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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sherforce-fake high court enforcement officer-long story-help!


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Ok thank you for confirming that.

I appreciate that you are doing a job and thats your choice.

In turn you should also appreciate that this is a consumer site that gives advice to those who have been treated unfairly.

I know its wrong to say that all Baliffs are bad people there are some good ones albeit in the minority if we take the cases aired here.

I personally look forward to some positive input from you Black Cat......I applaud your courage for posting here in the face of so much misstrust from your industry.

If you will agree that there are many concerns that do need to be addressed within your sector then I am sure you will be taken seriously on this site.

Cags position is clear on this we do not condone debt avoidance and seek to help those who have found themselves unable to help themselves.

If you would take some time to trawl through our debt collection forums then you will see some real injustices.

For whatever reasons you are here,I hope it will be enlightening for both you and our members and that there can be some understanding without confrontation.

We all have debts ....

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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SomefriendlyUK, if you have had a problem with an debt originating from Inland Revenue (HMRC) I would recommend that you complain to them about the treatment you received and the actions of the person who called at your house. If they behaved in any way unlawfully, HMRC may want to consider the contract they have with them.

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THANK YOU FOR YOUR COMMENTS MARTIN3030. IAM NOT HERE TO MAKE FRIENDS JUST COMMENT ON INACCURACIES THAT I SEE. AS WITH #22 THERE IS ALOT OF WHAT I CALL BACK SEAT LAWYERS WHO THINK THEY KNOW THE LAW BUT OFTEN THE ADVICE THEY GIVE CAN ACTUALLY CAUSE THE DEBTOR MORE HARM THAN GOOD, HOWEVER I ALSO RECOGNISE THAT THIS IS NOT ALWAYS THE CASE.

THERE CERTAINLY HAS BEEN A ROGUE ELEMENT WITHIN OUR INDUSTRY, HOWEVER DUE MAINLY TO A CERTAIN BBC1 PROGRAMME AIRED LAST YEAR THIS HAS CERTAINLY BEEN REDUCED AND HOPEFULLY WILL CONTINUE TO REDUCE IN THE FUTURE.AS AN EXPERIENCED BAILIFF I STILL BELIEVE THESE PEOPLE TO BE IN THE MINORITY. MANY BAILIFF VEHICLE NOW HAVE TRACKER SYSTEMS FITTED TO HELP PROVE HOW MANY VISITS HAVE BEEN MADE TO A PROPERTY. THE SAME AS I WOULD LIKE TO THINK THAT NOT EVERY SUPERMARKET IN THE COUNTRY IS KNOWINGLY SELLING US OUT-OF-DATE MEAT.:rolleyes:

BAILIFFS DO A VERY DIFFICULT JOB AND THE NATURE OF THE JOB MEANS THERE HAS GOT TO BE A CERTAIN AMOUNT OF AGGRESSION/FIRM STANCE TO BE ABLE TO DO THE JOB. ALOT OF BAILIFFS I KNOW ALSO DEAL WITH PEOPLE IN THE MANNER IN WHICH THEY ARE BEING DEALT WITH. TALK IN A CALM AND MATURE MANNER AND THE BAILIFF WILL NORMALLY TREAT YOU IN THE SAME WAY. ACT AGGRESSIVELY AND HE WILL PROBABLY ACT IN THE SAME WAY. I ALSO ACCEPT THAT THIS CAN BE TAKEN TOO FAR. BUT BY TURNING UP A DEBTORS PROPERTY WITH A VALID WARRANT/WRIT AND DEMANDING MONEY OR THREATENING TO REMOVE GOODS IS SIMPLY DOING THE JOB OF A BAILIFF. ON RTA WARRANTS THIS IS STATED CLEARLY, IF PAYMENT IS NOT RECEIVED THEN GOODS WILL BE REMOVED. IN ALOT OF CASES THE DEBTOR WILL HAVE HAD AMPLE OPPORTUNITY BEFORE THE VISIT TO SORT THE PROBLEM OUT, IN ALOT OF CASES THEY SIMPLY BURY THERE HEADS AND THINK IT WILL GO AWAY.

