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About brownefamily

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  1. I understand that FOS will not consider a complaint already going through the courts, so if you want FOS to look at it, you'll have to delay court action....
  2. Going back to the original post and letter from Essex police, I believe they are wrong when they say that HCEO's can charge whatever they want. They can only charge what the regulations say they can charge and this doesn't say they can charge whatever they want. They can only charge what the regulations say they can and Section C doesn't give them carte blanche. I suggest Essex police are written to asked how they came to their conclusion, asking them to cite exactly where it says that HCEOs can charge whatever they like. This is not an area the police understand and if Essex police can learn, then maybe they can spread the word. As said elsewhere, one problem is that debtors get scared by a visit from 'the High Court' and when told that if they don't pay, their house will be emptied, don't want to take the risk of arguing the finer details. If everyone knew what could and couldn't happen, in reality, it would help..... HCEOs who charge ridiculous fees do not benefit debtors, creditors or other HCEOs. Obviously they make a nice profit for themselves but they tarnish the name of HCEOs and the High Court and in taking 'extra' money from debtors, make it likely their financial problems will be made worse. The best solution for everyone would be to have a precise list of charges published that HCEOs can charge, instead of leaving the wooly 'Section C' wording in place. There's lots of talk about this happening but I really can't see why it's difficult! So maybe we should just be telling the government to get on with that!
  3. then there's the picture of my house with an empty driveway - so strangely no sign of the car I never had that they claimed to have levied against (and on doing a vehicle check, couldn't trace?)? You already have details of my case (where Sherforce dropped out of the Fees Assessment rather than have judgement made against them) I'm afraid I doubt the will of any of the institutions (whether it be the police, the MoJ, the High Court, Lord Chancellor or HM Government etc etc) to do anything on this.....It's got to be tried but I'm very disillusioned with the HCEO regulation. It just seems it's down to individuals to fight on a case by case basis. I hope the police prove me wrong
  4. It may be because the FSA have looked atr this under MCOB breaches (Mortgage Conduct of Business) and perhaps these rules didn't come in until 2004 or GMAC were not regulated by the FSA until 2004 My feeling is that GMAC have accepted the principle of not being able to charge more than it costs them and so the door is open to claim back from before 2004. Also note that mortgage charges can be claimed back 12 years, not just 6 years I would have a go!
  5. I'm sorry it didn't work out fully. You could contact the Master and ask them about an appeal, saying that you do not understand how they arrived at the amounts they did Going for a transcript would take at least 14 days and I would imagine you would need to appeal within 7-14 days, so there isn't time for that. A transcript has to be professionally done and would cost about £150 I would try contacting the Master's secretary first and saying you don't really understand how those numbers were arrived at and how would you go about appealing. It won't do any harm to ask It will have cost Sherforce more than £300 to atend and, as Wonkeydonkey says, the more times they are properly challenged, the better. Ultimately, however, a Judge or Master makes the final decision and consistency is not always apparent! Keep the faith!
  6. As HCEO's go Wilson & Co are one of the better ones - I know that comment will upset some people but I consider HCEOs to, unfortunately, serve a purpose. In your case, if you'd contacted the court and creditor after getting the CCJ, you could have come to an instalment arrangement and only be looking at paying back £1538. As it is, you didn't and so you have given an HCEO work However, they haven't gained entry, so can't charge an Inventory Fee or anything to do with Walking Possession I would write to them (copying in the original creditor) stating you can afford £x per month but will only pay the debt, plus transfer up costs, sheriff's poundage and mileage plus interest at 8%pa and nothing else. It would be good to send them the first payment if you can. Under HCEO regulations, any other costs must be incurred or justified by the HCEO and they will struggle to do this. They would LIKE to charge you 25p per day walking possession plus have you sign a Walking Possession Agreement so that they can enter your premises if they need to but they cannot force you to do this, so don't sign Do try to pay back the debt and understand that because it has been passed to the HCEO there are some fees to pay (and interest) but I would estimate that little more than £1800 is due in total Don't offer more than you can afford but do try to pay it off
  7. Nulla Bona, I'd be interested to see where your 7.5% came from, let alone "a few hundred £ for a first visit" HCEO fees regulations do not state these amounts and if charges don't reflect actual costs, then they can't be justified Why should it cost 7.5% of a debt to collect it? So a £1,000 debt costs £75 but a £2,000 debt costs £150. Why's that? As soon as %s are used, it strikes me someone's just looking to make a profit
  8. If you operate your business from your home, they can't force entry to get goods (unless you have already signed a Walking Possession Agreement) If you work from a shop or office etc, they can force entry so that could be a problem What is your business? Are there goods they can seize?
