What is the alternative?

[Nintendo Pü]

, nobody was taken to task before a court of law as the HCEO got "protection" from further prosecution through an Interpleader.

 

This is something I dont understand, there is no legislation providing an HCEO or a bailiff immunity from criminal liability under the Fraud Act. I dont know under what authority an interpleader proceeding provides immunity from criminal liability when a decision in the House of Lords expressly states the opposite.

 

Could there have been a mention of Section 27 of the Domestic Violence, Crime and Victims Act 2004? This only provides immunity from committing criminal damage and assaulting a person (but not excluding liability from personal injury claims or civil claims for repairs to property), effectively ending centuries of common law since the 1300's allowing a person to refuse entry.

[spamheed]

and there you go, High School Musical's off again without answering what I should think is a fairly simple question for such a vocal and outspoken member of this forum.

 

What is it that turns an "allegedly" normal person into a lying, thieving, deceptive, manipulative, bully?

 

Is it the certification? perhaps there is some hitherto unknown implantation process which creates havoc with the wannabe stormtroopers system and quells his conscience?

 

Perhaps it's the flak jacket and Magnum boots, please I really would like to know that one

[zoltron]

[/color]

 

FANTASTIC ZOL

 

Mr W

 

Your welcome, bring forth the next victim.

[wonkeydonkey]

NP

This is the actual wording of the Interpleader order'

"No action be brought against the High Court Enforcement Officer"

and when sending to Sherforce a request for details of the enforcement officer attending on the day, with a veiw to taking further action, I was told that as he was acting for the assigned HCEO he was also protected by the order.?

 

There is reference made to Section 17?

Edited December 31, 2009 by wonkeydonkey

[Nintendo Pü]

What is Section 17?

[High Court Enforcer]

Yes you are, this site is aimed at assisting people who fall into debt, who are abused by people who hold the same position as you do. In short this site is about trying to protect vulnerable and disadvantaged individuals from people like you!

 

People get into debt, this is an unfortunate aspect of life, it isn't illegal and it doesn't make one a bad person, so why should the likes of you and your ilk be able to abuse and extort from someone because they have lost their job, become ill, been divorced etc and so on?

 

It doesn't state in any of the so called guidelines that you can add your own charges, lie through your teeth, threaten and cajole, but you do!!! Hiding behind phrases such as "Reasonable charges"

 

so please..... WHY DO YOU DO THIS?

 

please feel free to answer this one

 

Sorry spamheed for not been available at your demand.... I was too busy lying and cheating and beating a vulnerable old lady to the cash point.... you know how it is....

 

The likes of me does not extort from the vulnerable. The likes of me has to enforce against the likes of you because you do not pay your bills/tax or for goods/services you receive. The likes of you often mean that others fall into debt themselves because the likes of you have not paid for something. The likes of you are part of the problem.

 

The likes of me does not lie, threaten or cajole debtors. The likes of me merely does his job to the best of his ability and recovers the sums due for the creditor.

 

I am happy to continue enforcing against the likes of you who clearly do not pay their way in today's society. Please remember, this forum is also about helping the public recover the monies they're owed...... from the likes of you.

 

HAPPY?

[tomtubby]

Sorry spamheed for not been available at your demand.... I was too busy lying and cheating and beating a vulnerable old lady to the cash point.... you know how it is....

 

The likes of me does not extort from the vulnerable. The likes of me has to enforce against the likes of you because you do not pay your bills/tax or for goods/services you receive. The likes of you often mean that others fall into debt themselves because the likes of you have not paid for something. The likes of you are part of the problem.

 

The likes of me does not lie, threaten or cajole debtors. The likes of me merely does his job to the best of his ability and recovers the sums due for the creditor.

 

I am happy to continue enforcing against the likes of you who clearly do not pay their way in today's society. Please remember, this forum is also about helping the public recover the monies they're owed...... from the likes of you.

 

HAPPY?

 

HCE.

 

This is not necessary and you know it.

 

If anything, YOU need to remember that if it were not for non payers of debts YOU and all other bailiffs would be OUT OF WORK.

 

It is a FACT...that you and all other bailiffs only get paid as a result of the non payment by others of their debts!!!

[wonkeydonkey]

What is Section 17?

Hi NP

I received this in reply to several letters sent (but went unanswered) to Sherforce questioning the charges and conduct of the AHCEO. I wrote to them again in July and suggested they could expect further action to follow as I was of the opinion they could be made to answer an allegation of fraud.

