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Sherforce Fees - here's an interesting development


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Guest DebtWeary

I have been posting about 2 run-ins regarding the above. A new development has occurred, the outcome of which will be interesting.

 

I had dealings with Sherforce regarding a debt to Southern Water. I have recently been in a position to pay off the entire debt, which I did by paying it direct to Southern Water.

 

The fees from Sherforce were greater than the original debt. I posted recently about what I saw as how the situation regarding the Writ would be if you pay off the creditor direct.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/241374-hceo-fees-some-interesting.html

 

Today I received an email from Southern Water saying they acknowledge receipt of my payment and that they have paid the original debt back to Sherforce "as they are dealing with the charges due under the County Court judgement...." and that "they will contact you shortly regarding the Writ".

 

So, in other words, they think that by returning the debt to Sherforce, they will not have to be responsible for paying their fees. According to the rules as I interpreted them, if a Writ fails, and it fails if the debtor pays the creditor direct, as I did, then the creditor has to pay the enforcement fees. The cheeky b&**rs are trying to wriggle out of it!

 

What I had in mind was to email them back and advise them that, since they have chosen to pay Sherforce this money, I am assuming that this will be accepted by Sherforce as payment for their fees! (even though the debt is actually less than their fees).

 

Interesting situation. I would welcome any thoughts from anyone on this.

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