Sherforce bailiff

[Celestine]

Re: Sherforce bailiff

But the point is that info given should be correct. Bailiff law is not open to interpretation or opinion, it is law. If incorrect information is given it could lead to disastrous consequences for posters if they follow it. That is why we should always get all the facts first before jumping in with advice and info.

Absolutely Wendy....so why didn't Amy provide that info at Post 5 then? Especially if she felt info given thus far was incorrect?

I'm baffled.......surely she wasn't setting people up to fail?? because that would be just mean and obviously unhelpful to the OP.

[WendyB]

Re: Sherforce bailiff

I'm not quite sure where all this is coming from Celestine. I can't speak for Amy, but I do know that I have been told, when I have personally complained to you about incorrect advice being given, that it's a question of interpretation etc and that I shouldn't keep on about it because you think it's a witch hunt. So I didn't post for those reasons, not because I was deliberately withholding information.

[Celestine]

Re: Sherforce bailiff

I'm not asking why you didn't post Wendy?

I asked why Amy didn't post the helpful info at post 5??

If you don't speak for Amy, why are you trying to?

If incorrect advice is given, other more knowledgeable posters can correct that advice. That's the normal decent thing to do.

If they refuse to provide that advice to just 'show up' others, then that is unpleasant and unhelpful. Says more about them than anyone else.

That's where all this is 'coming from'.

[labman]

Re: Sherforce bailiff

As I was responsible for the initial response I feel I should firstly apologise to the OP for any confusion. The confusion was not actually so much with the law as with my knowledge of individual companies and not realising in my first post (I did in my second one) that Sherforce were HEO's which then obviously changes the whole perspective.

The advice following from me was taken from the Sherforce website, hence the complaint link and one of John Kruse's books. As he is one of the leading experts in the country on Bailiff Law I had no reason to believe the information was anything other than accurate - in fact I still haven't.

As far as other issues are concerned, it is a great shame on a website as good as this, and one which does help so many people, if those with the knowledge do not share it.

Amy's knowledge is excellent. There was a post the other day (possibly by Leclerc, but I'm not sure) where an apology had been made, and Amy made a comment along the lines of, "Nevermind, at least you're trying to learn."

That is the attitude which should, in my opinion, pervade the site. Personality clashes, egos, etc... have no place here. The site exists to help the people who post. Sometimes mistakes are made; in fact often mistakes are made, but 99% of the time these are dealt with perfectly amicably without becoming an issue.

The problem here was that I certainly felt like I was being put on the spot in the hope I would slip up. I fail to understand how anyone can knowingly and willingly do that to someone intentionally, and it felt intentional whether or not it was. I also fail to understand why IF that person knew the answer, they did not post it up so we can all learn from it. That way, the OP gets the help needed, those with a lesser knowledge learn and hopefully we all keep trying to do our best for people with problems.

[WendyB]

Re: Sherforce bailiff

The site exists to help the people who post. Sometimes mistakes are made; in fact often mistakes are made, but 99% of the time these are dealt with perfectly amicably without becoming an issue.

The issue is, that if we correct mistakes, we are slated. If then we don't correct, there is an accusation of being unhelpful/withholding information. Lose/lose situation. This thread is not the place to be discussing this, and personally I feel that Amy's treatment thus far on this thread is disgraceful. No-one else has been rebuked and slated so publicly, have they? Indeed, you yourself gave incorrect info, but you haven't been pilloried for it. Which is worse, incorrect info or none at all? That is what I was trying to get at in my earlier post, that we should be in possession of all the facts before posting. Especially as bailiff law is bailiff law, not open to interpretation, which is why it's so important to get it right in the first place.
Anyway, enough said for now. I shall start a thread in VIP later tonight, where I shall share stuff out in the open. I will not deliberately name names or set out to cause hurt or embarassment to anyone. But it will be truthful.

[steve3112]

Re: Sherforce bailiff

Hi I now have a court date to prove / claim vehicle was wrongly taken/sold am I within my rights to claim any sort of compensation for what has happened if so what would be an acceptable amount per day/week of being without the vehicle stress etc a quick response would be much appreciated as I have to forward details and amounts of my claim a.s.a.p many thanks

[pepsie]

Re: Sherforce bailiff

Hi I now have a court date to prove / claim vehicle was wrongly taken/sold am I within my rights to claim any sort of compensation for what has happened if so what would be an acceptable amount per day/week of being without the vehicle stress etc a quick response would be much appreciated as I have to forward details and amounts of my claim a.s.a.p many thanks

Only you will know what it has cost you in time and money to live without the car. Whatever you ask for in Court they will reduce by roughly a third so what ever figure you claim keep that in mind!!

Pepsie

[Guest]

Re: Sherforce bailiff

Sherforce are HCEO's, and the Form 4 complaint is only for complaining about a bailiffs fitness to hold a certificate. HCEO's dont need a certificate unless he is collecting traffic debts for local authority.

Hello looking for advice my wife had a debt for overpayment of benefit when we were not together.
The debt is soley in her name we had a call from above mentioned company (Sherforce) one sat morning without any notice demanding 5000 in 20 mins or someone will be round to remove goods, my wife contacted them straight back but they were non negotiable we to pay full amount.
I woke around 6.30 the following Monday to find my vehicle owned by me, not my wife who's debt it is had been clamped, I immediately contacted the bailiff to try to explain the car was mine but again he did not listen, I had to go to work but carried on trying to resolve issue with numerous calls to bailiff and the company until I received a call from my wife saying the car bad been taken.