10th July

I can confirm that this matter is subject to an Interpleader application issued by the High Court Enforcement Officer pursuant to Order 17 of the Rules of the Supreme CourtThat application is to be heard before Master ****at the Royal Courts of Justice on the ** July 2009. A copy of the application notice has been sent to you by first class post and I would be grateful if you could kindly acknowledge receipt in due course.This application will allow you to make representations to the Court in respect of your claim to the goods seized or intended to be seized by the High Court Enforcement Officer as well as any other matters that you wish to raise.By way of clarification I can confirm that Mr *******who executed this Writ was acted upon the delegated authority of the Authorised High Court Enforcement Officer pursuant to Paragraph 4 of Schedule 7 of the Courts Act 2003.

continued...

[spamheed]

Sorry spamheed for not been available at your demand.... I was too busy lying and cheating and beating a vulnerable old lady to the cash point.... you know how it is.... Yeah, only too well

 

The likes of me does not extort from the vulnerable. The likes of me has to enforce against the likes of you because you do not pay your bills/tax or for goods/services you receive. The likes of you often mean that others fall into debt themselves because the likes of you have not paid for something. The likes of you are part of the problem. You do not know me or my circumstances at all yet feel able to make such a sweeping statement?

 

The likes of me does not lie, threaten or cajole debtors. The likes of me merely does his job to the best of his ability and recovers the sums due for the creditor. Yes, we read about "your job" every day on forums such as this one

 

I am happy to continue enforcing against the likes of you who clearly do not pay their way in today's society. Please remember, this forum is also about helping the public recover the monies they're owed...... from the likes of you. As I said before, this forum is protecting vulnerable people from the likes of you

 

HAPPY?

 

Just before I pop out to work, (yes I work - it pays the genuine bills don't you know)

 

I thought I'd pay a quick visit to see if High School had replied, but he hasn't, instead he's launched into a personal tirade on the basis of......well I suppose you could call it a retaliation for me saying all of those nasty things about his job. I should have expected it. #sob#

 

now that i've stopped crying, please tell me one thing though, Why do you do it?

 

Why do you steal, threaten and cheat when you know fine well it's against the law? Does your mother know that you do all of these things to poor unfortunates? Do you tally up all of the unlawful charges you've applied as you climb into your bed at night

 

I honestly do wish you everything you've got coming in the new year

[wonkeydonkey]

At this hearing as I have already posted Sherforce assured the Master a full refund was offered..I was awarded personal costs.

My concerns are these:

Enforcement in March paid in full ..so their client should have been paid 14 days later .. please correct me if that is wrong.

My set aside was heard in April approx 6 weeks after enforcement..won..

Several letters were sent to Sherforce between March -July as in other post.

The reason given to the Master for full refund was Sherforce were complying with the terms of set aside and their client never told them this had been given.

I thought this strange. as technically when told set aside had been applied for Sherforce. at the time of enforcement clearly stated it did not concern them.

Having fulfilled their obligation to serve and collect on the writ I assumed their job was done and file closed.

They did eventually refund all monies but they also refunded their clients money taken at the time of enforcement which I had assumed 5 months down the line they had forwarded to their client? continued....

Edited January 1, 2010 by wonkeydonkey

[wonkeydonkey]

Their client now claims:

Sherforce never paid the money from the enforcement to them and that know nothing about the Interpleader or the fact they had costs awarded against them as a result of it?

Sherforce say the HCEO and the AHCEO cannot have any action taken against them unless I apply to have Masters order srt aside!!!!

Edited January 1, 2010 by wonkeydonkey

[High Court Enforcer]

Just before I pop out to work, (yes I work - it pays the genuine bills don't you know)

 

I thought I'd pay a quick visit to see if High School had replied, but he hasn't, instead he's launched into a personal tirade on the basis of......well I suppose you could call it a retaliation for me saying all of those nasty things about his job. I should have expected it. #sob#

 

now that i've stopped crying, please tell me one thing though, Why do you do it?

 

Why do you steal, threaten and cheat when you know fine well it's against the law? Does your mother know that you do all of these things to poor unfortunates? Do you tally up all of the unlawful charges you've applied as you climb into your bed at night

 

I honestly do wish you everything you've got coming in the new year

 

Yes, whatever you say. Happy New Year spamheed....

