The company I owed money to that gained the judgement was a firm of solicitors, I spoke to their head of litigation and he told me that he hadnt recieved my offer from sherfarce however they wouldnt talk to me again as they said I wa an opponent in litigation The activity report has some holes in it and does show what triggered the costs I di ask for it nut that triggered the fee hearing. I am picking holes in the sar and belive me their are plenty. Reference the levy fees they didnt get in my house or lsit anything in the garden but the show fees and valuation but I dont knbow what they valued. the first vist fee is shown as £175 financial mangement £160Admin £175 etc etc.I do understand the fees set out in the regs but they put these down as 'other fees not provided for' I still need guidance on the hearing procedure Onlyme I seem to have hijacked this thread my thread is running under Bailiffs Sherfarce fraud/deception it might be better to reply there to my queries

I wont be tempted !!! I dont need my money back, and I know it is just sitting in the bank waiting for me I do need some more guidance on the assesment hearing either PM me or if HCEO is a good guy he can post up the best way to proceed. I realise I am up against professionals who should know the law (even tho they dont always apply it correctly) All offers of help accepted but not necessarily followed onlyme

Hi WD I dont know how to advise on this item but it might be worth highlighting it to happy contrails and other active bailiff fighters with a PM asking thme to look your post up I am totally with ya!!!! onlyme

Dont worry about my CC claim I have an ace up my sleeve(well probably 2 or 3) I cannot lose the judgment!! against sherfarce. Just because we owed someone money due to naivity on my part and incompetence in the banking and legal fraternity, doesnt mean that we are stupid or unable to show the law is on our side A thief is a thief and with the help of many on here and others I will win and give someone a bloody nose. I want to stop these buliies from taking on others that are less fortunate with evidence and resources than I am. Ohitsonlyme

Subbing with great interst

MMMM??? Wonder whos looking in? I recieved notice today of a fee assessment hearing at the high court any guidance as to the correct route to handle this please send me a PM:???: I am still keeping the CC claim in process onlyme

Reply recieved re complaint to police stating 'Go to OFT or Trading standards' What a joke !! Reply going back to chief constable asking them to try harder and re read my first letter and if no satisfactory action is taken that I will proceed to the IPCC naming any officers involved as perverting the course of justice. onlyme

The HCEO (or bailiff) will go to extreme length to fob you off with excuses and try forcing you into applying for a Detailed Assessment hearing. HC Youve got me chuckling to myself I suppose they can try to convince me to go that route but they cant really force me too or can they? Accepting a Detailed Assessment hearing only gives the bailiff control of the proceedings. There is no obligation for the Judge to comply with legislation when making its findings, he does not advocate for the debtor and always works on the side of the bailiff. We wont go that route then will we?? ALWAYS use the Small Claims Track to recover unlawful bailiffs fees, you get full control of the proceedings and you have the bailiffs dancing to your tune. This is because court operates under the Civil Procedure Rules - which explicitly requires the Judge to comply with legislation in his judgments - and – the Judge has to advocate for you - the debtor, if you are unrepresented. I am now the Claimant not debtor any more Ive paid em off!!!and too much to boot!!! If you win, the bailiff company gets a CCJ against its name (NEVER accept a "Tomlin Order" as a compromise) What is a tomlin order? sorry I am being lazy and not looking it up- and that scuppers their application to renew their Category E (debt collection) consumer credit license. The law - Section 21(1) of the Consumer Credit Act 1974 - requires anyone trading in debt collection have a Category E consumer credit license. Applicants must have a 150% squeaky-clean credit rating before the OFT will grant a credit license. If the bailiffs cannot renew their license because of adverse credit information, then their careers as a civil enforcement officers is well & truly finished!!! The company will have to dissolve and reform with a new identity and guarantor (e.g. Drakes - now Marston), but if they continue trading in debt recovery without a license, they commit a criminal offence under Section 39(1) of the Act. That’s why bailiffs always pay very rapidly after filing the proceedings at court.If they pay up then the CCJ is satisfied but thats not enough,will that stop them from getting their licence?? I want to get them for fraud if I win in court so have already written to chief constable HC Thanks for your input I have as I said earlier already filed the claim so lets wait and see what happens now Onlyme

I dont just want my money back I want revenge for me and others that they rip off!! By giving me my money back they would admitting charging incorrectly and therfore Fraud!! I do not need the cash at this time so wont sign any F&F or non disclosure letters either so I should have them by the nuts Onlyme

HAHA, thanks for your good wishes dan, Knew you would be watching with interest I will keep you all posted. Any thoughts on direction I need to take if they follow thro with their High court assessment hearing at the same time as my County court claim? I wont back down I know they ripped me off and want them to suffer Onlyme

Hi Guys I decided to send the county court claim to sherfarce off today. I will keep you posted look out for fireworks over braintree!!! onlyme

HC I have filled in the form N1 and will issue it tomorrow to court but I need some reassurance that this cant back fire on me.Can Sherfarce win a case like this and then charge me for solictors costs? I know they have added extra visits to my fees which they later took off but havent refunded so they definatley owe me at least £200 plus WPA fees etc Onlyme

Who sent a writ? The writ was issued by my claimants solicitors at the high court and was addressed to a senior pesron (hceo) at the enforcment company