BACK TO THIS CASE AS I STATED PREVIOUSLY I UNDERSTAND THE DEFENDANT WAS ADVISED TO CONTACT THE CLAIMANT AND WAS GIVEN TIME TO DO SO. IN HIGH COURT ENFORCEMENT THE HCEO DELEGATES THEIR DUTIES TO OTHER PEOPLE BUT STILL STAY ACCOUNTABLE THEMSELVES FOR THAT PERSONS ACTIONS. HOWEVER I CANNOT SEE ANYTHING IN THIS SITUATION THAT WAS UNLAWFUL. ACTIONS OFTEN GET GLAMOURISED AFTER THE EVENT TO SUIT A PERSONS GRIEVANCE. I KNOW THAT IT IS SHERFORCE POLICY TO TAKE A PHOTO OF THE DEFENDANTS PROPERTY AFTER A VISIT TO PROVE THAT AN ATTENDANCE HAS TAKEN PLACE. THIS PHOTO WOULD HAVE SHOWN THE VEHICLE AND IF NO LEVY TOOK PLACE THE OFFICER WOULD HAVE BEEN QUESTIONED AS TO WHY THEY WERENT DOING THEIR JOB PROPERLY. BY LEVYING AND GIVING THE DEFENDANT TIME TO SORT IT OUT WITH THE CLAIMANT THE OFFICER IS GIVING THEM A CHANCE. HAD A BAILIFF BEEN CALLING FOR AN UNPAID RTA FINE IN THIS INSTANCE, IN MOST CASES THE VEHICLE WOULD HAVE BEEN EITHER CLAMPED OR REMOVED THAT DAY.

AS FOR THE FEES I CANNOT COMMENT AS THESE ARE NORMALLY SET OUT BY THE COMPANY AND PRE-PRINTED ON THE WRIT, IT IS UP TO THE COMPANY TO EXPLAIN WHERE THEY COME FROM. HOWEVER HIGH COURT ENFORCEMENT FEES ARE RENOWNED IN THE INDUSTRY FOR BEING HIGH.

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Fair comments.

I think Enforcement officers fees are high because they operate in different ways ie outside 9-5 hours and weekends.They are known to get better results for their clients.

I would certainly think about using one in my claim against Citi Financial.

 

Ps Black Cat.......your keyboard appears to be sticking......maybe on your next levy you should leave the playstation and instead take the keyboard !

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Guest buda01

i couldnt give a flying (edit)how hard a bailiffs job is. if they come to my door and give it the big un they will only do it once.

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Hi BUDA01

 

I have been shot at, attacked with a hammer, metal bar, dog and a bird of prey. However after your hurtful comments iam now sat in the corner of the room shaking violently in a pool of my own urine:rolleyes: . Yeah right.;)

 

[DELETED - Personal attacks not welcome on this site]

 

By the sound of it if i was at your door, i would probably be leaving your house and wiping my feet on the way out!

 

If you have any problems with any of the long words i have used dont hesitate to contact me and i will be all to happy to explain.:rolleyes:

 

I knew it wouldnt be long before i would be dragged down to this level.

 

Martin3030 my keyboard appears to be fixed, its even working when iam shaking with fear.

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to clarify: my side of the story.

 

1 -as clearly stated -i was in shock why they guy came to my door and did not get a decent look at the ID. He stated he was a HCEO. i had never heard of this before and I think therefore i'm perfectlly entitled to find out if this is true. Are you suggesting i should not -read some of the post on here if you think there is no possibility of fraud in these matters. Are you saying members of the public don't have any rights to question because there in debt? I disagree.

 

Its been hard going finding out the info. The list on the net are not up to date and even someone at the dept of constitutional affairs e-mailed me to say he is not on the list and the list IS up to date. I'm still not sure. I;m also not sure of the procedure where a HCEO can delegate to someone who may not be. One thing is certain though i have the right to come on here and ask for help in finding these things out and it should be alot easier to find out. Records should be up to date and procedure easierly obtained.

 

2, I do think £650-00 to visit my house is a massive amount and does nothing to help those in debt-whether it is lawful or not i am still trying to find out But i do have the right to find out.

 

3, I was told it would be another £1000 to take my car so i had better pay up now. I was also told this by a guy at sherforce office. When i argued i was told 'i will take it now if you like' -this is true. I don't think this is right-whether its unlawful i don't know but i do have the right to find out

 

4,If IR thought all this was reasonable why did they abort it?

 

3, The debt was for costs of a court case. The debt was paid but the cost not - I R did not sent my letters by recorded post and i never recieved them. I have not tried to get out of paying these costs and made it very clear onthis site that i am paying the costs and i have been stupid but i want and have every right to find out if everything is alwful and has been conducted in the correct manner.Are you saying we should not question

 

I found some the tone of some posts imtimidating-was that the intention?

 

If no laws or regulations have been broken then there is no case to answer. Yes there are two sides to every story -i have a right to my side.

 

In one of my last posts i praise the HCEO i spoke to. I have no problem with them doing there job and no doubt it can be tough going.

