Serfarce Fraud/ deception lets get them!!!!

[tomtubby]

I have today received my SAR letter from sherfarce and it is full of lies deception and downright Fraud.

They have so many holes in their position that I can expose and now I want to take them to the high court.

I dont want to simply get my fees back but give them a bloody nose even the great CB is on the report so his involvement is very clear.

The SAR is incomplete and once I get all of their paper work it will be a very strong case.

I am angry and want to stop them doing this others that are not as fortunate as me.

I havea paid them off so that I can fight with out the concerns of them still coming after me.

They have already backtracked and are showing onlyone vist even tho they charged for 2 so my account with them is £200 in credit.

I will be writing to CB again asking him for full disclosure of information and records because they havent sent everything that is shown in the report

 

I now need help now with how to get them back in the high court to explain their behaviour

 

Ohitsonlyme

 

 

Can you send me a PM with details of he charges that have been applied.

[lets fight bailiffs]

Please do send Tomtubby the details and let her have a look.

 

LFB

[ohitsonlyme]

I have now recieved the reply to my SAR letter being incomplete

 

I sent the following letter

Thank you for the reply to my SDAR unfortunately it is incomplete, this is therefore now a Serious Dispute and you have 14 days to comply before I report your company to the relevant authorities as appropriate to this complaint

For the sake of clarity, your SDAR report does not contain copies of all documents listed in your activity report and I request again that you supply full copies of all letters, emails, telephone transcripts and activities shown in your screen shot including but exclusive to:

A complete screen shot of all activities not supplied

Copies of my letters to yourselves and your letters to me.Not supplied

Reasons that triggered the actions in your activity report and detail in any letters sent to me.Not supplied

Letters and email both to and from the claimant solicitor Wont supply due to third party action

Letters, email and transcripts from (man they tried to WPA )As above

Transcripts of my conversations with your enforcing officer xxxxx. Not available

Complete transcripts of all of my conversations with your agent xxxx.said already supplied (incomplete)

Transcripts of conversations between your agent xxxxxx and any officer referred to in the transcripts already supplied Not supplied

I also ask you to outline to me the correct procedure for issuing writ fi fa and reasoning behind fees charged to me. Dodged

I ask that you swear that this information I require with a statement of truth.

 

The response from C.Bodger basically ignored the requested information.

He states that hewill not sign a statement of truth unless this goes before the high court for a detailed assesment.

I dont want to ask too many more questions of them now as I feel I will have the upper hand in the High court.

 

I now need to know which is the best way forward with these shysters.

Any input will be apreciated

 

Ohitsonlyme

Edited October 25, 2009 by ohitsonlyme
named persons shown deleted

[ploddertom]

I have now recieved the reply to my SAR letter being incomplete

 

I sent the following letter

Thank you for the reply to my SDAR unfortunately it is incomplete, this is therefore now a Serious Dispute and you have 14 days to comply before I report your company to the relevant authorities as appropriate to this complaint

You don't have to give them this as it is a legal requirement to present a full SAR within 40 days. If they decide to withold they can be forced to supply everything by obtaining a Court Order - unfortunately it does mean more work and time and expense, but it does show you are determined to follow through.

 

For the sake of clarity, your SDAR report does not contain copies of all documents listed in your activity report and I request again that you supply full copies of all letters, emails, telephone transcripts and activities shown in your screen shot including but exclusive to:

A complete screen shot of all activities not supplied

Copies of my letters to yourselves and your letters to me.Not supplied

Reasons that triggered the actions in your activity report and detail in any letters sent to me.Not supplied

Letters and email both to and from the claimant solicitor Wont supply due to third party action

Letters, email and transcripts from (man they tried to WPA )As above

Transcripts of my conversations with your enforcing officer S Bowen. Not available

Complete transcripts of all of my conversations with your agent Sukhendu.said already supplied (incomplete)

Transcripts of conversations between your agent Sukhendu and any officer referred to in the transcripts already supplied Not supplied

I also ask you to outline to me the correct procedure for issuing writ fi fa and reasoning behind fees charged to me. Dodged

I ask that you swear that this information I require with a statement of truth.

 

The response from C.Bodger basically ignored the requested information.

He states that hewill not sign a statement of truth unless this goes before the high court for a detailed assesment.

 

In a similar situation you could allege fraud, deception & collusion between the Enforcement Officer, the authorised HCEO in your case & the Company. Will probably not go down to well with them, let them instigate proceedings before a Master.

 

I dont want to ask too many more questions of them now as I feel I will have the upper hand in the High court.

 

I now need to know which is the best way forward with these shysters.

Any input will be apreciated

 

Ohitsonlyme

 

Keep LFB up to speed.

 

PT

[cameraboy]

The best way forward?