[ohitsonlyme]

If doesnt matter how the verification is done. If a merchant makes a false representation to obtain the transaction, the consumer can apply a chargeback and the bailiff will have 40 days to appeal. Its in the standard terms of merchant service.

 

Only takes a phone call and a simple form to complete and in some cases be done online.

 

Pu I paid all the fees in my case to Sherfarce by debit card and won in the high court but havent yet been paid by SF after over 1 month since the interpleader hearing, I intend to pursue the Original creditor but ask

can I do a charge back on a debit card payment??

what is the best way of attacking the OC I already have a police investigation on the way with SF for fraud

 

And I Am going for a set aside of the masters protective ruling for the HCEO watch this space, I am not going to give them any way to turn with the police

 

onlyme

Edited January 1, 2010 by ohitsonlyme

[ploddertom]

Pu I paid all the fees in my case to Sherfarce by debit card and won in the high court but havent yet been paid by SF after over 1 month since the interpleader hearing,

 

Was no Order made requiring them to pay within a certain time frame? In the meantime I think I would be at the Court door on Monday asking for this to be enforced - just think if it is for over £600 you could always use a HCEO firm - just a thought.

 

PT

[ohitsonlyme]

Was no Order made requiring them to pay within a certain time frame? In the meantime I think I would be at the Court door on Monday asking for this to be enforced - just think if it is for over £600 you could always use a HCEO firm - just a thought.

 

PT

I am owed over £700 but the masters order prevents further action on the HCEO so who do I pursue? OC or HCEO no time frame was set out by the master I think she thought I hadnt paid!!

onlyme

[ploddertom]

I am owed over £700 but the masters order prevents further action on the HCEO so who do I pursue? OC or HCEO no time frame was set out by the master I think she thought I hadnt paid!!

onlyme

 

Have you asked Sherforce for your money back yet? If yes what do they say? If not why not? The fact you are owed this sum does not stop you chasing for it as it appears to be a separate issue from any protection afforded to the HCEO. I imagine Sherforce will it on this until such time you start to force the issue. You could even set the ball rolling now by emailing Mr Badger at Sherforce.

 

PT

[Nintendo Pü]

You can use this as a base for your reasons for recovering a card transaction by way of chargeback, but if you intend to claim interest, costs and any other monetary losses, then litigation is the only way to go with this.

 

what is the best way of attacking the OC I already have a police investigation on the way with SF for fraud

 

Then you will have a crime number. File your litigation on a Form N1 and remember to include the crime number in your particulars, you can name both the creditor and the HCEO as joint defendants. The court will most likely decide the HCEO will be laible for paying you the money they owe.

 

And I Am going for a set aside of the masters protective ruling for the HCEO watch this space, I am not going to give them any way to turn with the police

 

Go for a set-aside but I dont have much experience of this, or know of any legislation that eneables a Master to revoke criminal liability after a criminal has committed the offence. By giving this "protection" could be interpreted as the court acknowledging the HCEO has indeed committed the crime.

I really dont know what authority or legislation a Master is relying on when he "protects" an HCEO against criminal prosecution. In any event, I doubt this power protects an HCEO against a criminal investigation.

[Nintendo Pü]

I am owed over £700 but the masters order prevents further action on the HCEO so who do I pursue? OC or HCEO no time frame was set out by the master I think she thought I hadnt paid!!

onlyme

 

This prevention of further action may be limited to action brought against him at an interpleader proceeding. Nothing in the Civil Procedure Rules provide for anyone, - unless your name is on the public list of Vexatious Litigants - to revoke a citizens right to sue. I think litigation is the best way to go.

[ploddertom]

I am owed over £700 but the masters order prevents further action on the HCEO so who do I pursue?

 

Does the actual Order from the proceedings on the day state that the HCEO is protected from further action? Do you remember this being said and did you agree to it? If no then who produced the Order - the Master or some other person sitting in, it may be to prove this that you may have to ask for a transcript of the proceedings. If subsequently it can be proved that this was never discussed or agreed to then surely anything else that happened that day should also be in question and if someone is making this up as they go along then again their reputation is at stake particularly if they have been in a similar position in other cases.

 

PT

[ohitsonlyme]

You can use this as a base for your reasons for recovering a card transaction by way of chargeback, but if you intend to claim interest, costs and any other monetary losses, then litigation is the only way to go with this.

