The defendant (as they have now become) could resolve this entire matter at a stroke, we have no complaint about the company itself, it is one individual who has given rise to this situation and in doing so has caused the company he is employed by to be called into disrepute. We are prepared to see this matter to a conclusion and will keep you posted when we finally get there. Thank you all for your support it helps fire the furnace. wd

A+ in litigation, he coud win master chef with his onion soup but I really do need to offer him lessons in nature study as he thinks badgers are skunks!!

yes your absolutely right LFB it is mine and was stolen from me. I need to muster the energy for the battles ahead as I suppose I am only at the foot of the long winding road to satisfaction. Monday will see the hiking boots laced up and first watering hole is at the solcitors, now thats a man who knows his onions from shallots his CV is excellent:) wd

Thank you for your support. It caused me a lot of discomfort and pain to attend that hearing and I have not been much use to anyone this week...but...I will not just lay down and be trampled over. It is after all only my body that is disabled, my brain is still in tact thank god:) wd

After a very long and tiring day stuck in my wheelchair in London we boarded the train and headed North. Our first task was to connect to wifi and get in touch with "lets fight bailiffs" and give him the sucessful outcome details, for if he had not been on hand to give advice on the Interpleader process then we would not have been prepared for the hearing. We cannot post the whole story yet as we still have other actions against the claimants and the enforcement officer sent to serve the writ on the day in question pending court action but the score is 2-0 to us at the moment. PLEASE get in touch with LFB if you are faced with an interpleader his advice will help you enormously and we thank him from the bottom of our hearts. We will post on everything that has taken place when the time is right but if we can help anyone out there we will be only to pleased to do so to the best of our ability. This has been a long uphill emotional struggle and started with a ccj for approx £1500 it rose to almost 4k with charges we knew were wrong. We have fought a set aside and Interpleader to get this far. All enforcement charges have been ordered to be refunded and costs awarded in our favour, If the claimant had only taken time to listen and reflect before taking action they would not have bills of 4k from legal costs and court costs todate. So if you have been treated with unfair contempt FIGHT BACK, FIGHT BACK, FIGHT BACK you owe it to yourself. wd

Hi I tried to phone TT today but she emailed to say she was having probs with phone connection and was expecting engineer sometime this afternoon.

"dickhead "you refer to has a name but I have no idea where he came from, going by what I was charged for mileage suggests Newcastle upon Tyne, I am close to court hearing date so will give his initials as DW but will not publish his full name yet.

I find it hard to work out who's who in the enforcement game does a High Court Enforcement Officer from the chancellor serve your ccj/writ? does he have a qualified licenced or approved underling to do it for him? if the answer to q2 is yes then does this mean he is employed by the enforcement people or is he a freelance certified bailiff, uncertified bailiff or a debt collector:confused:

definately confusing !!! is this a writ of fi fa or is it ccj

:?

Hi TT I guess this guy is an agent serving on behalf of the Company as he does not appear to be on the HCEO register. I have asked repeatedly since March that I be given details of his certificate and the Court from which he obtained it, but of course this has been ignored. Resulting from a very detailed complaint sent to the Company as a result of information obtained from the SAR they provided, I received a reply which clearly shows they had not even read the complaint in detail for it never came close to answering any of the issues raised. Previous to my original letter of complaint regarding the disgusting threatening behaviour of their agent another party in this matter also sent a written complaint to the Company involved but yet again no reply was received. (all corresondance has proof of posting and in most cases were sent recorded delivery) I also questioned the charges this Company had imposed but as usual they did not even bother to address the subject, however..... following the set aside of the original judgement they wrote and offered to refund £xxxx but did not explain what this amount represented, on reading the letter further it was suggested the amount on offer would hopefully satisfy ALL the issues I had with them. It would have been nice to have the amount on offer since my legal costs (mainly for advice) are eating away at my life savings BUT I will not condone the behaviour displayed by their agent when serving the writ nor can I ignore the disgusting manner in which this Company have handled my complaint and questions and I will most definately not respond to Blackmail.

is this the correct form to use when complaining about the behaviour of HCEO serving writ of fi fa

Hi Won a set aside, does this mean all the charges made by enforcement officer for writ of fi fa have to be returned to me:confused:

I dont think writing to Chris Badger will result in any satisfaction. I took this line and so did my wife, neither of us have had an actual reply merely a promise of a reply despite several reminders. Looks very much as if their "Complaints Procedure" is on a points system and you have to wait until you have accumulated enough points(every letter = 1point) to qualify for the courtesy of a reply.

fog on the tyne?

set aside, Court settled the matter by instructing the claimant repay the amount overcharged + interest and instructed them to resume the services to my businesses. It was suggested that should I take further action against the claimant to recover costs arising from the matter then I ask for the case to be heard at that court Sherforce charges were discussed and I will now be entering into litigation to recover these charges also. I must mention the judge in this matter was extremely astute and not prepared to be hoodwinked by the arrogance of the claimant. So to all those experiencing problems please hold on to the fact justice can be seen to be done.

which bailiff company are you dealing with and what is the ccj for?

