Serfarce Fraud/ deception lets get them!!!!

[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.

[ohitsonlyme]

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

[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.

[ohitsonlyme]

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

[lets fight bailiffs]

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

[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.

[ohitsonlyme]

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

[danboy381]

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?

[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.

[High Court Enforcer]

Be warned ohitsonlyme,

 

If you lose at the fee assessment hearing this will undermine your claim and you could be liable for costs, which I would imagine would be considerable.

 

Worth considering.

[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.

[danboy381]

high court enforcer, read the post, i don't think ohitsonlyme will have a problem proving the fees charged are fraudulent.

 

but we'll soon see the outcome. I know who my money is on.

[sherbrook]

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...

 

:-?

[ohitsonlyme]

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

[High Court Enforcer]

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.

[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.

[danboy381]

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.

[Mr Worried]

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

[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.

[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.

 

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

[Mr Worried]

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

[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.

[Mr Worried]

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

[danboy381]

Mr worried pls start a new thread and you will then get all the help you need.

 

Thx.

[Guest Happy Contrails]

Dont expect any positive response from them. To start litigation you must have your ducks in a row.