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Everything posted by kiajade

  1. Seven months on, I have now been to court, although I may as well have stayed at home. The judge gave the agent judgement within ten minutes, on the basis that I had started the negotiations with my employee- so the agent was entitled to his money in full straight away. Despite the contract actually stating '"if unconditional contracts for the sale of the business are exchanged". So for anyone else selling their business through this means, be AWARE that they can be liable for costs despite doing all the right things. The judge would not even let me appeal.
  2. Has anyone had the same problem as me, if so what have you done. I could use some good advice. I had my own business until last year, after 43 years I was forced to close by ill health due to stress caused by RBS. I had transferred my account to them in August 2009. Had free banking for three months - but got charged. Between 2009 and 2011 they charged me over £21,000 in bank charges, I was eventually crediting money to the account just to pay their charges and they were bouncing items more than paying them - reducing me to a shivering wreck and my good name in tatters and finally the destruction of my business. After trying to get some of my charges back from the bank. I took the matter to FOS - after six months of allowing RBS two weeks at a time to ignore their requests for information - the ombudsman declared that RBS had dealt unfairly with me and had treated me unprofessionally by not assisting me when I was in need. They did say I was partly to blame for the way I ran my account - but I do not agree with them there - I had an overdraft limit and was not allowed 1p over that limit, and lived within those rules - using internet banking I checked the account every morning. The only time I exceeded the limit was when they posted charges and interest during the course of the day - The upshot of it was the FOS stated the RBS should refund £10000 to me- to be taken off the charges still being debited to the account- in fact there is no refund to me at all. I lost my business and my health through this bank and wonder if I could refuse to accept this finding and take the matter to court, or would I be wasting my time. Any help gratefully accepted.
  3. Can anyone offer some advice. I wanted to sell my business in 2009, I contact a business Estate Agent who agreed to market it for me at a good price I signed up with him. From then onwards I heard very little going to nothing from the company. In 2011 I discussed with my employee about selling and she wanted to buy. I wrote to the agent and withdrew my business. My employee then advised me she was not able to pay the amount I was asking for it. As I was by this time becoming ill with the stress of running the business I agreed a lower price with her and we eventually exchanged contracts in February 2012. I had heard nothing at all from the business who I originally was selling through - out of the blue in December 2012 they wrote to me telling me they had not received anything from me withdrawing the sale and wanted 3% of the original selling price - which in 2009 was considerably (500%) higher than the figure I sold it for. I wrote back sending a copy of the original letter. They now have issued a County court action for the full amount. I walked away from my business with literally nothing after forty years by the time all debts were paid, and now live on a pension there is no way I can pay them this money. I feel I did all the right things - they never sent one interested party to me in all the time they were my agent. The contract stated I had to give 28 days notice and then there would be no charge - I did that. Any help would be appreciated.
  4. They have already gone for the jugular the original deposit was £500 thanks anyway.
  5. Thank you, I will give her this information.
  6. I am not sure if anyone can help. My daughter bought a small house when she got her first job, which she has continually let. Late last year (2011) she let it to a couple and their teenage son, took the deposit of £500.00 and their first month rent and they duly moved in. I will add that prior to them moving in she had a tenant who more or less demolished the house, and it cost her £20,000 to renovate it ready for reletting. Her biggest error was not putting the deposit in the deposit scheme but keeping it in her savings account. Three months later these tenants started to complaint about one thing and another, then a constant complaint about damp appearing. She got in a surveyor who stated their was no damp, but it was condensation from drying clothes in the house and not opening the windows and also not keeping it sufficiently heated during the winter. After a further month or so of them complaining they moved. The house was left in a very dirty state and new carpets had to be laid after only five months of use. Now comes the problem. The tenants wanted their deposit back, but my daughter told them they had not given sufficient notice and had left the house in a bad state - thus no deposit was due back to them. They wrote to her telling her that unless she gave them the deposit back, they would go to the court and tell them she had not put their deposit in the DPS. My daughter heard no more from them until today when she had a letter from a solicitor stating they had been to the county court on 4th Sept, and had been awarded £1740.00 which she is to pay within seven days. She rang the court to find out more and it appears the notices had been going to another address and not hers. She is due to emigrate in three weeks time and is distraught over this. Is there anything anyone can suggest to help her?
  7. Hi, it some months since I have been on the site. I am still fighting my case with Sherforce, I have had considerable help from CAG and my MP has also written to them for me. Now I want to follow the route of HoneyB - and take the matter for detailed Assessment. I have contacted our local county court to ask how to go about it, but no-one seems to know. Can anyone assist me PLEASE??
