Sherforce-fake high court enforcement officer-long story-help!

[TideTurner]

There will be plenty of this over the coming months, as more people are unable to repay debts, unable to re-mortgage due to property prices falling instead of rising and increased unemployment.

 

As Hceo has stated, he has got out of the industry due to the unpredictability of clients. This is human nature. If the bailiffs are too soft, they don't achieve their targets. After all, it i a necessary evil which has to be done. However, people react in different ways, some put their head in the sand, others feel threatened and choose to strike out.

 

At the end of the day, you should always query costs applied and request a breakdown of your "account" (letters in, letters out, telephone calls, in/out, attendance, travel time etc). Then insist on justification.

 

Bailiffs offer a service to the creditor. You could contact the creditor and ask them why they have sent the heavies around, who are clearly threatening you. Tell them you have recorded all conversations with the bailiff, and you are considering a complaint to the Police for threatening behaviour, and to the DTI as the service provided amounts to thuggery.

 

You can also report the creditor and the bailiff to the FSA / FOS and get them monitored.

 

DO NOT ACCEPT A DEBT UNLESS YOU HAVE JUSTIFICATION THAT YOU ARE LIABLE FOR IT.

 

If the bailiff arrives or threatens you again tell them you are reporting them to the Police. In the interim, make every effort to repay the debt in installments, and keep a log of the payments. This will look good in Court if it ever gets that far.

 

TT

 

Edit: You could also hit the bailiffs with a Subject Access Request which will give you the information and balance provided to them by the creditor.

 

Does anybody know who regulates bailiffs?

Edited April 25, 2010 by TideTurner

[debtclearwizard39]

hi.I am speaking as an EX bailiff. I used to be a bailiff acting on behalf of the Magistrates court. collecting unpaid fines for crimes commited.

Under a warrant of execution we were granted the right to enter any premises in a peaceable manner,Ie open window, unlocked front door.or with a locksmith. You must remember that bailiff law goes a long way back in history to around the 11th century (the bailliwicke of the parish).

a few things regarding magistrates court bailiffs (directly employed or "sub contractors".

1. They cannot make a levvy on your goods without entering the premises.the cannot guess that you have a 3 peice suite,etc etc..they cannot look through your windows and levvy goods (this is known as a constructive levvy) its now illegal.To be technicaly legal a bailiff must actualy touch (spot) every item he/she is intending on seizing.

2. you do NOT have to let them in ,best advice ,stand in the doorway so they cannot enter.if they push past you or try and get you out of the way, they are then commiting trespass and also assault. (this point needs to be clarified by a person with legal knowledge).

3.if your vehicle or vehicles are parked on your driveway (off the road) the bailiff is entitled to put a levvy on them,even if it is your van or car for work).if its a company car or not your vehicle ,it is up to YOU to prove its not. they can clamp your vehicle and remove it there and then.unless you can prove there and then it is not yours.

4. NEVER get physical or threaten a bailiff with violence or become aggressive, remember ,they are in possession of a warrant of execution signed by a magistrate..and the police will be called and you will be arrested or removed from the situation ,this then clears the path for the bailiff to walk in to your home and take everything.

5. If you feel aggreived ,or you feel anything about the conduct of the bailiff is not right, then you need to lodge a complaint to the court that issued his/her certificate..(they must produce their certificated id card to you upon request).A company that employs a bailff will NOT want any adverse publicity.

[debtclearwizard39]

re: HCEO,s. These enforcement officers will have a writ of "FIERI FACIAS"

There charges are way way over the top. If you end up with one of these writs (only issued by the High Court")..and you disagree with the charges.the you can download form N244 from the HMCS website and apply for the writ to be stayed.Dont give a 4 or 5 page jackanory (this will just **** the senior judge or master off). keep it blunt and to the point..ie

"I wish to apply for this writ to be stayed,to allow me time to consult my legal advisor,as i beleive that the charges and interest are not justified.I am currently in receipt of benefits,having ceased trading since this alleged debt was incurred".

dont scared to challenge it.Dont try to reason with a bailiff on the doorstep,I say this as someone with experience (80% of bailiffs are so thick they dont have the intelligence to understand politeness and basic manners", if they dont want to listen on the doorstep, just close the door and leave them on the doorstep.if they keep knocking your door or they prevent you from shutting the door,call the police straight away.they are bordering on demanding money with menaces..(again this point would need ot be clarified with a person of sufficient legal knowledge within thsi field.

[debtclearwizard39]

ok, i say name and shame. but remember in every walk of life there are good and bad people

If a bailiff has actualy been civilised and helpful then on the opposite of name and shame, lets name and praise them

[seanamarts]

ok, i say name and shame. but remember in every walk of life there are good and bad people

If a bailiff has actualy been civilised and helpful then on the opposite of name and shame, lets name and praise them

Praise them!!! Im sure many people who are not bailiffs or ex bailiffs are going to do that.

 

BAILIFF "Good morning madam"

DEBTOR "Good morning bailiff"

BAILIFF"I hope you dont mind me calling, but I have come round to levy on your property because you havnt paid your fine/CT/PCN, Creditor."

DEBTOR"No not at all bailiff, come on in and I will make you a nice cup of tea while you are looking round my house and by the way I have a nice car on the drive way you can levy on to"

BAILIFF"well here are the things I have levied on..........If you forget to pay our payment plan, then I hope you dont mind but I will come back and take them, there will be a charge for that though."

DEBTOR"No No thats ok, I have plenty of money to pay you, and if I forget I can replace the items you take with out a worry. How was your tea?" "I will make sure to praise you for being a good and kind bailiff on the CAG forums"

 

There are far too manycorrupt bailiffs in the industry.

[Racingqueen1]

Hi guys, thanks for the information posted above. I am being pursued by Sherforce on behalf of Southern Water and have asked the Consumer Council for Water to investigate. As a single mum struggling in a recessive economy I find Sherforces behaviour and actions to be over aggressive and almost criminal. I now have a friend investigating the legality of their actions and behaviours and also the 'so called' high court writ that they have emailed me a copy of? None of their letters appear to be professional and appear as colour photocopies and their charges amount to extortion.

 

I am now in a position where I am having to contact CAP, christians against poverty, to help me sort things out. The Sherforce guy I spoke to on the phone would not even negotiate a payment plan when I first contacted them regarding the letter they pushed through my door (I was not home, only my youngest daughter was their and she would not open the door to him) They wanted at least £450 there and then, sure I said if I had that kind of money available do you think I'd be trying to negotiate with you!! They were not in the least interested in negotiating and wanted a large amount there and then!

 

If anyone has any joy in dealing with them I'd be glad to hear from them.

[tomtubby]

Can you let us know how much the debt was for that was passed to Sherforce?

 

Have they visited you and did they levy upon any goods?

 

What charges have been made by them?

 

PS: You do not have to let them into your home !!!

[Racingqueen1]

Thanks Tom,

 

Amount of Judgement £930.71

Judgement Costs £165.00

Cost of Execution £101.75

Charges HCEO £1172.59

Amount of Levy £2379.17

[Racingqueen1]

I wasn't home when they called, just got a letter through the door, the only items they could have levied on would have been an old car on my drive and an old elecric strimmer which had been left out in the rain. The car has no tax or mot and is for sale at £200 currently,.