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Thegreenpimpernel

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Everything posted by Thegreenpimpernel

  1. If is regarding a CCJ, which it sounds like, then yes they will be acting as High Court Enforcement Officers. Though don't get too alarmed, their 'extra powers' are not applicable to residential properties, though they are notorious for overcharging. There are plenty of threads about this, and a couple of experts on the forum (though they deny being 'experts' out of humility!). Usual advice. Don't let them in. They cannot force entry, with or without police, locksmiths, Godzilla........ Don't leave anything of value outside (especially cars) or in out buildings, which HCEO's can enter.
  2. Deadwood. You are propagating a circular argument. i.e. that there has been no prosecution, therefore there can be no prosecution. This is always the case with new legislation, its actual meaning decided by which cases pass or fail the test in the first few years. Though i have to agree with you regarding police inaction. Someone at a telecoms company took money from my partners bank account after finding the details on an old (defunct) direct debit form. She hadn't even had an account with them for two years and owed no money. The bank said it was fraud, plain and simple. The bank refunded her the money and said they would persue the case against the offender. When we went to the police, they said "you got the money back didn't you, so we can't do anything" I pointed out that the MD of the firm was a well publicized convicted fraudster and was doing the same to many others. I said i was going to gather evidence of this and bring it to them. They said "you can't, we will not look at it" I kid you not! So there you have it folks. Feeling a bit skint? Take £100 from 1000 bank accounts without permission. If 100 of them complain, give it back, keep the other £90,000 A business enterprise endorsed by Greater Manchester Police. Sound familiar?
  3. Agreed, not legal force Deadwood. But in this case we were talking about defamation and whether it is correct to define the repeated deliberate overcharging by bailiffs as fraud. The extracts show that this was the intent, and effect when defining fraud as per the 2006 fraud act. With regard to possible prosecutions, it does provide strong guidance to the CPS because it underlines the 'spirit' of the legislation, and underlines the public interest in perusing such cases. In all other instances where these three boxes are ticked (evidence, legislation and public interest) the CPS claims it is obliged to prosecute.
  4. "be careful with these they are fruadulent company" I'll second that. They are part of the CCS / Birchalls / Rundle & Co axis of evil (basically the same company run from the same office.) When they tried to hit me for £350 for one visit on one day, the lady in the office (after a long pause and deep breath) admitted that deliberatly falsifying charges was fraud. The charges were ALL removed.
  5. Usual questions suaucy. Have they been into your house? Levied on a car on your drive?
  6. Deadwood. Yes libel threats are very hard to defend. But in this case, the subject of our accusations has taken the unusual step of distributing written proof of her overcharging to her victims. Furthermore, it was the House of Lords that defined repeated, deliberate overcharging by bailiffs as fraud. So i think we might just be alright on this one!!!!
  7. Try squeezing into a pair and ask if you can 'work the debt off'. See how fast they leave.
  8. No experience with Next tbag, but generally speaking high profile national companies tend to be the most accommodating re payment plans and installments. In your case they will be secretly delighted to get anything. Small catalouge debts enforced by county court bailiffs have an abysmal collection rate.
  9. The entire second half of her 'argument' is basically gloating at the fact that by virtue of their financial circumstances, her victims cannot afford representation in court. Where as, by defrauding those who don't know better of upto £2000 a time for knocking on a door twice, they can afford barristers (otherwise known as the judges protege / golf buddy). She fails to mention how many complaints never reach court because they (sherforce) wouldn't dare turn up. Laugh while you can Claire, the makeup of the judiciary, and the power of the masses is changing faster than you (or a north African dictator) can ever imagine. Question: How many bailiffs careers could you end with a laptop, some cheap wireless cctv and a coordinated group on the internet?
  10. Quote from the article. "Some people out there may think that it is part of the job of a High Court Enforcement Officer to allow themselves to be harangued by debtors," I do Claire. What are you going to do about it?
  11. They seem to be asking for comments on their site. Anyone got the time to collate all the threads where their charges have been successfully challenged? Then we can leave some 'nice' comments, backed up by facts.
  12. "VAT on Sherforce Fees £413.96 - unfortunately they are allowed to charge this" But remember to reduce it inline with the disallowed fees!!!!