  9. Have a look at my comments in the other thread on Sherforce I did what you have done (paid the debt but not the ridiculous fees) took Sherforce to a Fees Assessment Hearing and they pulled out when they saw they were going to lose and ended up paying my costs There's nothing to fear from the Hearing other than Sherforce producing evidence on the day that you've never seen and having loads of contradictory evidence! You can win! They can't charge excessive fees when you've paid so quickly and can't argue that you should be paying for aspects of their service/company that were never used in your case.....well, they can argue but common-sense says that can't be right and the law agreed with me on that! check the thread Sheerfarce Fraud/Deception or pm me if you want any help
  10. If they have seized goods outside the premises (eg a car) then those could be subject to a WPA. The main thing is, they have had to have been able to touch the goods they seized. If they just looked through a window, say, they can't seize them. If the car was outside, they can
  11. If they've just shoved a note through the door but haven't actually entered the premises, I'd say 'no, the WP fee isn't allowed' Looking through the window and making an inventory, then posting a WPA through the door is where the bailiff came to grief in the case of Evans v South Ribble If they have gained entry but you just wouldn't sign the WPA, then they could argue their case. If you never met them and just came home to find a WPA, don't sign it and don't pay anything to do with WP. They are, in my opinion, chancing their arm
  12. Sherforce adding ridiculous fees has all to do with their profits and nothing to do with helping collect the debt, so I agree on that. but by the time it gets to Sherforce, there will have already been several opportunities to try to sort things out. If you can't pay it all, offer to pay by instalments and start payng by instalments! If everyone who owed me money, paid me back at £1 a week, I wouldn't be happy but at least I'd save on sending reminder letters etc. It would be something and a way forward! So here's another rant aimed at all debtors (myself included): If debts can't be paid because people are ill, unemployed, bereaved etc, there must be a responsibility to tell creditors that! At the start! Don't tell the bailiffs (as you say, they're not interested) but do tell the people you owe the money to straight away. If you don't tell them, they won't know! Of course, they might still chase you for the debt but if it goes to court and you say, look: this, this and this has happened and here's my letter telling them this and here's the £1 a week I've been sending them, I'm sure a judge would say "clearly you're in difficulty but have been trying and I don't think this case should come before me...keep on paying if that's all you can afford". What's happening instead is the business sends out letters that get binned (and I know because I've received such letters) and the hope is they'll go away (or there'll be a lottery win or something and magically I will be able to pay). Eventually the business goes for a CCJ (and usually those court claim papers get ignored to) and then it's not long before the likes of Sherforce turn up. It shouldn't get that far! We're almost in an alchoholics anonymous situation here. The first thing a debtor needs to do is say "I'm a debtor and I've got myself in debt" and the next thing is "I'm not going to get myself in more debt and I'm going to pay back the debts I have". They can't be paid in one go, overnight (if they could, you wouldn't be in debt!) but "every journey begins with a single step" and debtors need to take the initiative. Work out what can be afforded and start to repay! Head off the likes of Sherforce by never letting it get to the court stage (let alone the bailiffs). Face up to your responsibilities and pay back the money you owe. If the creditor says "no" to your £1, ignore them. Keep paying £1. If they slap on interest, don't get distracted from paying your £1 and when the debt has been repaid, tell them it's been repaid!...but, accept that you should pay some sort of interest because you're late! but it must be reasonable.... Of course, if you can afford more than £1, pay more than £1. If you get to court and the judge finds your worth millions and you're offering a pound, you won't get anywhere! Be honest to yourself and those you owe money to. It can be embarassing to admit you've got problems and can't afford things but the sooner you face reality and deal with it, the better. So don't keep waiting for the debt to disappear or the lottery win to arrive or your fortunes to magically change. It's up to you to change and it's up to you to deal with your debt. Do so at a realistic pace but the sooner you start, the better! There we go. Nothing really new there. It's all the same old stuff....write down your income and your expenditure and see what you have left to pay your debts. Then start paying them. First step is, though, to stop fooling yourself and face up to facts and responsibilities! And I say this as someone who's been a debtor (and still is) and a creditor (and still is) so I know the problems from both sides....and when I'm tucking in to my takeaway, I'm not thinking "oh, I could have used that extra money to pay off some of debt x" but I should be, because when, next day, I'm at work and worrying if I'm going to be able to pay the lady who works for me part-time because client y still hasn't responded to my letters asking him to settle their £100 bill, I'm thinking "I bet he's still watching his Sky TV and having his coffee shop drink at lunchtime!"....... So pay your bills and remember that businesses have bills to pay too. Don't pay for bad service and don't pay ridiculous charges but do pay otherwise.....even if, because of things going wrong in your life, you only pay little but often Rant over (again) or is that more of a sermon? I'll stop hijacking this thread anyway. I'll set up my own thread or advice service and call it "How to put bailiffs and Sherforce out of business..." but it won't be with advice like "here's a good dodge to try" but rather simply "by paying your debts" Now, I must try and practice what I preach!
