraud, or should I simply go back to the courts? Any help would be much appreciated. B.
  8. There was definitely no consultation prior to the TUPE and we (the staff) were only made aware of it after it was a done deal so may be I have some grounds there to fight. My current Job title is Production Manager and the Big Boss is now claiming that, due to the MIS (Management Information System) they have in place, this role does not require human intervention as much as my previous role required. Therefore maybe my role is 'redundant' eh? It is a very mixed bag of poo with everybody having objections left right and centre. I am also being told that sick-pay, which I was enjoying as paid, will now become SSP which is another change I'm challenging. Thanks again for any input on this Barry UPDATE: I have now had a discussion with the Big Boss and he clearly stated that my role no longer existed so I pushed him further on the redundancy issue. He didn't have a clear answer and suggested that we both take a few days to consider our options.
  9. Thankyou for your reply AaronM. I'm very grateful for your assistance. Re the earlier reply from old_andrew2007, I am not a member of any trade unions unfortunately. The new company is an amalgamation of 3 existing businesses, each with different T & C's. The aim of the management is to get all members of staff onto a shift pattern and a new allocated role to fit within the new structure but the role they have offered me is not something I have the necessary skills or desire to undertake, and changes my current contract for the worse from my point of view. There has been a period of 14 days allocated to accepting the new contracts which probably isn't a long enough consultation period. Are there any legal requirements on the company with regard to this period? If I refuse to accept then I understand they have the right to dismiss me but my question is; will I be entitled to a notice period, redundancy payment included or will I have no option other than to pursue them thro a tribunal? Barry
  10. Hi, The company I have worked for for the past 6 years was recently taken over and the new employer has offered me, and the whole workforce, new contracts that are vastly different from the current standing contract of employment. The new employer has offered me a new contract that changes my role within the company and I need advice on whether I can refuse this offer and still be legally entitled to a redundancy payment should it come to that? Can the new employer force me to take on this new role even though I am not skill nor have any desire to become skilled at the new role? Any advice on this would be gratefully received, Killagorilla
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