Provided the debt the car was taken as a security for someone elses debt, then you can replace the car on a like-for-like basis and charge it to the HCEO company. You have a right to make a claim in the County Court, and ask for the daily rate for deprivation of the normal use of your car.

Report the car stolen. Even if the police do not accept it has been stolen, it will still be recorded in its HPI as having been reported stolen.

To cut a long story short we have come to a repayment arrangement which we have stuck to religiously, we were sent an e-mail letter stating where the car was and we could collect by taking 2 forms of Id, I then contacted them and they agreed to have the car delivered back to where it was taken from, I was promised this on 2 occasions had 2 days of work as was told by them I had to be there as car was mine.
On the 2nd occasion I called them around 4.30pm as no car had been returned to be told sorry your car was sold 3 weeks prior to them sending the e-mail stating where to collect the car from, are they within their rights to do this please help as we have been relying on public transport for schools work ect as we don't know where to go from here

Collate all your costs and losses and make a claim in the county court. Include everything including unexpired tax, insurance, petrol in the tank and your laptop under the seat etc. I think you should get a free solicitors consultation and try sounding it out before drafting your claim particulars.

I do know cases owners have had their cars replaced at the bailiffs expense. There is no such thing as 'betterment'. You cannot claim on your insurance because you have no crime number.

If your car is on finance, then notify the finance company and they can go round and recover the car using your spare key when the DVLA receives notice of a change of keeper.

[bluebottle]

Re: Sherforce bailiff

If the car was taken without lawful authority, it is regarded as stolen property. As such, the car still belongs to the lawful owner. Report it to the police and don't take any bull from them about it being a civil matter - it isn't. Take the V5C to the police station with you as proof you own the car. Unfortunately, whoever the poor so-and-so who innocently bought the car is, once it is reported to the police as stolen, they will be stopped and the car seized. As a result of this, the bailiff's employers or whoever sold the car on behalf of the bailiff or their employers will receive a visit from the police asking some very awkward questions.

As a retired policeman, my knowledge and experience tells me that the bailiff involved may not be a bailiff for much longer. Best of luck.

[steve3112]

Re: Sherforce bailiff

hi thanks for all the info regarding this, the case went to the high court yesterday with a sherwins solicitor ourselves and a high court master, when in the room anything i tryed to explain was shot down by either sherforce or the court master i had made a list of expenses values ect which was asked for but no one was interested in what i had to say i explained about the errors on sherforce regarding the dates the car was released/ sold but was told by the master sometimes errors occor his actual words to me were sometimes mr edwards its best to put up or shut up, i was awarded £700 from the sale of the car but that has not been confirmed by sherforce as they have not received any money or confirmation from the auction house that this is the exact amount there were no receipts or letters to prove this amount, i was very frustrated at this point and asked the master if i have a right to appeal this case in which he replyed you have 14 days to appeal in which i have to approve whether you have any ground to appeal. it now follows on that sherforce have been granted 28 days to come forward with the £700 from the sale of the car which book price is around £3000 if i accept this in sherforce or the courts eyes would this ruin my chance for appeal as it has been accepted i have made appointment with a solicitor to see where i stand but any further help advice would be much appreciated as i feel very unfairly treated when sherforce admitted i had made a claim to the car but it was sold anyway it just felt like all they wanted to do was protect their bailiff from any action

[labman]

Re: Sherforce bailiff

Steve,

This is appalling! Are the remedies previously suggested through the County Court system still open to you now? Did you ever report the car as stolen?

Surely there must be some fair remedy for you to reclaim the value of your car. Was the criminal aspect of the car being taken unlawfully brought up in the High Court hearing?

[steve3112]

Re: Sherforce bailiff

i hope i can bring this to county court as i said i am seeing a solicitor tommorrow who has so far advised not to accept any monies as this could jepordise any future case being bought against them i just feel so unfairly treated as i have been the victim in this matter but made to feel that im not i find it hard to understand how the master at court yesterday can award £700 from sherforce to me without any corespondance from the auction company stating how much the vehicle sold for it was just hearsay from sherforce i would of thought they would have to provide evidence of the sale for the award to be valid and to award them 28 days to forward any money and me 14 days to appeal against them just seems so unfair
------------------------------- merged -------------------------------
yes i tried to bring the criminal aspect up in court but was shot down every time i opened my mouth, i know the sherforce rep was talking to the master at court changing paragraphs to protect the bailiff stating that he acted lawfully in the matter but all the paragraphs that were quoted were just agreed by the master, not actualy sure what a masters role is and what powers they have

[labman]

Re: Sherforce bailiff

Judges, Tribunals and Magistrates | Judges | High Court masters and registrars

I note they are responsible for the enforcement officers. Is this a case of them looking after their own?

Good luck with your solicitor tomorrow, I really hope you can get justice with this one.

[ploddertom]

Re: Sherforce bailiff

On what grounds did you go to the RCJ on? Had you advised Sherforce when the car was initially that it was subject to 3rd party claim & if so how long after seizure was this done? Were Sherforce's costs for more than £1k?

[steve3112]

Re: Sherforce bailiff

Sherforce had organised the rcj case as when I spoke to the regarding the case they had admitted the vehicle was mine