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Hi all, a few months ago I came here asking for advice regarding a levy that had been made against my husbands work vehicle (self-employed). That problem was with Phoenix Bailiffs.

 

Following the very helpful advice I recieved I wrote to the bailiffs explaining It was an illegal levy, and asking for breakdown of costs etc. Did not hear a thing for a while, then we got another visit. They claimed the van could indeed be seized as they could not get anything else as we refused them access. I asked for a copy of the legislation that states that and we have not heard from them since.

 

Next saga. This was not our only debt. My husband had a debt for judgement costs that appears to have gone to the High Court. Now we have Sherwoods on the case. They visited two weeks ago, took photo's of the house and stated they wanted the van that was parked up outside.

 

Today they phoned and said someone will be round shortly to collect it> Hmmmm

 

I know I need to get the paperwork ball rolling on this one as well. Do this company have more powers than phoenix? There is a schedule of costs that I will copy here if you dont mind?

 

A. Amount of judgment or Order (including interest awarded by judgment order £0

 

B. Judgment costs £750.00

 

C. If sent from county court by certificate interest post judgment or order over £5000 until the date of certificate £25.12 at the rate of 8% per annum. :???:

 

D. Costs of Excecution £101.75

 

E. Charges of Authorised high court enforcement officer £645.18

 

AMOUNT OF LEVY £1522.05

 

My concern is that if they do turn up, with or without the police and just blatantly state they have the power how do I stop it. I have there own paperwork that gives details of exempt goods. Would this be enough information to call the police and report a theft if they attempted to lift it? Surely they would need to prove they have the power but I have heard so many stories of the police just taking the Bailiffs word for it.

 

Sorry for rambling, its likely just scare tactics, right?

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Sorry to pester on this guys,

 

If I can just give a few more details. The original debt was for £750.00 unpad tax. A HM revenue solicitor became involved and asked us to pay. We paid but a couple of days later we recieved a letter saying, we were too late with the payment and they had already commenced High Court proceedings and this would incur £750.00 costs!

 

We called them straight away and said that we had paid so there was no need to take us to court etc etc, they said tough. We wrote to the High Court address disputing the charges, they did seem excesessive (£750.00 costs on a £750.00 debt) but this letter was either ignored or disregarded. Anyway it appears the Court dismissed the petition but awarded all the costs!

 

Now we have a bill, (got another today) this time for £1747.94 plus we can expect to pay an additional £625.00 plus VAT.

 

We have never had any information from any court re. this debt. Only Sherforce and the Hm revenue solicitor. Who should we write to?

 

I fully accept that the £750.00 costs will likely have to be paid as we have let this run for too long, Its our fault. But Sherforce are charging extortionate amounts to recover on an extortionate charge in the first place.

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Hi HFC,

 

I must confess that I love the gravy too especially mopped up with their fries MMMmmm

 

Now to be serious.

 

I would contact the court immediately to clarify what judgement was made against you and what the terms are. Hopefully Tomtubby will be along shortly to give more practical assistance.

 

GK

 

If you receive useful, amusing, interesting advice from anyone please feel free to nudge the scales over there

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Sorry to pester on this guys,

 

If I can just give a few more details. The original debt was for £750.00 unpad tax. A HM revenue solicitor became involved and asked us to pay. We paid but a couple of days later we recieved a letter saying, we were too late with the payment and they had already commenced High Court proceedings and this would incur £750.00 costs!

 

We called them straight away and said that we had paid so there was no need to take us to court etc etc, they said tough. We wrote to the High Court address disputing the charges, they did seem excesessive (£750.00 costs on a £750.00 debt) but this letter was either ignored or disregarded. Anyway it appears the Court dismissed the petition but awarded all the costs!

 

Now we have a bill, (got another today) this time for £1747.94 plus we can expect to pay an additional £625.00 plus VAT.

 

We have never had any information from any court re. this debt. Only Sherforce and the Hm revenue solicitor. Who should we write to?

 

I fully accept that the £750.00 costs will likely have to be paid as we have let this run for too long, Its our fault. But Sherforce are charging extortionate amounts to recover on an extortionate charge in the first place.

 

I am VERY interested in this !!

 

Firstly, although the levy on your goods is being disputed...there is still a levy with Phoenix Commercial and therefore a PRIOR levy exists. Sherforce CANNOT levy upon this item.

 

They cannot force entry either and a letter need to be sent to them asap but before doing so plese see below:

 

 

 

In the first instance you say that the debt owed to Inland revenue was £750 which coincidentailly is the minimum amount that any creditor can issue bankrputcy proceeds against. Was this the correct amount?

