Jump to content

honey b

Registered Users

Change your profile picture
  • Posts

    74
  • Joined

  • Last visited

Reputation

1 Neutral
  1. well...they finally paid!!! From what a little birdy told me, they didnt pay willingly but were pressurised by another party. If you want more details PM me. One important thing, if you are wanting a Detailed Assessment (or any other type of court hearing) always make sure you name the actual human being HCEO as a defendant aswell as the company he/she works for. Reason being that if you only name the company as the defendant, and if the company is Limited Liability then you might have problems getting your money. Also, as WD advised, you can get another High Court Enforcement company to act for you. Since they would be acting against a business they can force entry (to commercial premises). I did speak to another HCE Company and they were extremely helpful and were willing to act on my behalf but in the end I didnt need to use them. Well, I am sooo relieved this episode is finally over. HB
  2. Would one HCE company really charge another HCE over inflated charges? There are only a few HCE companies in England. I imagine they would be quite cliquey. Has anyone else managed to get one HCE company to act against another HCE company? Now that I have this court order, is it possible to get a CCJ against Sherforce and the particular enforcement officer who acted against me? Would Sherforce still be able to provide enforcement services with a CCJ against them? HB
  3. I have legal cover through my home insurance policy. I have spoken with the legal helpline department and they say that they will start looking at recovering the money for me. Presumably they will also add their own costs so Sherforce will end up having to pay the judgement debt plus interest plus solicitors costs (and everyone knows that solicitors costs are ££££££££££££s!!!). HB
  4. so...court order stated that Sherforce should pay me by 30th April...and..nothing. Why am I not surprised?? HB
  5. PT The court order states paragraph 5: Accordingly, the Defendants must pay the Claimant £4208.33 on or before 30 April 2012. paragraph 6: The Claimant is also entitled to interest under the Judgments Act 1838 on £3992.72 calculated from 30 April 2012 (unless already paid in full by then). Before I left the costs office on 16 April, the Sherforce representative did ask me for my bank details. He said they would get the payment to me within 48 hours. I suppose that probably meant within 48 hours of the court order. I can't imagine why Sherforce would dig their heals in any further as the associated costs would just start increasing even more. Remember that I gave them the opportunity to reimburse me £940 back in 2010. I'm sure they wish that they had paid it now. I will definitely use a solicitor to enforce the court order if they fail to make the payment. Then they will lumbered with his/her costs on top of everything else. HB
  6. Tomtubby, you have helped me immensely by compiling that little list. I will use it when I compose my complaint. With regards to the creditor, I had to take them to the county court in 2010 when they had a second writ of fi fa issued against me. Long story, but the creditor made a false declaration to the court and stated that I had defaulted on payment during the course of the first writ of fi fa (which Sherforce was dealing with). The judge ruled that I would pay them (the creditor) the remainder of what I owe them without interest accruing and without a writ of fi fa in place. It was this county court judge that told me that Sherforce's bill looked excessive and that I needed to get legal advice. Since Sherforce withdrew all their costs, any amounts that were due (through the first writ of fi fa) became uncollectable by the creditor. This stuff gets really complex!!! Wonkey Donkey, I have received a copy of the Order . The order states that if Sherforce do not pay me by 30th April 2012 then interest will begin accruing. I think the interest rate has gone up to 10% (I vaguely remember the Master mentioning something about interest rates having gone up from 8% to 10%. He also talked about an increase in the Litigant in Person rate going up from £9.25 ti £18). HB
  7. Thank you all for the congratulatory messages . I feel like I've completed a marathon (one of the stragglers that finishes 5 hours after everyone else). PT You're right I do need to make a formal complaint. Please provide those addresses. Thanks. Just one little word of advice for anyone going through anything similar. You must keep full and complete records on each aspect of your case. eg time spent writing letters and who the letters/emails were to, time spent on phone calls and who the calls were made to, number of photocopies made, length of time spent at citizens advice bureau, websites you visit regarding the case etc. You will be able to claim a litigant in person's rate of £18 per hour as well as stationary/postage/travelling costs etc. HB
