lets fight bailiffs v sherforce

[hallowitch]

whats an interpleader

[lets fight bailiffs]

sorry.

an interpleader is a chance to not only reclaim your goods but also to complain about the actions of the bailiff in front of a master at the high court of justice , and a chance to apply for compo from the bailiff.

[letsmakeamark]

Interpleaders can bugger up the most perfect of perfect crimes that bailiffs commit.

[casbah]

so, if the bailiff has turned up with a seizure notice, then at some point he must have levied against the goods. If so then the bad guy has broken the law by selling goods that have been "seized". Thats a criminal offence adding weight for the police to prosecute isn't it?

[tomtubby]

Interpleader applications are becoming more and more common and we are finding many more of these in particular with High Court Enforcement debts.

 

In the first instance, bailiffs may ASSUME that goods belong to the debtor and the onus of proof is on the DEBTOR and NOT the bailiff to prove ownership. This case law has led to many bailiffs/high court enforcment officers removing goods that do not belong to the debtor. In the first place this will mean that the bailiff himself has been able to apply a levy fee, removal fee and the necessary storage charges. These fees can be very substantial.

 

HOWEVER, the rightful owner will then contact the bailiff company etc to make them aware that they have removed goods that DO NOT belong to the debtor. Some bailif companies will release the goods if they know that they have done something worng...others insist than an Interpleader Application is made. This is provided under the Civil Procedure Rules and the bottom line is that the application is made to the Court and it is for the District Judge in the County Court or the Master in the High Court to decide who owns the goods.

 

In this particular thread there is a 3rd party who has claimed that he owns the goods that have been seized by Sherforce and for this reason Sherforce have applied for the Interpleader Application which will be heard in the High Court before a Master.

[letsmakeamark]

Do not forget this thread is probably being followed by sherforce and could be used against the op ?

[lets fight bailiffs]

this is true but i have said nothing in this thread that i wont be telling the court, things thay can use against me would be if what i said was lies and things that cant be proven, in fact we have so much proof it hurts around (75 A4 pages) all accounts ,bank statements, insurence docs, an accountant, police cctv , and two independent witnesses and conversing with a child in our garden on cctv what can thay hit me with now.

[caro]

Do not forget this thread is probably being followed by sherforce and could be used against the op ?

 

I don't see anything they could use against the OP. Perhaps they'll learn something about how they should behave and what to expect if they don't act as they should.

[lets fight bailiffs]

up till now i have been dealing with the third parties solicitors but now thay say that thay are no longer dealing with him, so looks like even thay know thay dont have a case to take to the high court, not looking good for the third party or sherforce as the truth is braeking this case apart with only one week to go.

[gstanny]

bump

[letsmakeamark]

You can be done for trial by media and your case can be thrown out.

Edited April 17, 2009 by letsmakeamark

[lets fight bailiffs]

What Does This Mean

[letsmakeamark]

They can have it struck out as you have started to publish details in the public domain without a hearing or final decision. Once you get a final decision/ judgement you can then post what and how you want. Trust me i know.

[hallowitch]

lets fight bailiffs not seen you around hope everything OK

[l phillips]

anyone know about jacobs baliffs re council tax asking me for 100 pound a month witch i carnt pay?

[hallowitch]

I phillips please start your own thread give a bit more info about your situation with Jacobs and you will get plenty help

[lets fight bailiffs]

thanks for your concern yes we are ok putting case together as it is high court day on monday hope to give good news when i get back

[hallowitch]

good luck for monday

[lets fight bailiffs]

thanks we will need it i will let you know how we get on

thanks again

[tomtubby]

thanks for your concern yes we are ok putting case together as it is high court day on monday hope to give good news when i get back

 

Please do let us know what happens on Monday......

[lets fight bailiffs]

well you will never believe what is going on, cant say too much but it is looking good right now will know in next fer days keep watching and i will let you know.

 

thanks

[hallowitch]

watching and waiting fingers x:)

[lets fight bailiffs]

well job well done with a massive thanks to tomtubby who now has the release forms for all our goods and both vans. as it turns out i did not have to drive 500 miles to londen like i did, it did not have to go to court in fact at all, and it turns out like i told sherforce at the very start thay had no right to take the vans,

 

thankyou to all,

keep on helping peaple on this site not only for advice but it does give peaple hope, you will never know how gratefull i am thank you and i also will now set aside time to help peaple on this site when it comes to bailiffs. and court orders as in the name lets fight bailiffs.

[hallowitch]

congratulations well done

[tomtubby]

well job well done with a massive thanks to tomtubby who now has the release forms for all our goods and both vans. as it turns out i did not have to drive 500 miles to londen like i did, it did not have to go to court in fact at all, and it turns out like i told sherforce at the very start thay had no right to take the vans,

 

thankyou to all,

keep on helping peaple on this site not only for advice but it does give peaple hope, you will never know how gratefull i am thank you and i also will now set aside time to help peaple on this site when it comes to bailiffs. and court orders as in the name lets fight bailiffs.

 

Thank you so much for this.

 

As we discussed, these vehicles were taken quite some time ago and for this reason it is so important to make sure that you take a camera and witness with you when you pick up your vehicles to record any damage that may have happened.

 

The fight continues as we know...but at least the vehicles can now be picked up.

 

Have a great bank holiday !!