sherforce towed/damaged mates car over my business debt!! **paid repairs**

[susie66]

Reasons why it has taken so long.

According to the "rules" of sherforce!

 

* can't speak to me as it is my friends car

 

* can't speak to my friend because it is my debt

 

*received the paperwork for third party claim

 

* not received paperwork for third party claim

 

* paperwork with client nothing they can do until client answers

 

* nothing to do with them, all the client s fault

 

* you contacted us on a day with a "y" in it a unfortunately the only person that works for us with a brain cell is unavailable!!!

 

The one thing they seem good at is excuses.

Obviously excluding the last one, these are some of the excuses used over the past 4 months

 

Regarding tax and insurance

he is collecting it today and has now taxed and insured it so driving it back is not an issue.

 

 

As for compensation etc that will definitely be looked into thoroughly once car is safely returned.

 

 

The car is at auction house 2 hours away.

Obviously car needs to be checked for any damage due to the "aggressive" removal.

 

 

Don't think this is over by any means but main thing at the moment is the return of the car.

 

 

I will keep everything updated on here as I think this is going to be a long drawn out affair

[ploddertom]

Once they had received the claim they are then responsible for handing it on to their Client to admit or deny the Claim - if I remember correctly the Client only has 7 days or the Claim is automatically admitted.

 

I think there is a lot of mileage left in this yet.

[wonkeydonkey]

PT is correct, the claimant had 7 days to admit or refuse the 3rd party claim but, Sherforce play a major part in that as they should have chased it up. Once the car is back and any damage issues are logged, I would be looking to claim back from Sherforce and the Claimant by issuing N1 small claim to include the loss of use of the car over the last 4 months. Please come back to us and we can help your friend with the claim,

[susie66]

Thank you WD.

Will come back to you asap.

 

 

Just want to get his car back to him as this has been a very stressful experience for him as the debt is nothing to do with him.

 

Imho they have acted totally unprofessionally and have deprived an innocent party of their vehicle for 4 months despite having all the evidence they asked for to prove the car was his.

 

I presume that any claim for damage to car and compensation will be directed to sherforce?

 

Without a doubt this is not over as their total incompetence has caused this to continue for a ridiculous length of time

[HCEOs]

It is surprising that any HCEO would remove a car without DVLA checking it first unless the ownership was already admitted or other circumstances gave reasonable suspicion that the car was the debtors. Fluffy toys are certainly not proof of ownership and in my opinion not enought to warrant a removal.

 

However, it is likely that the claimant disputed the claim for some reason. This could be due to advice given or, as so often is the case, they have seen the debtor driving around in the car (she did say she was insured). Of course it would raise suspicions as to why she is insured on her 'friends' car that was parked on her drive. Unfortunately HCEOs are often lied to about these kind of situations and if the claimant indemnified the removal they may have had little choice.

 

In the circumstances it could well be the claimant that ultimately foots the bill here. Either way the car's owner certainly has a claim for losses.

[wonkeydonkey]

I can appreciate not everyone tells the truth when faced with an unannounced visit from a HCEO but I think what you say at the outset holds the key here, the car should not have been removed without a DVLA check having been undertaken PRIOR to its removal.

 

I don't see why it is suspicious to find someone insured to drive a car they do not own? All my family are insured to drive each others cars and my neighbor is insured to drive mine, quite simply because due to a disability I now very rarely drive myself and with my OH being at work it allows me to get out and about without him having to be available to drive me.

 

ps. my neighbour also does a lot of running around for me using my car, shopping, picking up prescriptions etc etc.

[susie66]

Thank you hceo. Once car is returned I will be able to go into all details. Don't want to do anything at this stage to jeopardise that. They do not play fairly and sadly my friend has paid the price so far.

[HCEOs]

A fair point WD and clearly the OP has stated her case on here. I'm certainly not suggesting she is lying but can understand why suspicions were raised albeit not enough to remove. The car could have been seized on paper and a claim allowed to be made.

 

But as you say, any enforcement agent that removes without a DVLA check first (even though it's not proof of ownership) is taking a risk.

[ploddertom]

What this tells me is that Sherforce have some "untested" Enforcement Agents working for them

and if the back office has been reduced to compensate for a downturn in business

it makes me wonder if they are actually fit to be in this business.

 

Shereforce's 2 Authorised HCEO's have some searching questions to answer

as indeed they are ultimately responsible for the actions of their minions.

 

Of course it could be said that if you are out of the country a lot then how can you check to see what is going on!

[susie66]

I will update this evening once car is back with owner.

I have told no lies and the car is not and never has been owned by me.

 

I am also insured on both of my children's cars and another friends.

 

 

Didn't think that was unusual.

 

 

When I owned a car 4 years ago others were also insured on that.

[wonkeydonkey]

Indeed PT any ship without someone at the helm is likely to end up on the rocks, Sherforce appear to have gone without guidance since the HCEO hopped over the pond.and the only member of the crew, who ever displayed a good knowledge of enforcement, did right to jump ship and further his career.

 

What goes around comes around as the saying goes and bottom of the pile would appear to be exactly where Sherforce find themselves today with little or no respect from within the industry.

[brassnecked]

They have certainly earned their unwanted (by them) nicknames of Sherfarce and Sherfarts with this little mess. Notwithstanding the Bridlingto Chippy, and the other BIG case....Huntress Foods & Capeneum

[susie66]

Hi everyone.

 

Sorry for delay in update but we are not sure how much we should post on here in case of "spies"!!

 

The car has been collected and is in a bad state.

 

Moss growing around all the windows

numerous scratches and dents and substantial damage to both rear doors which is obviously new.

 

My friend is very upset as car was in spotless condition when removed.