  8. I wish I knew how to change the thread title to "SHERFARCE GOT PWND!!" (if anyone knows then please tell me) a synopsis: Back in summer 2010 I contacted sherforce to provide evidence of their fees that they had charged me. They did not provide the evidence. I recalculated what they were entitled to and wanted the difference back (about £940). They informed me they were applying for a detailed assessment when in actual fact they were applying for a summary assessment. Having read itsonlyme's thread I knew they were trying to dupe me so I quickly applied for a detailed assessment. At the preliminary hearing for the detailed assessment sherforce were ordered to provide me with a witness statement containing relevant evidence. A provisional hearing was scheduled. Sherforce failed to provide the witness statement and evidence. A couple of days before the provisional hearing they wrote to the costs office stating that they had withdrawn all their costs and wanted the provisional hearing vacated. The Master then said that Sherforce and I needed to settle my costs between us. If however, we were unable to reach an agreement the original matter would be relisted. The next development(s) and conclusion: After that I was in talks with Sherforce. I provided them with a list of my costs. They asked me a few questions to clarify some stuff and also to provide evidence. I replied to their questions and provided the evidence. Then everything went quiet. I contacted them once or twice further but they ignored my communications. I waited a couple of months but eventually I wrote to the costs office asking for the matter to be relisted. A couple of days before the hearing Sherforce sent me an email. I didnt check my email so I was unaware of it. When I attended the hearing the solicitor that was representing them asked me whether I had seen a copy of a draft court order that sherforce had prepared (they had emailed it to me). She then asked me to okay the draft order. The draft court order stated that sherforce would now have another month to provide me with evidence of their costs. I certainly was NOT going to okay that since they already had had more than enough time to get their act together. This draft court order is what they had sent me via email. They word their emails as if they only have my best interest at heart!!! Here's their email: I write in respect of the above matter and further to the Order of the Master to attempt agree some directions to prevent the need for your travel to London on 21st March 2012. I attach a draft Directions Order for your perusal and will be grateful if you can confirm whether you agree a draft or whether you wish to propose some amendments. I have prepared the directions on the basis that you have provided the evidence that you wish to rely upon and therefore the High Court Enforcement Officer is required to respond and then the matter should be listed for a hearing. Anyway, the Master wanted to clarify with their solicitor regarding whether Sherforce had withdrawn their costs or not. The solicitor didnt know (because she had only got the brief that morning). When the Master asked me I told him that I thought Sherforce were just flailing around and didnt know themselves whether or not they had withdrawn their costs. I told him that I thought they were trying to drag this matter on indefinitely so that I become weary and fatigued by it and finally give up. The Master asked me for my costs and wanted to see evidence of the costs and he adjusted them slightly according to what the rules allow. The Master then scheduled another hearing (April 16th 2012) to allow Sherforce to show just cause as to why they should not pay my costs. The result of this hearing was that Sherforce have been ordered to pay slightly less than four and a half times the original amount!!! If they dont pay by 30th April they will begin having to pay interest aswell. I felt that the Master was very sympathetic to Sherforce and was extremely accommodating to them. He allowed them every opportunity to come back with valid arguments but (fortunately for me) they had none. To be honest with you I do not understand why Sherforce didnt just settle with me back in the summer of 2010 when the amount was about £940. The amount of time I have devoted to this issue was more than it deserved. A month or so ago my sister told me to let the matter go because she could see that it was really wearing me down. I felt I had to pursue this matter to its conclusion because of the principle of the thing. When Sherforce originally started pursuing me I was in an extremely vulnerable state. They should have realised this when I spoke to them over the phone and handed the matter back to the creditor. I am disgusted by the level of greed that is their driving force. They have absolutely no compassion or empathy for people whatsoever. I feel bad for all those people who are screwed over my Sherforce especially the truly vulnerable people who are easy pickings for them. A big thanks to everyone who helped me directly and indirectly. A cheque will be winging its way to CAG when Sherforce pay me so that hopefully this site can continue helping loads more people. HB
