Sherforce Baliffs are lying bullies

[MPThompson]

I already posted details about a situation which I find myself in through no fault of my own.

Please excuse the length of this post.

I had some eye trouble a couple of years ago and wanted to buy a larger car to get around in, so I bought a 15 year old jeep cherokee diesel with no tax or MOT off eBay

Whilst I was off driving after having surgery on my eyes I paid to have the jobs done on the car and had it MOT'd I used it for some months but found it expensive to run so I put it back on eBay with nice pictures and a good discription. ( this is where my problems began)
A man from Scotland rang me and said he was looking for one of these cars and after knocking the price down we agreed a price and he sent me a deposit via paypal.

After 2 weeks he collected gave the car also a 1 hour test drive and some underbonnet checks he paid me and left.

About 10 weeks later he wrote to me saying he took the car 2 a garage for a full 50 point check and some problems had been highlighted. these problems were in his opinion part of the MOT and he wanted me to pay to have them corrected although he didnt at this stage mention any prices.

I refused it was a secondhand car 15 years old and was sold as seen tried and tested. BIG MISTAKE

The guy lives in Edinburgh 450 miles away so he took out a case in the sheriffs court. I replied saying I couldnt travel 450 miles was it possible to transfer the case nearer as I live in Milton Keynes.
NO REPLY

A few weeks later a letter from the court saying hearing had been postponed as I didnt turn up, I telephoned my solicitor, they said they couldnt do scotish law and to et a solicitor in scotland or get the case transferred.

I phone 3 scottish lawyers they said due to data protection I would need a face to face meeting with them to prove my identity. I had no money and couldnt do the trip so I rang the court office.

They recommended a court lawyer who suggested writing to the court to explain the problem, I wrote by recorded delivery. (and heard nothing) The new date for the hearing came and went and I heard nothing. I made another big mistake, (I didnt get in touch to find out what happened).

Now sheforce visited me to say a claiment in scotland has been to the high court in England, ( I never was asked to attend) and they wanted £4200.
My problem is the car sold for £1250 the guy claimed £1600 inc his costs where has this figure of £4200 come from and how do I not pay it.

I have not been to court or been notified of a court date in England, I didnt have any corespondance from anyone since the first sheriffs court to which I replied. IS this Legal?

Please Help, sherforce have said they are going to take my daughters car, even though I emailed them to say it was my daughters. Sherforce had not given me any paperwork only threatening emails and phone calls. Seem completly unreasonable. I went to citizens advice beareau but they don't do scottish law and refused to help me.

I have given up work because my retina was not repaired in my left eye and now there is tear in my right eye which means I only have limited vision. I don't have any money to pay and I feel why should I pay I havent done anything wrong.

Please help.

[bluebottle]

Re: Sherforce Baliffs are lying bullies

I've seen your other thread. You need professional legal advice asap. Get in touch with your local Law Centre this morning and explain the situation, legal and healthwise. In my view, this Caledonian Cretin and Sherforce need to be taught a lesson in commonsense and that you don't abuse the law or those with health problems such as your's.

[pepsie]

Re: Sherforce Baliffs are lying bullies

Can I just clear a couple of points before I advise further. you say sherforce have visited so it is assumed they left paperwork? can you tell me details of the Form 55 Notice of Seizure, ie was it raised in the Queens Bench Division at the Royal Courts of Justice?
The normal procedure is for the Court in Scotland or Northern Ireland to issue a certificate under Section 18 of, and Schedule 6 to, the Civil Jurisdiction and Judgments Act 1982.

For Scottish cases this is normally known as a Form 1 (which is a different Form 1 from their form of summons to start proceedings which appears also to be called Form 1

This certificate certifies the date of judgment and the amount due under the judgment and whether interest runs and if so the amount and the date from which it runs. In Scottish cases this is commonly different from the date of judgment, sometimes earlier, and sometimes there are different dates and rates of interest applicable to different sums due under the judgment, for example if interest is due at a higher rate on some of the money under the Late Payment of Commercial Debts legislation.

The certificate (Form 1) has to be registered in the Central Office of Queens Bench Division of the High Court in London before a writ of execution can be issued. There is no fee for registration of the Scottish or Northern Ireland Judgment in the Queen’s Bench Division of the High Court of Justice in London but the Court allows £39.00 additional costs for the registration process.

It is important to note that the Certificate of the Court in Scotland or Northern Ireland must be registered in the Queen’s Bench Division within six months of the date of its issue otherwise an updated Certificate will be required.

Pepsie

[MPThompson]

Re: Sherforce Baliffs are lying bullies

sorry I havent had any paperwork only a scanned copy which was sent via email from the baliffs office after I threatened to fill in form4 asking about the fees. I cannot read the dates or amounts but it def says queens bench division high court. the amount was £1600 plus fees £3022 and now thats £4622
I sold the car in 2011 the buyer asked the sheriffs court for judgement in june 2011 I did reply to the original court papers asking for the matter to be transfered to my local court I had no reply. I recieved another letter from the court notiying me of a new court date as I had missed the first one. I contacted lawyers heremand in Scotland and the only thing I could do was send a recorded delivery letter to the court telling them I couldnt attend for heath and financial reasons that was the last I heard from anyone until last week I had was this knock at the door . The lady was intimadating but I wasn't if you know what I mean! she wanted to come in but I didnt let her. and she left. not leaving any paperwork behind just a photocopy sheet with their details (Sherforce reference number and an ammount to be collected)
I have been to citizens advice no joy they dont do Scottish law apparantly, I telephoned the original court in scotland and they said I only have 2 weeks to deal with any quieries from the day of judgement or the day of finding out about the judgement. As I had waited for an appiontment with CAB it was 2 weeks and 1 day so I couldnt get any joy there.nt ahead. I never had anything in writing but this dosent matter its the claimants job to notify me of the judgement. He didnt but he seems very clued up as he has transfered the matter to english high court to get this writ that sherforce are trying to exicute.
It really is a lot of pressure to deal with and when you ring up these people they just want money! which I dont have.
shall I just ignore it and hope they get fed up, or is there a way to stop the pressure?