  13. Just for the record. They are normaly much harsher when collecting business rates, and i believe they can remove goods on the first visit if the debtor refuses payment or WPO / payment plan. I would like to be proved wrong, then i can get my local authority to change their published bailiff policy which states that 50% of the NDR arrears must be paid or goods removed on first visit. This has no bearing on the op's situation. i.e. they cannot charge the visit / levy / van 'combo' in one visit.
  14. In this situation i usually recommend paying ALL that is asked for to halt any further visits, then claim it back. Correct me if i'm wrong, but it seems than on the WPO you have written proof of the visit, levy and 'van fee' on the same day, so should be straight forward. I would also caution that unless you have the 'end of the month' as a due date in writing, that the bailiff may appear at any time in the next week. In which case you will owe a van fee, because it will be your word against his re. the 'end of the month' agreement.
  15. Polly. There is a saying, "there is nothing to fear but fear it's self" The only way this will go wrong for you is if you: a) give into the fear these bullies try and induce, and let them in.......its their only weapon. b) Ignore the problem. You are going to do neither. So chill out.
  16. BTW - Companies house will only keep records for LTD companies. Another way to check out a trader is to make an inquiry with HMRC regarding their VAT No. I've never done it personally, but if you ring up and say this person has provided a VAT no but not their identity, they might be able to help.
  17. It's probably not the case here, but.. When looking into trading entities, there is an extra layer of confusion to melt your brain. Especially if the trader doesn't comply with the law regarding the disclosure of their true identity on invoices etc. The problem is that you can have a Ltd Company, lets call it the 'Acme Motor Co Ltd', but it is common to add an extra 'layer' whereby the 'Acme Motor Co Ltd' can trade as (T/AS) whatever they like. For example, The Acme Motor Co Ltd T/AS The Toytown MOT Centre! If they don't comply with the regs, they might just give you a receipt from 'The Toytown MOT Centre'. You can start to understand why they don't want trial by jury for complex fraud cases. Imagine six months of evidence involving 12 different 'entities' in five different countries......
  18. The Domestic Crimes and Violence bill thing. Yes, Harriot Harman decided that the best way to protect women from violence, was to authorize unscrupulous, un-vetted fraudsters to intimidate, threaten and maybe smash your door in because because your husband didn't have a tax disc or something?????????????????? Logic.
  19. They can break in for court fines, but only if you are willfully evading payment and they've been to a magistrate to get permission. It's very rare indeed. I think it happened around 28 times in 2009. When you put that in the context of £1,500,000,000 of uncollected court fines...... Deny them access, ignore the "i'll be back with police, locksmiths" routine and send an initial payment accompanied by a payment proposal. If you just ignore them, i would worry more about the police coming round to arrest him. They are having a clampdown round my way, its the police doing it, not the bailiffs.
  20. So Rossers are even prepared, and able, to rip the council off with illegal fees. Sometimes i feel sorry for revenues dept. staff, being placed in a confrontational job with no appropriate training. I hope some of them turn round and sue the councils for stress, and of course being complicit in fraud.
  21. And don't let him into your house when he comes back for this cheque, or you'll soon have a new levy fee and WPO fee added, then a 'van fee' and so on..... If he asks you to go and get a pen, because his isn't working then shut the door before you turn away. That's the kind of trick they use.
  22. Sounds like you're well on top of this. But being an eternal skeptic, i would say don't trust any of these people. If they agree to a payment proposal on the phone, send them an e-mail requesting confirmation of the agreement by return. Use the excuse of needing to know the exact due date for sending the e-mnail or letter. And yes, becoming Ltd and transferring the stock and assets does protect the goods from seizure, but if you can get a payment arrangement in place you will be able to think things through a bit more. Personally, having made the mistake myself before, i can't understand why individuals put their assets and sanity at risk by being sole traders. It's quick and cheap to incorporate, looks more professional, usually reduces the tax bill, and doesn't have the drawbacks it used to. For instance you will almost certainly be exempt from account auditing fees. There are things to consider, like a new bank account, return filing fees (£15 / year), account filing fee (£15 / year) and a possible tax liability if you made a profit 'selling' your stock to your company. Like i say, sounds like you are well up to this task. Create some breathing space and consider the way forward. Oh and NO they cannot break into your home.
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