  9. Apparently an individual can take civil action for fraud. see the links below (and short extracts from this web pages) http://www.thisismoney.co.uk/money/news/article-1692829/Civil-fraud.html the above link states: What's the difference? The name says it all. Criminal fraud is the full monty - people successfully prosecuted by the authorities can end up behind bars. If you are found guilty of civil fraud you might pay a fine, or be ordered to recompense the claimant, but it doesn't mean you end up in the slammer. Why go civil? If a private citizen wants to take a fraud action it has to be civil, because it is impossible for an individual to bring a criminal prosecution. But the advantage to the authorities is that civil actions require a lower standard of proof - they only need to establish the case on a balance of probabilities. and from the serious fraud office link http://www.sfo.gov.uk/about-us/our-policies-and-publications/our-commitment-to-you.aspx What you can expect of us if you are a victim of a fraud or corruption 1. We will consider the impact on you or your family when we decide - based on the information available to us - how to pursue the case. In some cases we will prosecute, at other times, we will take civil action. Our cases can involve widescale fraud or corruption on an international level, with victims in many countries around the world. We will make sure that the charges we make or the decision to take civil action reflect the extent and the seriousness of the fraud or corruption against the victims. We will do this by considering witness and personal statements as appropriate. 2. We will tell you if the charge is withdrawn, discontinued, substantially altered or if we decide to take civil action instead. Victims are at the heart of what we do. Each of our cases has its own plan for keeping in touch with you from the time we identify you as a victim of fraud or corruption until we close down the case. You will have the option to be kept informed about progress in your case any advice?? honey b
  10. Hi I would like to take civil action for fraud against a firm of solicitors as I believe they have deliberately attempted to defraud me. Briefly, the solicitors were acting as agents for a creditor. The solicitors then had a CCJ issued against me. They then had a Writ of Fi Fa issued against me. Using this they then instructed a High Court Enforcement Officer to collect the debt. The Writ of Fi Fa then expired but the whole debt had not been repaid by me (as I was paying in instalments). The solicitors then had a second Writ of Fi Fa issued against me based on the lie that I had defaulted on payment, even though I had not defaulted. At this point I requested a financial statement from the solicitors. They claimed that I had only paid approx £600 when I had actually paid £1600. Despite numerous, repeated requests they did not povide me with the statement. I then applied to the court to have the second Writ of Fi Fa discharged. The day before the court hearing, I received a witness statement in the post from the solicitors. If finally contained the financial statement. It finally acknowledged that I had paid £1600. The Judge discharged the second Writ of Fi Fa. I began making regular payments to the solicitors directly for the outstanding balance. In August 2010 I received a letter from them claiming I was in arrears (which I was not) and showing a debt balance of £1047. I calculated that the debt balance was about £600. I requested a financial statement which they provided. There were a number of fraudulent charges on there. I challenged these charges. They then sent me another statement where most of the fraudulent charges that I had challenged had been removed. They still listed one fraudulent charge. Please note the above is extremely brief and does not list all their deceitful activities. It gets wayyy too complicated. Basically, what I want to know is 1) Can I take civil action for fraud using form N1 (small claims) 2) Were the solicitors legally obliged to provide me with a financial statement when I requested it. 3) should I be listing "Defendants "as the solicitors firm and the original creditor (or just the solicitors) Thanks honey b