This is a copy of the SAR letter I sent

Data Protection Act 1998 Subject Access Request Dear Sir . Please supply a complete list of the data held and used by you that relate to me *****. This information is to include any data which make reference to any premises from which I trade as listed in the Document Of Details attached to this letter. It is also to include third party information held with all other agencies Additionally where there has been an event in the account history during the period accounts have been placed with you that have required any manual intervention by any member of your staff or any other person I require disclosure of any indication or notes which have been caused or resulted from that manual intervention. I would like to bring to your attention data can be held in written information, e-mails, electronic documents, photographs, CCTV images, telephone conversations and include any recorded or written opinions about me and any recorded or written intentions and action taken regarding me. I would like this information to be sent to my home address as listed in the Document of Details attached to this letter. You have 40 days in which to comply. To satisfy payment to supply this information I enclose a fee of £10

Hi I have been charged £2000+ on a ccj for £1700 the HCEO went to the premises owned and run by my wife not me and not the address on the writ. Its a very long story but in short he was rude and aggressive to the staff. I applied for Subject Access Request then went through it with a toothcomb. It is absolutely overflowing with errors starting from the minute the HCEO arrived.he broke all the rules set out by the governing bodies and his written report is full of contradictions nor does he appear on the HCEO reigister. I took every sentence of their "notes" and questioned every charge.I was given no paperwork at all until after they had been given £3964+ only then did I get a Walking Possession Order, Notice-Visit by High Court Officer, High Court Form 55. No action other than to make a nuisence of himself was taken by the HCEO yet in the "notes" it claimed "stock levied" attendance to remove admin fee of £150 "stock on van" admin fee £625 "locksmith" cancellation fee £55" "officers overtime" £195 (during normal working hours)"high court enforcement charge £776 "van to remove goods cancellation fee £130" these are just a few of the charges they imposed others have yet to be defined. Not bad when you consider no levy was made on stock, no inventory was made of stock, nothing was removed, door to shop was open no need for locksmith. I was first notified by claimant a direct debit had been refused on19th December but they were unavailable to speak with until 22nd December I argued they had been negligent in their handling of the account in that it took them 16 Weeks to notify me a problem was evident, I also pointed out they had duplicated on invoices and their accounting was wrong, negotiations were in place with them (or so I thought) when I received a CCJ in default? never had a clue it had reached that stage. Filed for set aside and had date for hearing but Sherforce ignored that fact. I have spent weeks trying to track down the offending Direct Debit and my bank have confirmed they have no record of any refusal or any record of it being presented to them initially BACS say they have no record of any refusal of this Direct Debit or any record of any attempt to set it up initially being made. So I guess the Direct Debit has sat on someones desk for weeks and was never set up originally, and the guy in question had to cover his own back so he went straight for the ccj ,the next day I got a letter giving notice of 72 hrs to make payment in full, this was followed by a phone call 24hrs later from the claimant wanting to know when he could expect payment, he was told application to have judgement set aside had been made and he withdrew the 72hr notice and went straight for High Court Enforcement. It took approx 10days from initial contact for him to go for ccj and 9 days from the ccj to apply for enforcement, he changed the address on the writ for enforcememt . (it was my home address on the ccj) and gave the wrong address for enforcement(my wifes shop) I will keep you updated as the set aside is to be heard on 28th April. WD

I have a complaint against Sherforce and my other half has also registered a complaint againt them evolving fom the same issue. We have reams of paper that makes very interesting reading if you are interested. I await a reply from Chris Badger who gives his title as Complaint Officer for Sherforce.While allowing them the courtesey of responding to both complaints we are in the process of entering into litigation to recover over £2000 in excessive charges plus all costs that we have incured.