If i have said anything that is wrong or likely to cause offence or against the 'spirit' of CAG would a moderator please let me know and i will cease this thread.

 

This is my truth

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Guest lipupfatty
i couldnt give a flying **** how hard a bailiffs job is. if they come to my door and give it the big un they will only do it once.

 

bad attitude, violence is not the answer

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Well said lip, the eariler post with 'you get this if you come here' etc & reponses like ' i wipe my feet on the way out' type of comment are not helpful, a little childish, does nothing for thier reputation and weakens their arguments.

 

I would like to add to my earlier responce that i was both calm and polite to the guy who came to my door. I don't think you get anywhere otherwise. Mind you -reading some of the other readings on here its evident that this is always respected by SOME Baiiffs.I particularly have seamnamarts thread which is almost unbelieveable.

http://www.consumeractiongroup.co.uk/forum/bailiffs/94493-bailiff-assaulted-me.html

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hi sea, was that just a coincidence that you posted just after i posted a link to your thread a proof that it does not always work being polite etc and not all bailiffs are decent?

 

I think in most cases the word 'polite' is not in their vocabulary, and I said most not all, and going by the attitude of BLACK CAT,... well I rest my case really

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Back on course now after my feline friends visit -i wonder if it not his first visit to me.

 

Never mind the truth will out as they say and if no regs or laws have been broken then i have no case and sherforce have no case to answer but lets just find out shall we.

 

Sent a reminder letter to sherforce today saying they have forty days to reply to my original SAR (7 days less now) but also adding that i require ALL data including details of the HCEO's visit and certification.If he is not Certificated that under what procedure or regulations was he deployed to me. I genuinely want to know this as its faily hard to find out-It may or may not be of any help to me but if not it may help a future user of CAg

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Hello again, apologies for my rant, but this was directed at an individual whos attitude i didnt like and by no way directed at anybody else on this forum. Perhaps i need to spend more time on my scratching post.

Like i previously said if you talk to someone calmly then they will normally react the same, act very aggressively and they are more likely to respond the same.

Re assault.

Assault however is something entirely different and as long as this isnt a case of the bailiff defending himself whilst being attacked, which it sounds like it isnt, this should always be reported.

The report should however be to the client and not the bailiff company. My experience tells me that if the bailiff in question is a high earner for the company this may get brushed under the carpet. There is a saying within the industry that if a bailiff isnt getting any complaints then he or she isnt doing their job properly. Clients do not like complaints and will always follow this sort of complaint up, especially if it is not an isolated incident.

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Hello again, apologies for my rant, but this was directed at an individual whos attitude i didnt like and by no way directed at anybody else on this forum. Perhaps i need to spend more time on my scratching post.

Like i previously said if you talk to someone calmly then they will normally react the same, act very aggressively and they are more likely to respond the same.

Re assault.

Assault however is something entirely different and as long as this isnt a case of the bailiff defending himself whilst being attacked, which it sounds like it isnt, this should always be reported.

The report should however be to the client and not the bailiff company. My experience tells me that if the bailiff in question is a high earner for the company this may get brushed under the carpet. There is a saying within the industry that if a bailiff isnt getting any complaints then he or she isnt doing their job properly. Clients do not like complaints and will always follow this sort of complaint up, especially if it is not an isolated incident.

Its certainly getting to look that way where my case is concerned, Drakes seem to be a law unto their own and Im sure they write it as they go along, they certainly do not follow their 'code of conduct' and have breached it several times. Not to mention staying within the guidelines of the National Standards for Enforcement Agents or The distress for Rent Rules 1988

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BC - thank you for your apology and sorting your key board issues out!! - What would you do if you knew catagorically that a bailiff, had made phantom visits to two different people and charged for those visits, the client is also aware of both as are the bailiff company, though no redress has happened to said bailiff nor compensation to either aggrevied party?

 

SMU - sorry for the hijack

 

SFx

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Not at all saffron, Black cat could be of enormous help to this site and many such as yourself if there is some trust. You know i'm a builder and i get fantastically upset when i see these dodgy builder programes ripping of people for thousands of pounds and if i didn't see them with my own eyes (on tv anyway) i just could not believe them. Maybe its the case with Black cat and by reading a few of the posts on here he may see another side to part of the bailif industry that he finds hard to believe -i'm willing to give the benefit of the doubt. However i will state again -i have told the truth in my posts but i will let sleeping cats lie on that one. Hijack away:)

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Personal attacks and threats of violence will not be tolerated on this site. All such posts will be removed and accounts may be placed on moderation. If you wish to discuss this please do so via Pm. If this thread continues in this vain I will close it. Thank you.

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