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    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
    • Farage rails and whines about not being allowed on the BBC ... ... but pulls out at the last minute of a BBC Panorama interview special. It was denied it was anything to do with his candidates being outed as misogynists and Putin apologists, or that farage was afraid Nick Robinson might throw some difficult questions at him ... despite farages recent practice at quickly cowering in fear.   It was claimed 'it wasn't in Nigels diary'     Nigel Farage pulls out of BBC interview at last minute amid Hitler row WWW.INDEPENDENT.CO.UK ‘Panorama’ special postponed as Reform UK party faces row over candidate who claimed UK would have been ‘better off’ if it had...   Waaahhhh
    • i'd say put lowells to strict proof of where the payment came from. cant hurt to send SB letter, even if proved not. at least they get your correct address. they'd have to link the old IVA times scale to a payment  these IVA F&F pots (if thats where it came from) most mugs dont even know they are not only taking most of your payments on fees but also creaming money off to supposedly offer F&F's.  funny when the IVA fails or is complete these sums of money in F&F pots never get given back or even mentions... these IVA firm directors esp with regard to knightsbridge and creditfix were fined and struck off more times than Paul Burdell of Link Fame and still managed to continue to scam people.
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Serfarce Fraud/ deception lets get them!!!!


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Guest Happy Contrails
then charge me for solictors costs?

 

The Small Claims Track specifically excluses any party claiming solicitors fees.

 

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. 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.

 

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. If you win, the bailiff company gets a CCJ against its name (NEVER accept a "Tomlin Order" as a compromise) - 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.

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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

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Guest Happy Contrails

A Tomlin order is a court order by consent of all the parties. A CCJ is unilateral and without consent of the party being sued. Tomlin Orders cannot be used for certain enforcement measures such as a 3rd party Debt Order. This the most popular method of enforcement against a firm of bailiffs – the money is debited out of their bank account - and often the bailiffs doesn’t notice until they get the execution fee letter from their bank afterwards.

 

A CCJ stays on their record until it time-expires, or the party being sued asks the court to set it aside. Until then its almost impossible to re-new a credit license because the OFT requires the applicant to be of perfect credit standing.

 

The police will drag their feet and look for excuses not to investigate. Their latest excuse is Police don’t have the recourses at this time. You counter this because police spend £950 an hour of taxpayers money chasing shoplifters and speeding motorists, ambushing them from behind bus shelters with an MD900 helicopter with civilian crew. You, at least want to be sure the bailiff is questioned under caution, and if the police fail to investigate then contact the Parliamentary Ombudsman.

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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

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six times i have had the plod out my friend and only the last one knew the law when it comes to enforcement. and i will keep them comming until i have enough of them to put a complaint in, this is the only way i can find out how many police officers know what they are doing when it comes to bailiffs.

 

LFB

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Guest Happy Contrails
R I will proceed to the IPCC naming any officers involved as perverting the course of justice.

 

The IPCC is part of the same fraternity, the Parliamentary Ombudsman has more bite.

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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

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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

 

 

Sharfraud are looking in. that's who.

 

Hello Fools.

 

Hows business? :D

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Guest Happy Contrails

The bailiff can ask for a detailed assessment hearing, thats their prerogative.

 

To be honest, the Small Claims Track (Civil Procedure) has been the only reliable way to recover unlawful bailiffs fees.

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Guest Happy Contrails
If you lose at the fee assessment hearing this will undermine your claim and you could be liable for costs,

 

He cannot be ordered to pay costs, it was the bailiff who filed the application for DA.

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He cannot be ordered to pay costs, it was the bailiff who filed the application for DA.

 

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...

 

:-?

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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

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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...:-?

 

Yes, I was referring to the claim for judgment by ohitsonlyme, however, it would seem he is confident of success against Sherforce and their solicitors. We will have to wait and see I guess.

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Guest Happy Contrails
it would seem he is confident of success against Sherforce and their solicitors. We will have to wait and see I guess.

 

That goes to show you know what your talking about. The small claims track cannot award solicitors fees to any party.

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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

 

 

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.

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Hi To All

 

A couple of year ago I had Sherforce contact me and I paid up asap as I knew no better, can I request info from them, etc etc?

 

I cant even remember what it was for but they were very pushy, and I think they were related as I got the impression that the daughter was dealing for her dad...

 

What do you advise?

 

 

Mr W

Regards..Mr Worried :)

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Guest Happy Contrails

You need some background information such as your bank statement showing payments to sherforce, contact the county court and find out the judgement amount and you can calculate the fees.

 

The law prescribing fees chargeable by a High Court Enforcement Officer (HCEO) for collecting unpaid debts is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. Broadly speaking it provides:

 

Where the sum due is £100 or less - 5%

Above £100 - 2.5%

Mileage Charges - 29.2p per mile Max £50

Seizure of goods - £2 per site

Signed Walking possession agreement fee (if you signed one) - £3.25 a day

 

That gives the amount plus lawful bailiffs fees, and subtract the amount paid to Sherforce as shown on your documents/statements. Ask sherforce to pay you plus interest 8% and pass a truth test on their fees. Wait seven days then file the claim in the small claims track.

 

If you dont have any proof of payment then just use the truth test letter and see what comes. Without any supporting evidence of payment you wont have much joy i'm afraid.

 

You can recover unlawful bailiffs fees up to six years from the date you paid them.

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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

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You need some background information such as your bank statement showing payments to sherforce, contact the county court and find out the judgement amount and you can calculate the fees.

 

The law prescribing fees chargeable by a High Court Enforcement Officer (HCEO) for collecting unpaid debts is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004. Broadly speaking it provides:

 

Where the sum due is £100 or less - 5%

Above £100 - 2.5%

Mileage Charges - 29.2p per mile Max £50

Seizure of goods - £2 per site

Signed Walking possession agreement fee (if you signed one) - £3.25 a day

 

That gives the amount plus lawful bailiffs fees, and subtract the amount paid to Sherforce as shown on your documents/statements. Ask sherforce to pay you plus interest 8% and pass a truth test on their fees. Wait seven days then file the claim in the small claims track.

 

If you dont have any proof of payment then just use the truth test letter and see what comes. Without any supporting evidence of payment you wont have much joy i'm afraid.

 

You can recover unlawful bailiffs fees up to six years from the date you paid them.

 

Hi

 

You mention unlawfull bailiff fees...I have paid various bailiffs over the years over the last few yrs, what can I do about this now?..if anything and is there a letter I can send?.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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Guest Happy Contrails

What kind of debt? theres letters for different types of debt collectable by a bailiff. And can you start a new thread - we are hijacking someone here.

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What kind of debt? theres letters for different types of debt collectable by a bailiff. And can you start a new thread - we are hijacking someone here.

 

Hi Happy

 

I have no idea what it was for as it was over 2 yr ago, can I just not write to them and ask for the info?

 

Mr W

Regards..Mr Worried :)

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