I am going to ask for all of the money back that they were paid!!! and then pay the OC direct

Will need to find out clearly if OC has been paid tho I dont think they have.especially of you follow wonkey donkeys story

 

 

Then you will have a crime number. File your litigation on a Form N1 and remember to include the crime number in your particulars, you can name both the creditor and the HCEO as joint defendants. The court will most likely decide the HCEO will be laible for paying you the money they owe.

I had already put in a claim thro the county court before the interpleader however SF requested a stay and got it by quoting the masters orders!!!

 

 

 

Go for a set-aside but I dont have much experience of this, or know of any legislation that eneables a Master to revoke criminal liability after a criminal has committed the offence. By giving this "protection" could be interpreted as the court acknowledging the HCEO has indeed committed the crime.

 

I really dont know what authority or legislation a Master is relying on when he "protects" an HCEO against criminal prosecution.They were not protected from criminal prosecution I specifically rasied this with the master only further civil action But SF use the masters order as a shield to show any body that tries to take things further so the set a side and further action thro the high court is my option at the moment, so if the police listen to the masters orders like the county court judge did then they get away with it again!! but a setaside will stop this from happening.I also want to challenge the fees that the master awarded as there was no evidence of costs from SF!!! In any event, I doubt this power protects an HCEO against a criminal investigation.

 

The OC is getting lots of letters from me and has a deadline of 7th jan for me to get my money back and I will file against them!! they were the named claimant in the interpleader and so it is against them that I have a judgment or is it??

onlyme

[ohitsonlyme]

Does the actual Order from the proceedings on the day state that the HCEO is protected from further action? Do you remember this being said and did you agree to it? If no then who produced the Order - the Master or some other person sitting in, it may be to prove this that you may have to ask for a transcript of the proceedings. If subsequently it can be proved that this was never discussed or agreed to then surely anything else that happened that day should also be in question and if someone is making this up as they go along then again their reputation is at stake particularly if they have been in a similar position in other cases.

 

PT

The bodger drew up a draft order in the first hearing and this was included in it it so I didnt know about it till afterwards

Then in the second hearing I raised an objection which the master stated didnt stop criminal action but it doesnt stop them from showing to peeps that dont know any better ( but should) like the county court or the police

Shame it wasnt made up tho isnt it !!!!

 

I am on their case like S on a blanket

[wonkeydonkey]

The OC is getting lots of letters from me and has a deadline of 7th jan for me to get my money back and I will file against them!! they were the named claimant in the interpleader and so it is against them that I have a judgment or is it??

onlyme

 

I have just had my legal costs added to my order for personal costs by a DJ and they have been awarded against my creditor.

wd

[ploddertom]

The bodger drew up a draft order in the first hearing and this was included in it it so I didnt know about it till afterwards

Then in the second hearing I raised an objection which the master stated didnt stop criminal action but it doesnt stop them from showing to peeps that dont know any better ( but should) like the county court or the police

Shame it wasnt made up tho isnt it !!!!

 

I am on their case like S on a blanket

 

This was going to be my next question. It would appear therefore they use pieces of paper which have certain words on them like confetti - the all encompassing seizure of goods is another example. I fail to see why "bodger" is the one who draws up the Order when it is clearly the Master who makes the decisions/assessments. I wonder therefore if the Master sees the end result or is it just sent to the appropriate stamping office before being sent out. Something else that appears to be not quite as it should be!

 

PT

[wonkeydonkey]

This has dragged on for almost a year and although my solicitor has been great, the complexities surrounding all of this, is now looking as if it needs representation from a barrister.

Chris Badger was invited to make comment on his clients claims (as posted) immediately we were made aware of them. His reply some weeks after the event is, he feels he is unable to comment until such time as he is able to "retrieve the file from the archives"...... he must have got lost between computers as I am still waiting..

 

WD

[wonkeydonkey]

This was going to be my next question. It would appear therefore they use pieces of paper which have certain words on them like confetti - the all encompassing seizure of goods is another example. I fail to see why "bodger" is the one who draws up the Order when it is clearly the Master who makes the decisions/assessments. I wonder therefore if the Master sees the end result or is it just sent to the appropriate stamping office before being sent out. Something else that appears to be not quite as it should be!

 

PT

That PT is exactly what happened when I was at the hearing, Mr Badger sat there with what I can only describe as a "minutes" book and scribbled notes, he explained at the conclusion of the hearing "he" would get the Masters order typed up and I would receive a copy, which in all fairness I received quite quickly..but if what I got a copy of is what was actually said .. then thats a question a barrister may well take on board.