Bailiff company the Sheriffs Office

[cardifflee]

Hi all

ok I borrowed some money money off an ex about £,2000. We split up and i moved to Wales from leicester.

i tried to contact her to pay off this debt but was unable to contact her and ill be honest i didnt try a lot after that.

I got an attachment of earnings order against me which i was paying £60 a month. I was made redundent so the payments stopped. When i was back in employment i contacted the Court to ask to start the payments up again. i was told this was not possible as i had to wait to see what action she wanted to take next.

Not heard anything untill a couple of weeks ago. I got home to find 3 pieces of printed paper pushed through my door not in an envelope says the sheriffs office had called to remove gods etc etc

i called the Bailiff on his mobile and told him i wouldnt allow peaceful entry he said fine ill take your car.

He told me to e mail the company. I tried calling them but the number is an answer phone telling me the only contact they accept is e mail.

I have e mailed a couple of times asking for the breakdown of fee's approx £1700 so far. I got o acopy of the fees which include DVLA checks auction fees and all the other rubbish they put down.

My question is can a Bailiff drop open paperwork through your door? (twice now) and can they charge me these fee's which have not been actioned?

Thanksin advance

Lee

[bluebottle]

Re: Bailiff company the Sheriffs Office

Hi Cardifflee and welcome to Legal Beagles.

The Sheriff's Office is the trading name of Sheriff's High Court Enforcement Ltd. I would strongly advise you to contact the OFT's Credit Fitness Team first thing on Monday morning.

The reason for this is that Sheriff's High Court Enforcement Ltd has the following entry on the OFT's Credit Enforcement Files as follows -

29 September 2011

Sheriff's High Court Enforcement Limited

Consumer Credit Licence No.: 635117

Adverse Determination of Minded to Refuse Renewal of Licence. Appeal to First Tier Tribunal.

Appeal Rejected.

Please be aware that the OFT do not take a decision to refuse, revoke or refuse renewal of a licence lightly.

The telephone number for the OFT's Enquiries & Reporting Centre is 020 7211 8000.

Are Sheriff's acting as Certificated Bailiffs or High Court Enforcement Officers? The reason you need to speak to the OFT is because if the debt you owe can only be collected by a company/individual holding a valid Category F Debt Collection Licence, Sheriff's may be well out of order if their licence has been revoked, or its renewal refused. I will ask another LB member who is very familiar with High Court Enforcement matters to look in on this thread.

[bluebottle]

Re: Bailiff company the Sheriffs Office

CEA Appeals showing Sheriff's High Court Enforcement.

[ploddertom]

Re: Bailiff company the Sheriffs Office

It sounds to me as if your ex has transferred enforcement to the High Court for enforcement. I would suggest over the weekend you do the following for action first thing Monday morning:
1 - apply for a Stay of Execution against the HCEO which if granted will halt all further enforcement or charges. The grounds for your application will be:
a - you cannot afford the fees demanded
b - pending determination of a Variation Order
The above may be applied for on Form N244 - cost £80, if on certain Benefits or low wage then you may be exempt from payment - see Form EX160a for details
2 - apply for a Variation Order, whereby the Court can set the level of payment, if current unemployed this could be as low as £1 per month dependent of I&E. Cost of application is £45 using Form N245, again could be waived as said above.

Please note the Stay is the most important application. I can help with filling the form in if required. The Forms may be found on HMCTS website, you can fill them in online and print but not save - however if IT literate there is a way to save them.

[cardifflee]

Re: Bailiff company the Sheriffs Office

there acting as High Court Enforcement Officers

im just concerned they post letters through my door not in envelopes just the loose papers, also charges for things they havnt done like DVLA checks and auction fees etc

[bluebottle]

Re: Bailiff company the Sheriffs Office

Ask to see proof they have actually incurred these expenses. However, as well as following Ploddertom's advice, you need to contact OFT Credit Fitness Team, first thing Monday morning.

[ploddertom]

Re: Bailiff company the Sheriffs Office

Ask them for a break of their charges. Even better is to submit a SAR - cost £10 but well worth it for the results although you may need help to decipher the results. Are you aware that if you keep the HCEO at bay by denying him entry or otherwise preventing his seizing goods outside he is basically powerless and aftera few visits will return the Writ as abortive. The Writ itself is valid for 12 months and can be renewed on request or could be issued to another Company.

[lawlesslad]

Re: Bailiff company the Sheriffs Office

Hi Cardifflee, any news about the sheriff's office as in are they practicing without a licence?