  8. Would you let me have the details of whom the letter should be addressed to please.
  9. I would be grateful if you would let me have the details of the people I need to send this information to. These fees have crippled my business. Do you think I would be able to reclaim some of these charges back from them?
  10. I have recently had a 16 page list of every conversation and a list of every one of:-x the charges are listed as follows: 10.12.09 - Cost added at Warrant 1st visit fee - £180.00 General charges - no amount Admin charges £300.00 cost added at warrant creation £160.00 - no explanation attendance to remove 700.00 attendance to remove 700.00 removal contractor fee 180.00 attendance to remove fee 700.00 attenance to remove fee 700.00- it states equipment on van (nothing every moved from office) admin fee 180.00 attendance to remove fee 700.00 deleted 1 x attendance to remove fee -700.00 deleted 1 x 175.00 -180.00 added removal contractor fee no amount attendance to remove fee 700.00 again states on van - not right attendance to remove admin fee no amount Explanation of fees The payment plan mangement fee covers necessary work undertaken when a judgement debtor seeks to pay by instalments and the judgement creditor accepts the debtors offer. Financial Management fee covers the costs of running a finance department to administer and process payments of all types that are dcollected Enforcement officers attending on writs. It covers the cost of clearing items,reporting,accounting to an liasing with the judgement creditor. The attendance with a fee to remove fee is charges to cover the cost of a trained Sherforce Enforcement officer carrying out attendance at the premises of a judgement debtor to attempt to obtain payment of all sums due under the writ including travelling time and also the associated administrative task in completing paperwork and recording details of the attendance in order to be able to report to the judgement creditor etc., They also add: We note your request for details of the consent received from the costs judge or district judge to apply the costs and would like to inform you that it is not necessary to make an application in relation to each item 12 fee. In any event the fees charged by Sherforce have been tested and allowed by the court in previous application to the court for assessment of the fees. I hope you can help me, I really think I have been fleeced:mad2: ad
  11. After calling Sherforce numerous times, and eventually their "legal" department, I eventually got six or seven pages of everything they did and the charges - although most of the charges are at the very edge of the page or not showing at all- I have contacted them again asking for a more clearly set out list. Regarding the rule which states they must apply to the for the fees first - I already challenged them on the legality of that, their reply was that they don't have to make application in respect of every case, and "they make these charges all the time" and did not have to ask the judge to allow them. I'm not sure whether the original creditor would help me, they were not very enthusiastic when I asked them sometime back. The information I have received from Sherforce, now I have it, what should I look for in it which will help me to try to get some of the excessive charges returned?
  12. I sent the SAR request and by recorded delivery and with Postal Order its now over two weeks and no reply from them, where do I go from here?
  13. No I haven't had a statement of account. I will contact them first thing in the morning and try to obtain one. Thanks for that
  14. I am a sole trader. , I was taken to court by a company because at the time I could not afford to pay, this was followed more or less immediately by a HCEO calling at my shop demanding money. The original debt was £3701.57 with court costs etc the charge became £4260.12.+ Sherforce costs made the final amount £8134.92. I made an arrangement and started paying them off on a high weekly payment. Three months into the agreement, I went away on family business, while I was gone, Sherforce called into the shop, and wanted the full amount paying or they would take our equipment. I managed to borrow some money from a relative and paid them off there and then. Having read a lot on HCEO it seems to be recommended to pay up and try to claim the money back afterwards. I wrote to Sherforce explaining that I thought they had vastly overcharged me, a reply came back they agreed with me and were willing to return £432.00, or I could let the matter go before the Master. I want to take them to county court, but am a bit scared of doing this without help, in case I make a complete mess and end up owing them again. Can you help me please?
  15. Can anyone give me some advice. I have a small business, earlier this year, I was not able to pay a company all that I owed them, they sent out documents for county court action. I contacted their solicitor and arranged to pay them at a set sum each week. I had a letter from the solicitor advising me that the company would accept my offer and they would reduce the debt owed, by a small amount. The county court action was stayed. A direct debit was set up and each week the payment was made. I went on holiday at the end of June, when I came back there was a County Court judgement against me for none payment. The payments had carried on while I was away. When I contacted the solicitor acting for the company they stated that I had not carried on with the weekly payment and only a minimum amount had been paid, but I have proof that I had paid considerably over half the amount owed. The ccj was for the whole amount, not the reduced amount. I have contacted the court, who say I can pay £75.00 to ask for the judgement to be set aside. The company solicitor, has stated that once the whole amount now, not the reduced amount is paid, the company will get the judgement set aside. I am a small business already experiencing very difficult times, having a ccj against me makes like even harder- has anyone any suggestions what I can do about this?
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