  13. and in DebtWeary's case, when you do go to court, perhaps you should explain what a difficult time it's been and that you hope to have the money to pay soon and then hopefully PC World will adopt a common-sense attitude and wait for payment. In my common-sense world of everyone facing up to their responsibilities, they would already have been told this! All the best
  14. Since I started Sherbrook off, I feel he can't suffer all the rebukes. I hope DebtWeary gets his stay and then comes to an arrangement to pay the debt in full. I certainly don't want him to pay any ridiculous charges imposed by Sherforce. However....and this may be considered the sanctimonious bit....somewhere, sometime, we've got to get back to facing up to our own responsibilities! We need to sometimes say "it's a fair cop guv". I would love to live in a common-sense world, where nobody could intimidate and bully using the law as an excuse/defence. Where justice and common-sense prevailed. If that world were to work, however, EVERYBODY would have to play their part. So I'm afraid that saying "it was DSG's stupdity in getting my name wrong, not my stupidity, that caused the issue in the first place" is not facing up to facts. You got in trouble because you bought something from PC World that you didn't pay for, then (presumably) ignored red letters from them, never responded to the court claim and never applied for a stay or appealed the CCJ. What has now caused the issue is that you have spotted the OPPORTUNITY to either get out of paying or delay paying (whether you spotted that opportunity when the court papers first arrived or not, it's still an opportunity. In a world of justice and common-sense; that's not on! I realise you've had other things to deal with and I know it is often the people who can't pay that find the likes of Sherforce on their doorstep. I've been one of those people and was fortunate that by the time it reached that stage, I was in a position to start paying. So by ignoring reminders, not contacting the creditor etc, I had bought enough time to get through to where I could pay....so I did! I hope DebtWeary finds themselves in that position too and settles all their debts. In the meantime, please understand that just as some people say things like "oh well, I'll inflate my insurance claim because it doesn't harm anyone, the insurers can pay" if we don't pay our debts on time, we're going to wreck the country! "Look at your client base" may be good advice and that would mean DebtWeary would have avoided all this as PC World would have refused him credit....but would a person turned down by PC World have been happy with that at the time? Would he have gone away and said "it's a fair cop, guv, I can't afford it and they've done the right thing. I must go away and save up or change my plans"? or would that person have moaned about how bad PC World were and gone next door and tried and tried until someone lent him the money including doorstep lenders etc? I may be straying off the point in my rant and I don't want to use DebtWeary as a whipping boy. I was in exactly the same position as them and hope all goes well but I do wish consumers would concentrate on fighting cases where people have been overcharged, wrongly charged, ripped off etc and when that isn't the case, concentrate on finding ways to pay! If you have had bad service, complain and even refuse to pay or only agree to pay less. If you have had good service or got what you wanted, then pay up! Otherwise, honest businessmen will go out of business. PC World are the victim here! Rant over!
  15. sorry the first part of that postcode should be EC4A NOT EC24A so it's: High Courts of Justice Supreme Court Costs Office Clifford's Inn Fetter Lane London EC4A 1DQ tel - 0207 947 6605
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