 

You say theat HM Reveue had said that the payment was too late. Had they already issued proceedings against you for bankruptcy. I know that they have said that the payment was late but I am trying to establish whether ot not they actually served you with a petition or not.

 

If a petition was issued against you this is normally done in the High Court and if so was there an adjounred hearing or did you pay before any hearing.

 

Why this is important is becuse HM Revenue would have incurrred a petition fee of £605. In any event if the petition had been issued and the bankruptcy was cancelled then HM Revenue would still be liable for the court fee of £190 but the Insolvency Service would REFUNDED them £415 ( not a lot of people know this!!)

 

On the matter of the £750, have you been provided with a breakdown of how this charge had been made up becuae we have seen so many of these such cases and in EVERY case the costs are £750 even when there have been adjouned hearings !!

 

I am aware of some people who have challenged the validity of these charges of £750 but in order to advise further it would help if you could answer the above questions.

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I have sopken to other half and he remebers quite clearly the following.

 

One day last year he was visited in person by a representative of HM collections with an official letter that stated they had applied for Bankrupcy proceedings. The man left and my husband called him back within hours (after phoning the bank and arranging an overdraft) I got the sum wrong BTW it was for £8,000.00. OH asked how to pay as there was no details on the letter, could he do bank transfer etc etc

 

The gentleman stated, you might as well wait as you will be recieving a further notice and that will give you all the information as to where to send payment etc etc.

 

Next thing he recieves is the Court Hearing date in London, with the additional £750.00 added on for good measure. Oh paid the petition amount only. He contacted the solicitors to plead his case, complain etc but it fell on deaf ears.

 

Then I understand he recieved a letter from HM Solicitors saying they had been awarded the £750.00 costs, no breakdown.

 

Thanks for helping.

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Yesterday i wrote to Sherforce (e-mail and post) telling them that the van they had levied against was the subject of a prior levy and was also exempt goods.

 

Today a gentlemen arrived again, this time advising us in his letter the total amount due is £2468.55. His letter stated he arrived to supervise the removal of Goods which belong to the defendant. He was alone in a car.

 

Help! The charges are just becoming ridiculous! Can HCEO's charge more than certified Bailiffs?

 

Thanks in advance

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Husband has just had a telephone conversation with the gentleman named on Sherforces letter. He states that he has every legal right to seize the van. He stated if it is a works vehicle we will have to prove that at a later date in Court! After it has been seized.

 

I must admit, these guys have me worried.

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That's not true it is exempt under a clause stated on thier own website, they tried to tell me that I was only exempt up to £150 worth of goods including my vehicle, they will try it on all they can.

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All scary words to get you to pay! They're a business too!

 

He can take the van unless it's levied on prior or it's owned by a TP. Giving them written notice is enough but must be prior to anyone removing anything. I've took Bentley's from drives before for payment of debts that the wheels alone would cover! I wouldn't think twice about taking a van for a debt.

 

P.S When the guy arrived in his car. I'd have offered to start loading my goods into his car. Watch his face!

".....till Debt do us part...." :cool:

 

[sIGPIC][/sIGPIC]

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Husband has just had a telephone conversation with the gentleman named on Sherforces letter. He states that he has every legal right to seize the van. He stated if it is a works vehicle we will have to prove that at a later date in Court! After it has been seized.

 

I must admit, these guys have me worried.

 

I am sorry but this is wrong.

 

Goods CANNOT be levied upon twice. A prior levy takes PRIORITY !!

 

What the bailiff is referring to when he says that you will have to prove this at a later date in Court is that he is referring to an Interpleader Application. This is utter rubbish and means that HM REVENUE will be charges legal fees for this application which should not be necessary.

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  • 2 weeks later...

Hi all, thanks again for all your advice on this matter.A quick update, last week I wrote HM Revenue and Customs solicitors offering a payment plan for the £750.00 that was awarded in costs after the bankruptcy petition was dismissed. They have written back and telephoned with an absolute rejection and state we can only pay via Sherforce.Last week I wrote to Sherforce stating the van was exempt goods, subject to a prior levy and I requested a SAR. Today we had a telephone call from Sherforce asking how we intend to pay the £2,600 they suggest we owe.They (sherforce) claim that they can charge what they want as it is a High Court Writ. Is it? We are not aware of any writ. We are just locking doors and windows at the moment. Any further suggestions welcome please.I am thinking of just sending HM Customs a cheque/postal order, or even BACS the first installment (made payable to them, not sherforce) Then I was wondering if I can apply to the High Court for a variation order. We can most certainly prove hardship.

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The van is exempt from seizure due to it having a prior levy and therefore Sherforce cannot levy on this vehicle and they should remove all fees associated with the attempted levy.

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