Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Naughty naughty Sherforce


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5008 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A POPULAR seaside restaurant may be forced to close after it was gutted by debt collectors in a case of mistaken identity.

 

Bailiffs broke down the door of Naked Fish in Bridlington.

 

Ovens were ripped out, furniture was removed and even frozen fish and alcohol were confiscated.

 

A cooker was ripped out with such force, it caused a gas leak.

 

Kent-based debt collectors Sherforce claimed Naked Fish had unpaid debts and they had a High Court writ ordering the money be recouped from the business.

 

 

But, within a couple of hours Sherforce apparently admitted there had been "a terrible mistake".

The Naked Fish restuarant in Bridlington was gutted by debt collectors in an apparent case of mistaken identity.
Link to post
Share on other sites

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

breaking and entering

 

stealing goods

 

criminal damage

 

unlawfull removal of goods

 

SF are responsible for their actions, its their duty to ensure they are acting correctly , and any premises they attend they have the lawfull right, not just someones word the address is correct

 

they have already been quoted saying "we made a mistake" which is not excuse for a criminal act's they carried out

 

lets hope the guy screws them for every penny he has lost

 

but them a troll will try to protect his mates ,, oh dear i forgot that

..

Link to post
Share on other sites

the point is you will never know posters real background , or qualifications

 

and to avoid confusion this is what was posted above before being edited " Yes, Kiptower, didnt realise you were a lawyer"

Edited by kiptower
missed out "know"

..

Link to post
Share on other sites

Many people are unaware of the High Court Enforcement Officers Association (HCEOA). The following link is to their (new ) website which has a lot of information concerning High Court Enforcement.

 

There are also details on the site on how to register a Complaint about a High Court Enforcement Officer.

 

HCE...The site was down at one time..is this a new site?

 

.

http://www.hceoa.org.uk/

Link to post
Share on other sites

If they've been directed to the property by the cliamant or claimants solicitors then it will be them that are liable for this action.

 

That could be why SF are looking protection...

 

Protection!!??? What about the 'protection' of the owners property. which after they admitted there had been a mistake they still went ahead and took his property and he had to go to court to get it back, what about protection from the near by buildings from a potential gas leak that could have caused more damages, because they did not take care in uninstalling a gas appliance, which Im sure they had a qualified engineer to do:rolleyes:.

So lets not blame the bailiffs here shall we they were 'just doing a job':-x

Makes me sick that bailiffs always claim they are blameless in matters like this as they were under instruction from a third party. I hope that guy wins and gets every penny he is asking for. Just goes to show that 'mistakes' ARE made and its the Joe public who end up paying for it in the long run and bailiffs yet again get off scott free.

Link to post
Share on other sites

Yes, 'protection' seanamarts....

 

In all seriousness, if it is a mistake by SF then yes, a claim should be made and the innocent party should get everything he's owed, which will be substantial no doubt.

 

I'm just aware that many solicitors authorise these kind of removals on the facts they have which whilst usually spot on, there is always the chance of error. If the writ was issued at that address and the solicitor has demanded a removal then SF have acted correctly and will be protected from prosecution. As I said before, it could well be the solicitor or claimant that is facing a huge bill.

 

However, we dont know the full the story. Did Mr Goucher own the shop personally and their debt was against his limited co? There could be so many reasons why the solicitor/creditor/SF has reason to believe they were acting correctly.

 

But again it could be an awful mistake. Who knows...???

Edited by High Court Enforcer
typo
Link to post
Share on other sites

Tomtubby

 

In the true spirit of impartiality (sarcasm) - the chair of the HCEOA is Claire Sandbrook - the CEO of Sherforce!!!

 

Don't you just love it....

 

Not any more she isn't.

 

the other thing is that a gas cooker has been removed and has caused a leak, now as i understand it under the gas safty law is that you must be Corgi registured therefore have unlawfuly caused danger to lives.

 

They have said that they are trying to claim protection, However this can only be given within interpleader proceeding where there are more than one claim to the same goods there is no need in this case for any such proceedings.

 

this is not good and must stop.

 

LFB

Link to post
Share on other sites

Does this not sound much of the same,

 

It is also claimed that while the vans have been in the hands of Sherforce they have been broken into and left damaged and water-logged, with the estimated cost of repairs to both vehicles running into many thousands of pounds.

The three have since taken the matter to the High Court in April in a bid to solve the dispute, but so far the only offer of compensation has been for £2,000, which they say will not cover the cost of repairing or replacing the vans or covering the loss of earnings.

Shergroup, the enforcement agency’s parent company, responded to the allegations, saying the enforcement action had been carried out in accordance with Order 17 of the Rules of the Supreme Court.

“A High Court enforcement officer is obliged to act upon any writ that is issued, it is not for (them) to look behind the writ to determine whether it is correct.

“The vehicles did contain personal possessions and both parties were invited to collect those belongings but chose not to do so,” said a company spokesman.

“Allegations of damage to the vehicles have been raised. Those allegations are being dealt with in accordance with our complaints procedure.”

As the Weekly News went to press the procedures were still ongoing, with both vehicles still in storage.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...