Sherforce Advice Needed

[kymmie]

Im having unpleasent dealings with this firm.. they are trying to collect a debt from my husband started out out at £3891.29 after giving me the letter the total is now £5490.17 this was on the 24th march .. Im currently under a debt advisor with the CAB who is acting on our behalf and done us a financil report as we are having problems with income my huisband is a self employed builder who himself has not paid for a big job hence why were in this situation and we are pursuing that through the court.

 

Had another visit this morning from sherforce at 5.30 AM woke all my children up (not sure if they can do this?) left me another letter

total is now £5728.15 I rand my debt advisor who then rang them and sherforce informed him they had levied our car can they do this without written notice Im really worried about this as my mum bought that car as she s disabled and we only use it to take her shopping etc .

 

My husband has phoned sherforce to make an offer of payment to which he has been told they want full payment or they ll be back in 24 hours to levy we have informed them of our financial situation they dont care was the response ..Sorry for the rambling this is my 1st post and Ive had a nightmare of a day

 

Any advice to deal with these bullies? and can they refuse my offer of payment ?

 

thnaks

 

kymmie

[ploddertom]

I assume this was originally for a CCJ that has since been trnsferred up through the High Court. Did you have any knowledge about the CCJ and did you defend it in Court?

 

As far as the car is concerned if your mum has a receipt/bill of sale for the vehicle it will be in her interests to swear a Statutory Declaration as to its ownership. It isn't by any chance a Motability vehicle or one that gets its Road Tax free?

 

PT

[kymmie]

Yes it was a CCJ that was with our debt advisor at CAB he was doing us a report for an n245 for it Sherforce is recent and have been told this but they dont care its not that we wont pay its because we cant ... Its not a mobility car but does have disabled tax free due to my mother

 

kymmie

[ploddertom]

Yes it was a CCJ that was with our debt advisor at CAB he was doing us a report for an n245 for it Sherforce is recent and have been told this but they dont care its not that we wont pay its because we cant ... Its not a mobility car but does have disabled tax free due to my mother

 

kymmie

 

You need to point out the Disabled aspect of the car due to its Road Tax to the HCEO when he next comes or alternatively you can send the Company an email pointing this out. In my opinion they cannot seize the car.

 

May I ask why Form N245 was being applied for. I assume it was to make an offer of payment.

 

PT

[RaeUK]

Hi kymmie and welcome.

Does your Mother reside with you? Just curious...

Best wishes

Rae

[kymmie]

You need to point out the Disabled aspect of the car due to its Road Tax to the HCEO when he next comes or alternatively you can send the Company an email pointing this out. In my opinion they cannot seize the car.

 

May I ask why Form N245 was being applied for. I assume it was to make an offer of payment.

 

PT

 

Yes this is correct we were having a financial report done properly through a debt advisor at the citizens advice bureau and he advised the n245 I dont know if i can still do this as the Sherforce Officer says I cant. I have to pay in full even though they ve been kept informed every step of the way of our situation by our advisor they know we dont have the money.

 

I am trying to contact them regarding the time of their visit but I dont get a reply left messages though.

 

Kymmie

[RaeUK]

Oh, just spotted the 5.30 in the morning. This is what the National Standards say:

 

Times and Hours

 

• Enforcement should not be undertaken on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the court specifically orders otherwise or in situations where legislation permits it.
  

It is recommended that enforcement should only be carried out between the hours of 6.00am and 9.00pm or at any time during trading hours, existing legislation must be observed.

Enforcement agents should be respectful of the religion and culture of others at all times. They should be aware of the dates for religious festivals and carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival

 

 

So that'll be a no then...

Best wishes

Rae

[kymmie]

Hi kymmie and welcome.

Does your Mother reside with you? Just curious...

Best wishes

Rae

 

 

No she privatley rent s a bungalow due to her disability she cannot handle stairs

 

kymmie

[RaeUK]

Thanks, just wanted to be clear about that. Had she been doing so then her disability would have made the household vulnerable in accordance with the National Standards for Enforcement Agents. As might, of course anyone in the household who has a disability, is pregnant, seriously ill, unemployed etc etc

Best wishes

Rae

[ploddertom]

I'll try and make some assumptions here:

 

1 - your OH ended up with a CCJ as he couldn't pay his bill, did he acknowledge Service of the Court docs and did he attend Court?

2 - was he perhaps found guilty "Judgment by Default"?

3 - how old is the CCJ?

4 - having heard nothing from you since the CCJ was granted the Claimant has given this to Sherforce to enforce. I assume you have paid them £0 so far.

