Naked Fish restaurant gutted by bailiffs
A POPULAR seaside restaurant may be forced to close after it was gutted by debt collectors in a case of mistaken identity.
Bailiffs broke down the door of Naked Fish in Bridlington.
Ovens were ripped out, furniture was removed and even frozen fish and alcohol were confiscated.
A cooker was ripped out with such force, it caused a gas leak.
Kent-based debt collectors Sherforce claimed Naked Fish had unpaid debts and they had a High Court writ ordering the money be recouped from the business.
But, within a couple of hours Sherforce apparently admitted there had been "a terrible mistake".
It is still not clear how the error was made.
Owner James Goacher said they had caused a huge amount of damage and he had suffered four months of lost earnings since it happened in November.
The restaurant has been closed ever since while Mr Goacher tried to obtain a loan to have the kitchen equipment refitted or replaced.
The 31-year-old, who opened a second branch of Naked Fish in Hull city centre last June, said: "I was cooking at the Hull restaurant when I got a call from a neighbour in Bridlington to say a group of men were cutting the door down.
"He put one of them on the phone and he said they had a writ for Naked Fish from a company I'd never heard of."
Mr Goacher drove up to Bridlington immediately, but the restaurant, which was closed at the time, had already been cleared out.
He said: "I was devastated. I had put four years of my life into building up my restaurant.
"The fridges had been removed with all the food still inside, even the pictures had been taken off the walls. I was so humiliated."
After two hours of arguing with the bailiffs, they said he could sign a declaration stating the debt was nothing to do with him. He immediately signed it.
Mr Goacher said: "They became sympathetic. They said there had been 'a terrible mistake'."
Mr Goacher was told he would still have to pay to get the equipment back from storage. He refused.
On December 23, the High Court in London ordered everything be returned within seven days.
Mr Goacher, who lives in Brandesburton with his partner and six-year-old son, said: "What really worries me is the damage this has done to my reputation.
"People in the town thought I had gone bankrupt. I was ashamed to go out after it happened."
A High Court battle will now determine whether Sherforce can claim immunity from prosecution because of a loophole in the law protecting bailiffs.
After that, a separate claim will have to be filed to recoup the £132,000 Mr Goacher believes he is owed.
He said: "If I am not awarded compensation, there is a good chance I will have to close.
"I have worked so hard and now it could be taken away from me because of a mistake.
"I am hoping to reopen the Bridlington restaurant soon, but I just hope my customers will come back."
Sherforce declined to comment while the legal proceedings were active.
29 Comments
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by Joe, the seven sea's
Friday, March 12 2010, 8:51AM
“aaargh
my mums a pirate...”
by Joe, The seven sea's
Friday, March 12 2010, 8:50AM
“aaargh
my mums a pirtate”
by San Diego Tiger, Sunny SoCal
Friday, March 12 2010, 8:00AM
“Legal loopholes - hmmm. I still don't think that is not a good enough excuse for not checking facts before taking action.
I hope Mr. Goacher can overcome this problem and get everything paid back to him that this company took - including lost revenue.
If I lived there, or close by, I would definately be waiting in line the first day he opened. I would hope the local community would do the same.”
by Pete, Hull
Thursday, March 11 2010, 7:46PM
“I see Tony has taken time out to collect his long term disability payments before sending his usual dross.
This is the person who believes no one should get state benefits except him, and boy does he get them
Plus of course his support for the fib \ dems.”
by Bob, Bransholme
Thursday, March 11 2010, 7:35PM
“Amazing how the "system" reacts when money is involved -ripping out gas ovens, confiscating property, pity the same doesn't apply when crimes are comitted against people. Still we all know people are dispensible, money isn't...”
by Sam, Hull
Thursday, March 11 2010, 4:41PM
“There was a test case last year concerning a guy who lost his business when a county court fouled up and found against him for tens of thousands of pounds he didn't owe.
He brought an action claiming compensation but it was ruled that courts are immune to claims of compensation even when they have quite clearly fouled up due to gross incompetence.
If in this case the bailiffs went to the address they were wrongly given they would have a pretty good if not water-tight defence to a claim. As the court could then claim immunity the guy has no redress.
There are solid reasons why courts should be immune to certain actions (suing magistrates if they convict but the person is acquitted on appeal for instance) there is no good reason why in this case he should not be compensated if it was a court error.”
by typical, of brtain
Thursday, March 11 2010, 4:23PM
“if the law doesnt protect law abbiding people and their business by making the bailif firm pay for their incompetance then what hope is there for the british justice system. and if the law does allow them to get away with it the government should compensate the owner for allowing such a stupid loophole to exist. typical of the country”
by Your mums, fishy flaps
Thursday, March 11 2010, 3:50PM
“I think I smell something....”
by Sam, 'Ull
Thursday, March 11 2010, 2:49PM
“Sorry that should read...
"Personal letters with no return address, birthday cards, junk mail etc can be disposed of but I suggest you hang *on to them for 28 days*”
by Sam, 'Ull
Thursday, March 11 2010, 2:46PM
“" I live in a rented flat I often get baliff letters meant for Nr 4 upstairs from me I real worry waiting for the knock on the door or even getting home to a smashed door and all my gear gone but I allways thought any mistake could be sorted now it seem the law protects the thugs against it I think I am going to move ."
" and stick them back in the postbox.
Ann... There is a difference between a bailiff acting on a distress warrant from a high court and a county court.
Acting on a high court order a bailiff *might* have the right to force entry but on a county court order for simple outstanding debt they almost certainly won't.
You have the right to refuse entry to a bailiff and should they force entry they would be trespassing and probably committed the criminal act of breaking and entering. Either way, seizing goods from a person not liable for a debt constitutes 'unlawful distress' and you can get an emergency order from a court to force the immediate return of your goods.
If a bailiff threatens to call the police call their bluff and tell them to do exactly that. The police have no authority to assist a bailiff beyond to prevent a breach of the peace. They cannot and will not assist them in gaining entry. The only person likely to be arrested if a bailiff calls the police is the bailiff himself as he will probably be told to leave.
If you are letters wrongly delivered to your address I suggest you write in large letters "Wrongly delivered to
If you are getting letters addressed to your flat but for a previous tenant, the tenant of another flat or somebody you have never heard of I suggest you write to the bailiffs stating that you are not the person they are looking for and that they are obliged under the Data Protection Act to correct their records to show that fact. If they continue to send letters to your address for a third party take legal advice as they will have committed a criminal offence.
(Contrary to what many people believe you are entitled to open *any* mail addressed to your house even if you have never heard of the person it is addressed to. It only becomes an offence if you open post with the intention of acting to the detriment of the person to which it is addressed. That is to say you have the right to open letters so that you might inform the sender that the person doesn't live at the address. You are not entitled to keep cheques, cash items of intrinsic value etc. Personal letters with no return address, birthday cards, junk mail etc can be disposed of but I suggest you hang. If in doubt, reseal the letter with sellotape and post 'not at this address'.)
I suggest you refuse to be drawn in to providing them with any information beyond your name and address. You are under no obligation to assist them in tracing a debtor and it's better not to get involved.
Obviously you shouldn't take the word of some random on the internet and you should get proper legal advice (The CAB will help) if you are seriously concerned.”