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

Couldn't have said it better me'self, and when you catch the thieves (get sucessful judgement), post it on here in all its glory.

 

Bet they try to do a deal before any judgment is obtained. Don't be tempted!

 

all the best.

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

High Court Enforcer, Happy Contrails is correct about the detailed assessment.

 

Are you referring to costs that may go against the claimant regarding the claim they have made against Sherforce if the claim is defnded successfully based on the outcome of the detailed assessment?

 

If so, I would agree that losing at the detailed assessment would not help ohitsonlyme's claim...

 

:-?

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

I agree the majority of fees are easy enough to follow until you get to:

 

C General Fees

12 Miscellaneous

Got them on that count no Levy no valuation etc etc

For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.

What is the ruling on these fees normally

This is where all the arguments seem to stem from, they add Admin Charges, Debtor Advice Charges, Scratching my bum until Debtor decides to pay Charges etc. This is why it is very important to not only get a screenshot of your account but also serve them a Subject Access Request so you get all the information which allows you to question their actions.

What is a screen shot or should i saty what does it look like I have a print off in my SAR that looks like the activity report but it is incomplete.

In my opinion they are caught cheating that many times it would be far easier just to do things properly in the first place. Remember that if the attending Field Officer is overcharging you then it usually follows that the Company he works on behalf of and therefore the appointed HCEO are all parties to the "crime", not forgetting the Creditor who let the dogs out in the first place.

DOes this apply to say a firm that instructed the HCEO I have reaad about it applying to councils but been advised that itr doesnt apply to all.How do I apply to get at the frim??

Subbing with interest,

Ohitsonlyme

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 imagine they will pay up on receiving the court claim, and the high court assesment would then be pointless?

Either way I cant see them avoiding a pay out.

Not sure though...

 

Only trouble is.. it's not just your money back that you need, you also need to squash them like bugs to stop this farce.

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

Wish you well with this one, and will be watching with eagerness to see what unfolds.

 

Please keep all updated mate. The have about 14 days odd from when they receive it, unless they extend to 21 in which to reply.

 

As usual wishing you all the worst Sharfraud.

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

You can be sure theres no detailed assessment hearing. Why would they shoot themselves in the foot my admitting to a judge they have been caught defrauding you with their fees?

 

This is a delay tactic. They are cacking their pants because you have caught them red-handed.

 

Just file a claim in the small track against the HCEO using the particulars posted above - and adjust the amounts accordingly.

 

The reason they are running away so fast is because of that letter of yours - it threatened litigation - and they are scared stiff of receiving a CCJ against them when you recover your fees. If they get a CCJ - their careers as HCEO's are finished! - An HCEO must pass credit check 100% squeaky clean before renewing their Category E (debt collection) consumer credit license to allow them to continue trading in any form of debt collection.

 

You have your HCEO by the gonads, how tight do you want to squeeze?

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

Hi, Can you post me a statement of truth template please....i also am getting half a SAR,and a you have not had any charges made to your account letters,when i know i have....

 

KILL LILL

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

Had letter from LMC stating that the buildings ins previously arranged by them has come to an end & there is an overpayment of £90 which they will reduce from the arrears.

Even though the policy schedule had to be shown in court,they wouldn't accept it & refund what was owed.

 

But the main thing noted is that the policy schedule MUST note the interest of SPML on behalf of LMC as mortgagee.

 

Does this mean we are NOT in a securitisation then?

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

hmm this needs to be pooled somewhere confidential as several of us all have cases on the 'go' I cant post up exact details of whats happening right now as it could affect the case, and I know ****** fraudsters view this site too.

 

Any ideas anyone?

 

It really needs a mass meeting held in the offices of an authority somewhere?

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

second thoughts, have you thought about pushing your case to the SFO, it would help the cause. I'm not sure whether this is more down to the initiative of the Police to instigate though. Defo will team up as soon as all ok to do so.

 

I'm sure a raid and lockdown on EDIT offices EDIT by the authorities would reveal a nasty can of tape wwwwooorms......lottss and lottts of them.

 

and get the cells ready lads they're gonna be full

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