5 - has the N245 been submitted yet?

6 - has it been suggested that you may be able to apply for Set Aside?

 

Unfortunately the HCEO does not have to wait until the CAB sort your paperwork out. However you MUST contact your Debt Adviser in the morning as it is imperative that:

a - your N245 is submitted

b - you also need to apply for a Stay of Execution - this if granted will halt all Enforcement action and further fees. This is more important than any other application.

 

PT

ps have to pop out for a while but will be back later

[kymmie]

I'll try and make some assumptions here:

 

1 - your OH ended up with a CCJ as he couldn't pay his bill, did he acknowledge Service of the Court docs and did he attend Court?

2 - was he perhaps found guilty "Judgment by Default"?

3 - how old is the CCJ?

4 - having heard nothing from you since the CCJ was granted the Claimant has given this to Sherforce to enforce. I assume you have paid them £0 so far.

5 - has the N245 been submitted yet?

6 - has it been suggested that you may be able to apply for Set Aside?

 

Unfortunately the HCEO does not have to wait until the CAB sort your paperwork out. However you MUST contact your Debt Adviser in the morning as it is imperative that:

a - your N245 is submitted

b - you also need to apply for a Stay of Execution - this if granted will halt all Enforcement action and further fees. This is more important than any other application.

 

PT

ps have to pop out for a while but will be back later

 

1.We had to get a copy of the CCJ as we did nt know about it so copy was sent

No did nt attend court we did nt know that was an option we went to CAB then the N245 was suggested but was told to wait until our financial report was ready so we could submit that.

2 Im presuming he was found guilty

3 no exact date our advisor has it has been a while though due to us being to several companies for help and being told everything was put on hold (this was not the case)

4 Yes paid nothing so far

5 I went to the courts today but its at another court so i ve to meet our advisor tomorrow as he s applying for a stay of execution he s informed Sherforce of this

 

 

kymmie

[kymmie]

Oh, just spotted the 5.30 in the morning. This is what the National Standards say:

 

Times and Hours

 

• Enforcement should not be undertaken on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the court specifically orders otherwise or in situations where legislation permits it.
  

It is recommended that enforcement should only be carried out between the hours of 6.00am and 9.00pm or at any time during trading hours, existing legislation must be observed.

Enforcement agents should be respectful of the religion and culture of others at all times. They should be aware of the dates for religious festivals and carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival

 

 

So that'll be a no then...

Best wishes

Rae

 

I did nt think they could I have 4 children who was woken up by this

 

I ve had dealings with baliffs in the past and always found them approachable and respectful and always managed to reach an agreement with them. But this company is the worst I ve come across.

 

Kymmie

[ploddertom]

1.We had to get a copy of the CCJ as we did nt know about it so copy was sent

No did nt attend court we did nt know that was an option we went to CAB then the N245 was suggested but was told to wait until our financial report was ready so we could submit that.

2 Im presuming he was found guilty

3 no exact date our advisor has it has been a while though due to us being to several companies for help and being told everything was put on hold (this was not the case)

4 Yes paid nothing so far

5 I went to the courts today but its at another court so i ve to meet our advisor tomorrow as he s applying for a stay of execution he s informed Sherforce of this

 

 

kymmie

 

First off and I apologise to them in advance but CAB have given you the wrong advice. As you have never received any paperwork then you are entitled to apply for Set Aside. On the same form you can also apply for a Stay of Execution.

 

Your OH will have been found "guilty" as in Judgment by Default. This is because as far as the Court is concerned he never acknowledged receipt of any paperwork and subsequently entered no defence and di not turn up at Court, therefore the Claimant is awarded the Judgment automatically and your OH now has a CCJ on his credit file that remains there for the next 6 years.

 

The Court assumes that because the forms have been posted to your last known address that you received them. It takes no account of anyone having moved or in the case of a business having ceased trading or relocated. As you have now found about this it is in your best interests to apply ASAP.

 

If you go to the Form N244 is available through the HMCS website - you can print blank forms or fill in online but cannot save what you have done. I suggest you need 4 copies - one for yourself, one for the Claimant, one for Sherforce and one for the Court.

 

To fill it in you need the name of the Court where the CCJ was made, the associated Claim No, the High Court Writ No

Box 1 - leave blank

Box2 - tick Defendant

Box3 - something similar to "applying to Set Aside CCJ No xxxx because you never received the original paperwork + have the case transferred to your local County Court + Stay of Execution until Set Aside is determined"

Box 4 - tick No

Box 5 - tick at a hearing

Box 6 - leave blank

Box 7 - leave blank

Box 8 - insert District Judge

Box 9 - insert Claimant & Sherforce

Box 10 - expand details of Box 3 - don't forget to sign & date

Box 11 - sign & date again with details requested

 

Send to Court where CCJ was awarded with payment - enquire at any County Court about current costs - if you due Fee Remission then also fill in Form EX160, copy to Claimant & copy to Sherforce - all sent by Signed For service at the Post Office.