HC I have followed your previous posts to the letter and it works I am sure I have them by the gonads and I do wnat to squeeze em real hard I will get the claim form off on Monday and see what happens will let you know if I get an assesment hearing at high court. I like your attitude I DONT TRUST EM ONE INCH WHo do I name as the defendant?? the writ was issued to their head honcho!!!! onlyme

My LBA says that I will go to small claims against the Original creditors Is this the correct route to take ie is the original creditor liabel for the hceo actions? onlyme

I Plagerised the letter below from several others in particular Happy contrails it seemed to work for me got a reply within 7 days even with a postal strike !! now lets go to the high court!!! BY POST AND BY EMAIL Dear Sir Re: XXXXXXXXXX : Your fees. I write following visits by your enforcement officer, however there appears to an irregularity with your fees and I am writing to ask you to provide me the following within seven (7) days: 1) The name of the court that issued the certificate for the Officer in charge. 2) Written itemised breakdown of a) your fees, and b) the original debt. 3) The name and address of the organisation that instructed you 4) a) Truthfully confirm in writing your fees are lawful and comply with legislation or, b) refund me the unlawful fees plus reasonable compensation for being wrongly charged by your bailiff with his fees by midday the seventh day from the date of this letter. A bailiff or any other person who dishonestly charges for work that has not been done will be committing an arrestable offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. Case law requires I recover unlawful bailiffs fees from your client that instructed you. If you fail to make the required refund within seven days I will automatically proceed by filing the claim at court. This is a letter before action and is not a request to access any personal data as defined under the Data Protection Act 1998. This letter is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation. Yours Sincerely ohitsonlyme

I have reported it to the police and warned the original creditor that I will be pursuing them thro the county court No reply from them yet. Sherfarce have told me they are now applying to the High court for an assesment hearing, The police so far have only acknowledegd my complaint so no feed back there yet. How do I handle the assesment hearing havent had any docs yet so am probably jumping the gun but I want to get these rogues. Ohitsonlyme

I dont know how to respond to these thieves but,I have had the same experience with oakwood/mars, and they are taking me to court for a repo hearing!!! so My Judge will hear about it I sent a Subject Access Request and surprise surprise I got back a copy of their insurance invoice which was £370 less than they are charging me. Also within the SAR no reference to securitisation or who has the legal rights to do what!! Check your policies and dont let em get away with it ohitsonlyme Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The

I dodnt know how to respond to these thieves but,I have had the same experience with oakwood/mars, and they are taking me to court for a repo hearing!!! so My Judge will hear about it I sent a SAR and surprise surprise I got back a copy of their insurance invoice which was £300 less than they are charging me. Check your policies and dont let em get away with it ohitsonlyme

Subbing Onlyme

EiE thanks for the comments re arrears and repossessions from the FSA report, I intend to use it as part of my witness statment to prevent a repo in court 6th november vs Mars/Oakwood/Edeus Has any one any other good snippets that I can use about Securitisation (in particular regarding oakwood) Arrears charges being included and shown as arrears (to convince the judge of what a **** bag I am) I like you GR had a very succesful business until the banks decide to gain a bale out from government and use it to line their own nests rather than by getting the economy moving again and lending I too was self cert due to constantly re-investing my wages and keeping lots of others in employment We must beat these people where it hurts and stop repos as it will help the whole deck of cards to come down if the investors cant get their hands on the capital invested. Ohitsonlyme

Guys we need to calm down here a bit CAG is on our side and we should recognise that otherwise we wouldnt have got as far as we have to date. I certainly wouldnt be in a very good state f mind about all this c...p that is going o in my life without the help of sevral people on here. If the Mods have taken acouple of posts of then they will let us know why and I am sure we will get lots of help to pursue our goal of beating these robbers and cheats. Until the Mods get back to us with why the posts have gone keep up the posts and use PM if we need to develop a strategy or arrange a meet. Ohitsonlyme

Hi Dan boy place your anger towards the Dca's and debt Hceo's We all need to maintain the pressure because something will give Ohitsonlyme

Youre right Dan coordination is gonna be the key to success, these arent random cases. I think if we were to really dig deep a whole can of worms would be opened up.It does need to be confidential I am waiting to hear from Sherfraud following LBA I expect them to squirm all the way to the bank. Can we ask a moderator to look at setting up this list / meeting This could be a real feather in Cag's hat

Guys/Gals, where do we go from here??? can we start a list of all HCEO complaints so that a file can be issued to which ever authority we feel is right ,we first need to get numbers up so that it is a viable and triable list not as most outsiders might see it 'One or two scoungers Whinging cos we got caught out' this is a real possibility. We are an intelligent group who have gone thorugh tough times and are fighting against injustice probably less for ourselves than some others that dont have our resolve. 'Tough times never last tough people do!!' Robert Schuller please add some details so we can get a case together 1/ Lets fight bailiffs........... 2/ camera boy....... 3/Danboy............ 4/Ohitsonlyme: lies and therfore fraud against Sherforce LBA sent etc etc etc etc Others reading this please add your name and details to the list. Also send p.messages to to others you know that can add their details. I will start reading other threads and send Pms to make the list bigger Ohitsonlyme