 

Not sure what to do next.

 

Have e mailed sherforce to tell them of obvious damage.

 

That is without inspection by garage to see if it is structurally damaged due to "aggressive" removal.

 

Thanking everyone for their help so far in this epic story

 

Susie

[ploddertom]

Have you checked to see if SF have received your message or have they acknowledged it? Has all the visible been photographed? Are there any pre seizure photographs available? When collected did you have to sign anything? Was any damage noted on collection?

 

I suspect SF may well just try to ignore this in the hope it will go away.

[brassnecked]

Might be worth friend geting t a quote for repair and include it in correspondence to Sherfarce, indicating that the third party may resort to litigation, with the possibility of bailiffs or HCEO being unleashed on Sherfarce if the damage is not paid for, and a CCJ is obtained or the full value of the vehicle if the damage is so severe as to indicate a write off.

[HCEOs]

Your 'friend' will have to prove a loss if he wishes to embark on any form of claim. This could be for not being able to use the vehicle or for potential damage.

 

With regard to damage, did you take any photos of the car before it was taken? Proving the damage can be very difficult if not. Even if there is damage it is likely that the HCEO will in turn bring in the removal contractor who will no doubt claim via their insurance.

 

And in terms of any loss of use your friend will have to provide invoices from a bona fide hire car company or travel expenses incurred during the period it was in storage. Bogus claims for car hire from a mate are all too common and will not suffice. Again it is likely that the creditor will ultimately be liable for any costs here as it is almost a certainty that they disputed the 3rd party claim.

 

Before embarking on any litigation I would strongly recommend you seek proper legal advice from a solicitor as whilst this forum is probably the best out there you really need professional advice.

[brassnecked]

An excellent check and balance from HCEOs, if you do claim dot those i's and cross those t's.

[wonkeydonkey]

Solicitors do not come cheap (I could live a week on what some charge an hour) however HCEO's advice is sound.

 

From experience in acting as litigant in person, it paid dividends (and saved a fortune) in that I had done all the ground work and preparation before getting a solicitors opinion. It saved me considerable costs to his time because he could see at a glance what my claim was about and furthermore he didn't need to draft the particulars of claim or the supporting witness statement, he read through everything and made a few suggestions to ways I could improve my submissions, I think I met up with him twice and in total I spent less than an hour with him.

[susie66]

Thank you to everyone that has replied.

Yes there are pre removal photo's

and yes we have photographed obvious damage.

 

Sherforce have not replied to e mail, unsurprisingly.

 

Will be getting car checked all over at dealership as I presume that is best.

 

Not really sure from replies the chances of resolving this.

 

 

Just seems more than unfair that a third party can end up out of pocket through a debt that they are in no way responsible for

 

Just to make clear that he has no intention of submitting any bogus claims.

He just wants the car returned to condition it was in before removal.

[brassnecked]

Work out a schedule of loss, and collate any expenses, along with any receipts or bank statements showing the expenditure.

[wonkeydonkey]

As you can show the cars condition both before and after its removal, there can be no argument the damage resulted by way of Sherforce's actions. I would rate your chances to recovering all the costs to returning the car to its former condition to be very high.

 

I agree you should view any further costs evolving from their action very carefully but do not dismiss them. I would strongly suggest you collate all the evidence then put in writing your proposals to a resolution, send that to Sherforce, copying in the the Claimant, by email and signed for royal mail.

 

Make it very clear to them you are not prepared to allow the matter to drag on and you want a reply in 14 days of the date of your letter and give them fair warning that after that you will start due process to reclaim the costs to the damage through the County Court.

[susie66]

Ok. Thank you WD.

Just such a nightmare to date.

 

 

The debt is mine and I don't dispute that.

I had to give up my business due to a combination of the recession and I'll health.

That is not my friends fault and I have with his permission been driving the car since its purchase.

 

 

Never realised that he was going to be caused so much trouble because of this.

I obviously do not want him to suffer the consequences of a debt that is mine.

But because of my financial position the "risk" is all his.

 

 

The auction house told us it had been left outside for the 4 months they had it.

The major damage on both rear doors is obviously new because the weather hasn't even got to it

 

I am also unsure as to who he is claiming from.

There is the officer who attended,

the removal company,

the auction house,

sherforce themselves

and the creditor!!

 

All we know is it was fine when it left here.

 

 

Once it went we obviously don't know who caused the damage.

It could well be a combination to confuse the matter further

[wonkeydonkey]

You start the process with Sherforce and copying to the claimant see post #74, the bottom line is the claimant gave the instruction to Sherforce and they in turn carried it out .As yet you do not know why or even if, the claimant denied the 3rd party claim and that is something Sherforce need to make clear.

 

If the concerned party's want to take the high road and meander the braes and glens to apportion blame that is for them to do BUT, it should not interfere with you getting a resolve..I think you have reached the stage whereby it would be better not to disclose your future plans on the open forum, as you say the posts will without doubt have attracted Sherforce interest. I gave you my private contact details at the outset and now seems to be the right time to put them to use.

 

As to the problems you blame for this, I think we can also help get those sorted.

[susie66]

Ok thank you WD.

I will PM you from now on if that is not too much trouble for you.

 

 

I am doing nothing wrong but don't think it is a good idea for it to be on an open forum.

 

I do not want to jeopardise his case by doing that.

 

To everyone else I thank you for your help to date and when is appropriate

I will let everyone know the outcome.

Susie x

[dx100uk]

would be better in the open

 

CAG is here to help everyone.

 

if your thread goes dead

it wont help readers in a like issue

that latterly come here

 

you found cag by reading and seeing like threads.

 

they helped you

 

keep it going.