 

The Stay of Execution is the most important part as without this Sherforce will keep calling. In the meantime you must keep all doors and windows locked and deny him entry at all costs. You can show him your copy of the application and some will withdraw at that time - but it must have been sent. Another way forward is to send copies of what you have done to [email protected] .

 

PT

[kymmie]

First off and I apologise to them in advance but CAB have given you the wrong advice. As you have never received any paperwork then you are entitled to apply for Set Aside. On the same form you can also apply for a Stay of Execution.

 

Your OH will have been found "guilty" as in Judgment by Default. This is because as far as the Court is concerned he never acknowledged receipt of any paperwork and subsequently entered no defence and di not turn up at Court, therefore the Claimant is awarded the Judgment automatically and your OH now has a CCJ on his credit file that remains there for the next 6 years.

 

The Court assumes that because the forms have been posted to your last known address that you received them. It takes no account of anyone having moved or in the case of a business having ceased trading or relocated. As you have now found about this it is in your best interests to apply ASAP.

 

If you go to the Form N244 is available through the HMCS website - you can print blank forms or fill in online but cannot save what you have done. I suggest you need 4 copies - one for yourself, one for the Claimant, one for Sherforce and one for the Court.

 

To fill it in you need the name of the Court where the CCJ was made, the associated Claim No, the High Court Writ No

Box 1 - leave blank

Box2 - tick Defendant

Box3 - something similar to "applying to Set Aside CCJ No xxxx because you never received the original paperwork + have the case transferred to your local County Court + Stay of Execution until Set Aside is determined"

Box 4 - tick No

Box 5 - tick at a hearing

Box 6 - leave blank

Box 7 - leave blank

Box 8 - insert District Judge

Box 9 - insert Claimant & Sherforce

Box 10 - expand details of Box 3 - don't forget to sign & date

Box 11 - sign & date again with details requested

 

Send to Court where CCJ was awarded with payment - enquire at any County Court about current costs - if you due Fee Remission then also fill in Form EX160, copy to Claimant & copy to Sherforce - all sent by Signed For service at the Post Office.

 

The Stay of Execution is the most important part as without this Sherforce will keep calling. In the meantime you must keep all doors and windows locked and deny him entry at all costs. You can show him your copy of the application and some will withdraw at that time - but it must have been sent. Another way forward is to send copies of what you have done to [email protected] .

 

PT

 

 

Thanks for your help this site has been a god send and for the last few hours kept me sane and I Will be donating so it can help others .

 

My OH has informed me he spoke to company in question earlier and they gave him 30 minutes to pay in full or they were coming back for the car and now they have included his work vechicle which im certain they cannot do . Not been so far

 

As mentioned earlier we are applying for the stay of exection tomorrow so will see what that brings and im hoping we dont get another out of hours visit.

 

Will keep updating

 

Kymmie

[ploddertom]

Forgot to mention - when making your Set Aside application acknowledge the debt and make a proposal of payment.

 

As for OH works vehicle is it solely for use by him and fully insured for business purposes - it is a bit of a grey area this one. Has he already levied on the vehicle, if not then move it well away from your home. Don't forget a HCEO is entitled to force entry into any detached buildings eg garage at your home. If OH trades from business premises then providing they do not become part of your home then he is also entitled to force entry there. Unless he has gained peaceful entry he CANNOT force entry to your home - this why you must keep him out at costs.

 

PT

[kymmie]

Forgot to mention - when making your Set Aside application acknowledge the debt and make a proposal of payment.

 

As for OH works vehicle is it solely for use by him and fully insured for business purposes - it is a bit of a grey area this one. Has he already levied on the vehicle, if not then move it well away from your home. Don't forget a HCEO is entitled to force entry into any detached buildings eg garage at your home. If OH trades from business premises then providing they do not become part of your home then he is also entitled to force entry there. Unless he has gained peaceful entry he CANNOT force entry to your home - this why you must keep him out at costs.

 

PT

 

They have only levied verbally (Over the phone)nothing in writing all i recieved this morning was a print out off the computer with a dodgy printer which i can hardly read with more charges on it an extra £237.00 pounds and i must pay in full to prevent removal of goods I was advised NOT to hide the van and car as it may have consequences?