 

O.k you can go at head office till you're blue, but all that will happen is the court will probably eventually award you costs and your cash back that they stole from you and they will be off into the sunset repeating the

same thing again and again...

 

Who signed the paperwork pushed through your door? I would insist to the Police that this person is arrested immediately under the fraud act 2006. After they have done this, they can then raid the offices of Sherforce under the Proceeds of Crime Act.

 

IMO they have furnished and operate their nice new office block from the Proceeds Of Crime, so the whole place should be searched and all incriminating paperwork bagged and tagged. All persons employed there should be interviewed and where appropriate also arrested and charged.

[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

[danboy381]

hello mate. I dont think theres a lot that you can do until the hearing. I've no experience of an assesment hearing but hopefully someone has here - probably LFB?

 

Wait for the hearing and see what the outcome is.

 

No doubt the court will sort the fees in your favour.

 

I'm very interested however, as to how the Police respond to your complaint. If they telephone you kindly insist that they put it all in writing 'cos then its in black and white, and then you can look at further action.

 

The Police should stop shirking their responsibilities on the bailiff industry and should be like dogs with Big teeth...

 

...but unless you are speeding and theres an easy £60 quid for them.... u know the score...

 

Time for change.

Edited October 24, 2009 by danboy381

[killylilly]

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

[ohitsonlyme]

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

[ohitsonlyme]

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

[Guest Happy Contrails]

Is this the correct route to take ie is the original creditor liabel for the hceo actions?

onlyme

 

No its not, there is no legal precedent saying a creditor is liable if an HCEO instructed subsequently defrauds a debtor with hsi fees. Only in parking tickets and council tax cases (council tax cases, its a Local Government Ombudsman ruling - but the prcedure works nonetheless).

 

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 - £3.25 a day

 

Transport and storage of removed goods/valuation - the law provides "Reasonable costs" - See: Culligan -v- Marston Group Ltd et-al, no. 8CL51015 the court ruled that because the Bailiff produced no breakdown of his charges, he is unable to show that it is reasonable costs. Therefore, van fees, tow truck fees and attending to remove fees = £0.00.

 

When you attend your detailed assessment hearing over your fees, the Judge should evaluate them accoringing to the law. Do you have an assessment date yet? dont be surprised if your HCEO is bluffing they are applying for hearing because they stand to lose most if they have been cheating with their fees.

 

Unlike certificated bailiffs, HCEO's cannot enter a property without permission. They are the same as a common debt collector but with a fancy name.

 

The following procedure currently has a 100% success rate. The letter below asks the HCEO to pass a truth-test. Three things can happen, 1) The HCEO can try to convince you his fees comply with legislation – and you now have a written confession he intended to defraud you. 2) He can refund you – and this is mitigation the HCEO intended to defraud you. 3) No reply – you can proceed with litigation against HCEO and council. In any event, you have caught the HCEO with pants at half mast with this letter.

 

Name of HCEO Firm

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your High Court Enforcement Officer, however after seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

 

1) Written confirmation of your fees

 

2) Written confirmation of the original debt

 

3) The name and address of the organisation that instructed you

 

4) Truthfully confirm in writing that your fees are lawful and comply with legislation or b) refund me the unlawful fees plus reasonable compensation for being cheated 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 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. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It 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

 

 

YOUR NAME

Copied to: [NAME OF MAGISTRATES COURT ATTN: THE COURT MANAGER]

 

 

If you don't get a refund in seven days or the bailiffs fob you off with excuses, download and complete a Form N1 from the HMCS website. The Defendants are addressed as:

 

[NAME OF HCEO COMPANY]

 

Brief Details of the Claim - enter - Reclaiming unlawful bailiff's fees.

 

Particulars of claim:

 

I received the defendant, a High Court Enforcement Officer collecting an unpaid debt. The defendant dishonestly charged me [£AMOUNT] contrary to Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004 prescribing fees chargeable by a High Court Enforcement Officer. The law does not provide for the defendant to charge me any fees where no goods have been transported or sold by them. The defendant did not move any goods in a van and I did not sign any documents for them. I have been defrauded by the defendant who is cheating with his fees and I asked for a refund but it was the defendant’s choice to keep the money. On 20 April 2007, Lord Lucas in the House of Lords asked HM Government (inter-alia) "whether it would be right for the police to claim that such an action is a civil and not a criminal matter"? Baroness Scotland of Asthal, The Minister of State, Home Office replied: (inter-alia) "A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006". Reasonable costs have been defined by District Judge Advent on the 9th & 24th September 2008 presiding over Case No 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that “because the Bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable". I claim i) the sum of [£AMOUNT], ii) Interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from the date the money became due at the daily rate of 0.00022%, iii) reasonable costs the court thinks fit for being defrauded by the defendant iv) Reasonable costs the court thinks fit for Discovery of Information and compiling this case for court, v) costs allowed by the court at the prescribed rate.