[pepsie]

Re: Sherforce Baliffs are lying bullies

You can still apply to stay execution and set aside this Judgment...Court do allow some leeway however you must be quick to do this like tomorrow.

You will need form N244 and if on low income you will also need form ex160 to apply for fee remission.

If you have any problems filling them in then please ask and I will help with this. Can you tell me where you live so I can check to see if your nearest Court is a District Registry able to deal with High Court matters because if not you might have to send the stay to the High Court.

Time is of the essence here so................

Pepsie

[MPThompson]

Re: Sherforce Baliffs are lying bullies

Its Milton Keynes I went to the court for form N244 they said I need to ask the high court for 1 is this correct or can I download it from somewhere?

[pepsie]

Re: Sherforce Baliffs are lying bullies

Made boo-boo

[pepsie]

Re: Sherforce Baliffs are lying bullies

Ok here we go again....MK is a District Redistry and yes they are able to deal with High Court matters, often it is the case the back room staff do not get to see this type of application very often but, the Court Manager should be aware you are allowed to make the application at that Court so do not let them beat you down when you take the forms in.

Heres the link for the form http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244_e.pdf

I have also asked PT tp drop by and give your thread a look as I am very busy at the minute and don't want you hanging around waiting for answers if you have questions to the N244 etc.

Pepsie

[ploddertom]

Re: Sherforce Baliffs are lying bullies

In my view the Form when completed should be taken to Court in person - preferably on a morning before 11am - you explain the urgency of the application and usually a spare Judge may be found you will hear the application immediately. There are some Courts who can even furnish the Order within 30 minutes. If your local Court is not used to dealing with these you may have a bit of an argument with them. Most of the large inner city Courts do this work day in day out so if there is one within a reasonable distance I would go there, might be best to check by phone though.

[MPThompson]

Re: Sherforce Baliffs are lying bullies

Thank you both I am doing it today by downloading the form and taking to Milton Keynes court will let you know once I have filed it

[MPThompson]

Re: Sherforce Baliffs are lying bullies

I now have the form and the copy of the siezure notice from sherforce which number is the claim number for the form n244 also the name of the court is that Milton Keynes where I am taking the form or the queens bench division where the claim was made in london?
let me know cheers

[pepsie]

Re: Sherforce Baliffs are lying bullies

You need the CCJ & Writ numbers for the form, when completed take it to the Court at MK, be prepared to argue with them to accept it.

N244 Form:

Name of Court - where CCJ was awarded in your case Scotland
Claim No - CCJ number
Warrant No - Put Writ No in here
Claimants Name - name of Claimant as entered on CCJ
Defendants Name - name of Defendant as entered on CCJ - yourself
Date - when you filled this in
Q1 - put your name in here
Q2 - tick relevant box
Q3 - a brief description -
i. You are applying for a hearing of Set Aside to the Judgment by Default.
ii. You are applying for a Stay of Execution pending the your application to set aside
Q4 - tick no
Q5 - tick at a hearing
Q6 - leave blank
Q7 - leave blank unless relevant
Q8 - District Judge
Q9 - Claimant & Defendant & HCEO
Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted.give all the information you have put in your post and the facts and regarding the request to transfer etc.
Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date
Q11 - fill your details in (name and address)

Pepsie

[MPThompson]

Re: Sherforce Baliffs are lying bullies

Ok well this continues...
I downloaded the form N244 and completed it using the instructions Pepsie sent through I spend an hour on a statement sheet with bullet points and everything then took it to the court.
The receptionist said I couldnt file it there as the matter wasnt heard there.... I argued as instructed in one of the posts... she refered to her boss who then had a word with a judge. he would let me submit the form for a stay of execution but not the set aside matter and reffered me to the Scotish court. The problem I now have is that they will not accept any vairiation on the judgement as its been passed to English courts.
Help where do I go from here?

[ploddertom]

Re: Sherforce Baliffs are lying bullies

Have a read of this from "another" place http://www.consumeractiongroup.co.uk...CJ-in-Scotland the link in Post 3 still works

[pepsie]

Re: Sherforce Baliffs are lying bullies

ok if that is the case then you can apply to have the 'decree' recalled... if you explain your disability prevents you from travelling alone and you will need assistance to undertake the journey, they can hear it in your absence....otherwise you can travel to Scotland and if successful ask for your costs?? the most important aspect you have accomplished is to get the stay heard locally, the Judge will guide you to what the next step will be and you will not have the pressure of waiting for the next knock on the door from our fiends in Braintree.....Sherfarce!! so well done your on the way to getting this sorted.

Pepsie

Pepsie