 

Kymmie

[ploddertom]

They have only levied verbally (Over the phone)nothing in writing all i recieved this morning was a print out off the computer with a dodgy printer which i can hardly read with more charges on it an extra £237.00 pounds and i must pay in full to prevent removal of goods I was advised NOT to hide the van and car as it may have consequences?

 

Kymmie

 

The Notice of Seizure they use says they have seized all goods but in reality they still have to carry this out properly, doesn't mean to say they haven't got a list of reg no's but until they can actually see the vehicle to seize it you can do what you want. Suggest you keep them out of the way for a few days if possible. The only consequences it can have is that he can't see it and therefore levy/seize it

 

PT

[RaeUK]

Admit I was rather impressed with the innovative 'levy by phone'!

 

kymmie, just to let you know I haven't abandoned you. Unfortunately [or fortunately maybe?!] you don't seem to fall into my area of interest - the vulnerable. You are in great hands with Ploddertom & co. I'll watch your thread with interest...

Best wishes

Rae

[kymmie]

The Notice of Seizure they use says they have seized all goods but in reality they still have to carry this out properly, doesn't mean to say they haven't got a list of reg no's but until they can actually see the vehicle to seize it you can do what you want. Suggest you keep them out of the way for a few days if possible. The only consequences it can have is that he can't see it and therefore levy/seize it

 

PT

They have seen it .. the car was parked on the road not on my driveway when they called this morning The work van was parked in the drive . they called at 5.30 AM. They informed my husband verbally of the levy over the phone at 2pm. At which point they gave us 30 minutes to pay in full before returning for both .

 

kymmie

[wonkeydonkey]

They have only levied verbally (Over the phone)nothing in writing all i recieved this morning was a print out off the computer with a dodgy printer which i can hardly read with more charges on it an extra £237.00 pounds and i must pay in full to prevent removal of goods I was advised NOT to hide the van and car as it may have consequences?

 

Kymmie

 

Sherforce are immoral and thats a proven fact, can you post (remove identifying info) all fees/charges given to date? then we can identify the questionable areas.

 

Of course they will advise you NOT to hide the car it makes life hard for them.

 

PT has first hand experience of this mob and his advice is sound.

 

WD

[ploddertom]

They have seen it .. the car was parked on the road not on my driveway when they called this morning The work van was parked in the drive . they called at 5.30 AM. They informed my husband verbally of the levy over the phone at 2pm. At which point they gave us 30 minutes to pay in full before returning for both .

 

kymmie

 

IMO that's their tough luck, where's the Notice of seizure they have left which details this, no good them coming back tomorrow with it. Email to Mr Badger advising him of their error.

 

PT

[kymmie]

Sherforce are immoral and thats a proven fact, can you post (remove identifying info) all fees/charges given to date? then we can identify the questionable areas.

 

Of course they will advise you NOT to hide the car it makes life hard for them.

 

PT has first hand experience of this mob and his advice is sound.

 

WD

 

Yes can post in morning I have school run early so really need to try and sleep

 

 

Thanks for all your help i really do appreciate it

 

nite all

 

Kymmie

[wonkeydonkey]

I have respect for the good works of CAB but past experiences with them dictate they are lost when it comes to HCE so please do not hold too high an expectation they will resolve this for you.

 

Verbal Levy??? this is a new one on me DO follow PT's advice and email Mr Badger to explain how it works as I think he will struggle to answer.

 

WD

[kymmie]

Sherforce are immoral and thats a proven fact, can you post (remove identifying info) all fees/charges given to date? then we can identify the questionable areas.

 

Of course they will advise you NOT to hide the car it makes life hard for them.

 

PT has first hand experience of this mob and his advice is sound.

 

WD

 

1st letter

 

A amount of judgement order including intersest awarded by judgement or order £3891.29

 

B judgement costs £283.16

 

C If sent from county court by certificate intersest post judgement or order over £5000.00 until date of certificate £42,77

 

D cost of execution £101.75

 

E Charges of authorised HCEO £1171.20

 

Amount to levy £5490.17

 

 

letter 2

 

A £3891.29

 

B £283.16

 

C £74.62

 

D £101.75

 

E £1377.33

 

Amount £5728.15

 

Hope this makes sense

 

kymmie

[seanamarts]

1. They can not levy a car that does not belong to you

2. They cannot levy a car that is registered disabled.

What planet are these muppets on. Your getting good advice here from PT, stick with it. Sherforce are a law unto their own and make it up as they go along. Good luck, will watch with interest.