  11. Thought I would post an update as this matter is still in the process of being "resolved" At an initial Detailed Assessment hearing (held in september) the master issued a court order stating that - I provide a witness statement within 7 days of the hearing - the hceo provides a witness statement as a response along with any evidence they wish to rely on within 28 days -the hceo makes an application for a detailed assessment -a provisional hearing date was scheduled for 21 january 2011 well, I provided my witness statement, but the hceo did not provide their response nor did they make the application for a detailed assessment. The provisional hearing date has therefore been cancelled. Between Nov 2010 and Dec 2010 the hceo contacted me saying they would only charge me £500 for their fees and that my costs should now become the subject of the detailed assessment. I declined this offer. The hceo then offered to refund me £1000 (fees that they had taken) and stated again that my costs should become the subject of the detailed assessment. Again I declined, stating that it is their fees that should be the subject of the hearing. Anyway, I think the hceo got a little bit irate because he emailed me several times with the same offer and sounded more than a little bit frustrated in his emails. lolllllllllllll I told him to stop offering the same thing over and over again. I also told him that I wasnt going to reply to him unless he made an offer to pay me the fees back and the full costs that I was requesting. On the 17th Jan (just a few days before the detailed assessment hearing was supposed to take place) the hceo wrote to the Master stating that the hceo were no longer pursuing their charges from me. They included a draft court order that they asked the Master to sign, stating that my costs should be the subject of an assessment. They sent a copy of the letter to me. One of the things they stated in the draft order was "The issue of the claimant's costs be subject to assessment by the court in default of agreement". Is the hceo trying to say that I have defaulted on the agreement???? What actually happened was that back in 2008 I came to agreement with the hceo that I would pay them monthly and they would forward the money on to the creditor. What actually happened though was that I continued to make payments which the hceo did not forward to the creditor. The creditor thought I had defaulted and took out a second writ of fi fa against me and instructed a new hceo. So, if anyone defaulted on the agreement it was Sherforce. (oops, am I allowed to mention them by name :S) I then sent a letter to the Master the following day (by email) stating that the hceo was lying in that they already had taken the fees from me some time ago and that was why they were no longer pursuing their charges!!! I also stated that I had requested a refund from them prior to my making the detailed asssessment application. Their response to that had been that their charges were correct and in line with the regulations. (as a side note, they seem to have changed their tune now). Anyway the Master's clerk had emailed me today and attached a letter from the Master stating that The Master has considered the Claimant’s email dated 18 January 2011 attaching a letter addressed to the Master (copies enclosed) and the Defendants’ letter addressed to the Master dated 17 January 2011 attaching the draft Order they propose (copies enclosed) and directs me to write to both sides as follows. No request for a detailed assessment hearing herein having been filed there is no hearing on 21 January 2011 to vacate. The parties should now seek to resolve any outstanding issues and/or payments between them. If any matters remain in dispute (eg whether the Defendants have made a repayment of any costs they deducted or as to the amount of the Claimant’s reasonable costs of proceedings in the SCCO and/or the payment thereof) either party may by letter request the court to relist the Part 8 application herein in order to obtain any further orders or directions which that party seeks. The hceo has also emailed me in response to the Master's letter stating that he will give me a full refund of the costs that they charged me (£1000) and that I should provide him with the amount that i incurred in legal costs. From my understanding, the situation is this: if the hceo and myself cannot reach an agreement (ie with regards to my costs) then a detailed assessment of Sherforces fees will be carried out because that was the subject of the original Part 8 application which I made. Am I right? sorry for the long post. any help would be appreciated. wonkey donkey told me a while ago that this particular hceo was "as slippery as an eel", she was not wrong. hb
  12. I have offered my services as a 'breathing consultant', but i haven't heard back yet, despite having nearly 40 years experience and an impeccable CV of continuous breathing during that time. Ha Ha...well, I wouldnt employee you as a "breathing consultant" because although initially it does look quite impressive that you have managed to breathe continuously for almost 40 years, sometimes there are times when breathing isnt such a good idea (underwater, smokey conditions, etc). So, perhaps you need to make it clearer that you could also teach people how to temporarily suspend breathing if the need arose. lollllllllllllll
×
×
  • Create New...