My first sign that things were not as they should be was when I received a letter headed 'Final Demand' on the 19th December 2008( keep this date in mind folks!!) reading the letter it was claimed direct debit payments had been returned to them marked 'refer to payer'.Initial contact by telephone took me 4days to get to speak with the person signing this letter, his opening gambit was not the usual "we are sorry this has caused an inconvenience" etc etc but "can you pay this amount" (£1300 approx) my reply was "yes but how did you reach this total and why has it taken so long for you to inform me this amount has gone uncollected, his reply "our bank only notified us on the 17th December and I wrote to you straight away" conversation took a downward spiral when I refused to accept it had taken their bank16 weeks to inform them and ...to reduce the bible to a testament.. wote to them immediately asking for explanation (21 December) Xmas came and passed and I got a reply (6 Jan) to my letter demanding payment for approx£1760 + accompanied by invoices for the period in question. Invoices show balance £1320 approx flicked throigh these invoices to find two had been duplicated. Letter was followed by phone call on same day with demand money be paid immediately, started to explain I had found duplication of invoices but was stopped mid stream and told I was imagining this to be the case as the figures were 100% accurate and when would I be making payment.No prizes for guessing my answer folks ..sorry. Wrote by return and asked for further info and explanation as to their negligence in handling account, offering immediate payment subject to clarification of alleged amount owed. Reply received dated 14 Jan demanding payment of £1660 ( they must have spotted duplication) Figures were still wrong as second duplication had not been spotted by them. I replied immediately14 Jan which went over old ground yet again made another offer to make payment in full subject to etc. etc. Silence prevailed until 21 Jan and I received another letter that had avoided reply to all questions etc. I replied on same day 21 Jan and so there could be no mistaking the info I was requesting I sent each question/request at the end of each paragraph. Silence .... Feb 11th CCJ issued by default. no preliminary notice just the decision!!!! When I got my breathe back and the room stopped spinning I jumped into action and applied for the case to be set aside and filed it on 16 Feb and replied to arrogant comments in claimants letter dated 11 Feb at the same time which gave 72 hrs to make payment and was supported by phone call same day demanding instant paymen..when hearing I had filed set aside withdrew his 72hr slot. I was still waiting for info & details from my letter of 21 Jan?? March 5 high court enforcement officer arrived in my absence,threatened staff told he was empting shop and would smash the door in if they locked it!!! my arrival was shown (not given) writ for £2500 and payment was in full was demanded explained set aside etc and hearing date had been set for 28 April. he was not interested and I guess the arrival of the police were down to him but he supported EO and without being given cause was sarcastic toward me. My wife holds the lease to those premises but because we are a partnership he claimed to have the right to break in and empty the premises. Wife rang Sherforce and got a very rude female who basically replied tough!! she then spoke with creditor and he informed her that he intended to send EO to other two shops to empty them also to ensure he had enough to cover the writ. My wife asked him yet again if he was sure the amount he alleged we owed was correct and got a definate affirmative. (did I mention by the way the figures are infact wrong) I asked for breakdown as to the reason the paperwork said £2500 but he was asking for £3965 explanation " other costs had arisen" Final amen I was escorted to the bank and had to part with almost £4000 to save my business. Any comments folks?????

I forgot to mention the guy in question suspended the service to another of our shops (which is under a seperate contract and has never breached the terms or conditions of the contract) with the telling to the merchant service supplier he had identified the other shop as "a credit risk"

Hope im in the right section with this one! In bief I applied to merchant service company in Sept 08 for them to provide my new premises with services that included etop facilities(I have same under seperate contract in my other shops) all was agreed and each week the statement for payment requests arrived along with the usual notice monies would be taken by DD five days later. Dec 08 service would not operate in the new shop and phone calls to the company went unanswered that day, next day a letter arrived headed Final Demand payment or contact to be made within five days. This the only letter I had ever receved and they admit to ever sending at this stage. It took four days before my calls were eventually returned and a rather rude person replied to my question asking for an explanation with a rhetorical question "you owe us moey can you pay it now our bank has returned the DD payments marked refer to drawer!! I tied to establish why it had taken them 16weeks to notify me a problem had occured to be told their bank had only just got around to telling them. I was totally dissatisfied with the attitude of this person and asked to speak with his superior,I was refused,Ithen asked for details of his superior to enable me to write and again was refused. Did by another means get the info and wrote accordingly but never got a reply. The Final Demand letter was followed by three others all requesting alleged different amounts. Jan 6th 2009 I asked all relevant documentation and recorded telephone conversations be sent. Was sent 1 sheet of paper that was irrelevent and 1 copy of partial cnversation. From the outset I established that money was owed and made many offers to make payment subject to the correct figures and how they had been reached be given to me.I also questioned what action was being taken on my behalf as a client with their bank to establish how it could take them an unprecendented 16 weeks to notify a problem had arisen. When I did not receive a reply I wrote again but it would seem the person in question had already applied to the County Court for without any notice a hearing had even been scheduled I received a Judgement for claimant (in default) made on 9th February which I received on 13th February I applied immediately for the case to be laid aside to allow a defence and have been given the date April 28th for the hearing. Today a High Court Enforcement Officer arrived at the shop in question and told the staff he was going to remove the contents of our general dealers unless he was paid in full there and then. I was not available and he refused to speak with my wife on the telephone which was all the action the staff could take, he threatened that if they locked the shop door he would smash it down. When I did eventually get to the shop the explanation I gave him that the appliction to have the judgement set aside was ongoing made no difference. He had apparantly contacted a locksmith and hired a removal van to carry out the enforcement. The writ tells me the company concerned had applied immediately the Judgement was made for it to be enforced. Here was I thinking thry had not replied to my letter because they needed time to gather the information I had requested. What should have been a straight forward no fuss matter if the company concerned knew how to add up and give me an accurate figure for settlement then I would have expected to pay approx £1,500 I was escorted to the bank by the enforcement officer and ended up paying just short of £4,000. Any comments or advice where or what to do next would be greatly appreciated