 

If you are on a low income then complete an EX160 fee remission form.

 

File the Form N1 at you local county court. The claim will be defended (with the same old bailiff's ramblings) and the court will send you an allocation questionnaire. Keep all documents and receipts given to you by the bailiff and await the hearing date. Do not be bullied by bailiffs or their barrister outside court to get you to drop the claim. You want ALL your money back plus your costs and interest in CLEARED FUNDS. Go before the Judge and ask for it. When the judge has awarded your judgment, always ask the judge for your "costs of today at the prescribed amount", he'll award you an extra 60-quid on top of your costs. Remember, you are a litigant-in-person and court rules say the judge must advocate for you in court.

 

When a bailiff defrauds you with his fees he commits an arrestable offence.

 

The Chief Constable

Name of Police Authority

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Reporting a crime committed under the Fraud Act 2006

 

I enclose a document given to me by a man saying he is a High Court Enforcement Officer (the suspect). He charged fees £AMOUNT when the law does not provide for any. The law prescribing HCEO fees is Schedule 3 of Regulation 13 of The High Court Enforcement Officers Regulations 2004 and only provides fees of [£AMOUNT]. The law does not provide for the suspect to charge me any fees where no goods have been transported or sold by them. The suspect did not move any goods in a van and I did not sign any documents for him. I have been defrauded by the suspect who is cheating with his fees and I have asked for a refund without success.

 

I appreciate the police have a propensity to dismiss bailiff crime to be a civil matter, but the official legal position is the suspect commits an arrestable offence under the 2006 Fraud Act. Lord Lucas at the House of Lords on 20 April 2007 when he asked HM Government whether it would be right for the police to claim that such an action is a civil and not a criminal matter. The Minister of State, Home Office (Baroness Scotland of Asthal) replied with, inter-alia (quote) A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006 (unquote).

 

Section 1 means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where 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. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The law can provide reasonable costs in respect of bailiffs transporting goods in a van (attending to remove fee) however no goods have been levied and no document has been signed by me. District Judge Advent on the 9th & 24th September 2008 presiding over Case 8CL51015 Anthony Culligan (Claimant) v 1. Jason Simkin & 2. Marstons (Defendants). The court ruled that (quote) because the bailiff produces no evidence as to how the charge had been arrived then he unable to show that it is reasonable (unquote).

 

Any offence committed under the 2006 Fraud Act is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984. Please assign a crime reference number and I request the crime is investigated professionally and objectively and I am happy to help you in your enquiries and stand as a prosecution witness at trial.

 

Yours Sincerely

 

 

YOUR NAME

Enc: copy of HCEO document giving contact details

 

If the police fob you off with excuses, write down the name and rank of the police officer and contact the IPCC and your MP with a written complaint of 'Perverting the Course of Justice'. It is an offence under Section 4 of the Criminal Law Act 1967 to conceal a crime under false pretences.

[Guest Happy Contrails]

Sherfarce have told me they are now applying to the High court for an assesment hearing.

 

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?

[ohitsonlyme]

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

[Guest Happy Contrails]

You name the defendant as - [NAME OF FIRM] a firm.

 

If their name is the same as a common surname - you use thre words - a firm -after their name.

 

Who sent a writ?

[danboy381]

Happy C - What do you reckon, I have a legal bill incurred in obtaining back money paid to the bailiff firm. When they sent me a cheque, they put on the letter that this is sent in final settlement and no further action can be taken against them if the payment is accepted.

 

Now, surely they can't state this, as of course it was my money in the first place, and they put me in the position to reclaim it.

 

Whats the best way to mess them up?

[ohitsonlyme]

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

[middenmess]

Danboy

 

Regarding Full & Final,read this thread from post #21 onwards

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/223907-final-settlement-offers-advice.html

[Guest Happy Contrails]

Whats the best way to mess them up?

 

I could be that you accepted payment as full and final because you have banked their cheque.

 

You could pursue a criminal avenue - Section 2 of the Fraud Act 2006 but this is not a route to recover money.

 

Its up to you, you can try filing in the Small Claims for your reasonable costs. To be honest I dont really know the outcome, but I would quote the Fraud Act in your Particulars.

 

Write and ask the HCEO for a cheque within seven days first - and go with your instincts from there. Wind him up a bit & see what falls out of his pockets.

[danboy381]

Danboy

 

Regarding Full & Final,read this thread from post #21 onwards

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/223907-final-settlement-offers-advice.html

 

 

Thanks for that HC and middenmess

[ohitsonlyme]

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

[ohitsonlyme]

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

[danboy381]

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

 

 

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.

[ohitsonlyme]

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

Edited October 26, 2009 by ohitsonlyme
additional info

[danboy381]

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.

[ohitsonlyme]

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