Sherforce -PLEASE PLEASE Help me!

[300zxtt]

I have spent the last 2.5 hours reading 100's of posts on this superb website BEFORE posting this 1st message to try and get an understanding of what has just happened to me.

 

Basically CCJ from Southern Water a while ago for water rates (couldnt pay - reason below) screwed up and binned. Sherforce letter on doormat usual 'notice of seizure etc' telephoned number (mobile) spoke to 'officer' and explained couldnt pay etc, he said he would ask his office if they would accept £5.00 per week from my benefits (carers allowance and income support)- letter delivered by royal mail today stating they now control all goods etc and must pay £2362.28 immediately.

 

My partner is terminally ill with cancer and has just 15 weeks life left, we are on a suspended repossesion from the mortgage company and once she passes away, I will give the keys back and our Daughter and I will walk away broken hearted.

 

I have no record of the issuing court or the initial amount owed, as I threw it away as in the grand scale of things lately, it wasnt that important.

 

HOWEVER what I really dont need at the moment is this going any further.

 

Can somebody please if possible spend 3 minutes of their time in simply typing out in easy steps what I need to do in order for this to go away until my partner passes.

 

We have NO money, 1 clapped out car (for the hospice visits) and a house on suspended repossesion, I owe the money, I cant pay the money, what I dont want is any more stress at the moment, I understand THEY CANNOT FORCE ENTRY, is this true, I also believe they CAN take the car.

 

If anybody out there can help I would be eternally gratefull.

 

Thanking you all in advance.

[andie_303]

No they CANNOT come into your home without your persmission. If you wanted to you could write to them revoking the right for them to come and visit you at home and state if they fail to adhere to this you will pursue this legally involving a court case for harrassment and tresspass and the police being called to escourt your visitor off your property.

 

I'm sure that with your partners condition you woudl also be classed as a vulnerable person and therefore bailiffs should not even be turning up. Inform them off this and again if they ignore it you have them bang to rights for harrassment.

 

With regard to your car if it is on HP no if it is not the possibly but with what it is used for I would doubt they could take it, if they can't see it they can't have it - my advice would be to park it away from your house if you can or transfer ownership to a 3rd party that can be trusted.

[300zxtt]

Thank you kindly Andie for your reply, very much appreciated,will now research to see if we are classed as 'vunerable' by searching other posts.

 

Once again, many thanks indeed, I have parked the car away from the house and have locked all doors and windows as he left me a voicemail when we were at the hospital this afternoon saying he was coming around this evening, he sounded VERY aggresive and I know its not going to just end with me writing to them saying we are 'vunerable' but I will research it now.

 

Thank you......Darren

[Ell-enn]

Hi, I'm so sorry to hear you are in this situation - it must be a desperately sad time for you.

 

There is a letter somewhere on the site that you can send to Sherforce advising them you are in a vulnerable situation. I will search for it and post on here as soon as I can.

 

You need to send it by recorded delivery asap and keep 2 copies. If the bailiff turns up at your door pass him a copy of it through the letterbox. DO NOT let him in or even open the door slightly as he may try to push past you.

 

Back as soon as I can.

 

Ell-enn

[Ell-enn]

Hi there, found it -

 

......................................................................... Your Address

 

 

Date:

 

Bailiff Company

Address

 

 

 

Dear Sirs,

 

Re: Account reference XXXXX

 

I refer to your letter dated (enter date) informing me that your company have been instructed by Southern Water to enforce a warrant against me.

In your letter you state that you will be returning to my home to sieze my goods unless full payment of (enter amount) is made by return.

 

The purpose of this letter is to advise your company that I believe that my circumstances fall within the category as contained within the National Standards for Enforcement Agents of “vulnerable situations”. The reason for this is that:

 

1. I am in receipt of carers allowance and income support

2. My wife is currently in a hospice suffering from a terminal illness.

Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety. Instead, I would like to request that you accept £5.00 per week as previously offered in my letter to you of (Date).

I would be grateful if you could confirm safe receipt of this letter, and confirmation that the payment terms are agreed.

I am copying this letter to Southern Water.

 

Yours faithfully,

 

 

XXXXX

 

 

Vulnerable Groups include:

 

The following are defined as “vulnerable groups” according to the National Standards for Enforcement Agents:

 

• Disabled

• The debtor or the debtor’s partner is suffering a long term illness.

• Single parent.

• Expectant mothers in the late stages of pregnancy.

• Elderly and /or infirm.

• Individuals suffering from mental confusion.

• People who are either blind or deaf.

• Persons where there has been a recent bereavement in the family.

• Those persons whose first language is not English.

• People who are in receipt of benefit

 

Hope this helps.

 

Ell-enn

[andie_303]

No problem - I see Ell-enn has pointed you in the right direction and i really hope it helps - sometimes these companies really have no morals - it's shameful

[ambershadow]

So sorry to read this

I do hope you get it sorted

[300zxtt]

Heartfelt thanks to all who have replied, I have composed a letter and have sent it by both fax and recorded delivery to Sherforce, along with a copy to Southern Water.

 

I will keep you posted as to the outcome, in the interim I have been given piece of mind by this forum and it is quite touching to think someone in despair can type out a message and send it off into cyberspace, to receive such lovely help and advice by return for no money or expectation of favours.

 

God bless both this forum, and all who replied.

 

Darren

[Ell-enn]

You're very welcome - you've no doubt seen from other threads and forums, that many, many people have been in similar situations and have achieved a lot with the help and support of all who contribute to CAG.

 

I do hope that Sherforce now leave you alone so you can concentrate on getting through the difficult time your family is facing.

 

Kind Regards

 

Ell-enn

[chris600uk]

Good luck to all of you.

 

Chris.

[andyathers]

God bless you

[300zxtt]

Hello again all,

 

Well, with regret, they have acknowledged reciept of my letter and fax today, and have stated the following directly below the sentence acknowledging receipt.....

 

I have now failed to comply with a high court warrant, therefore an officer will call with a van within the next 48hrs to execute the warrant and remove goods, and an extra charge of £625.00 + VAT has now been added to the account as I am failing to comply. The only way to stop any action is to settle the account now with cleared funds.

 

Now, what troubles me is I have explained as kindly directed by yourselves to illustrate our circumstances, I even enclosed in the recorded delivery letter and an original letter from our GP actually addressed personally to these people stating my partners life expentancy, along with a small statement concerning my own depression and general welfare which he kindly did for me.

 

Now, from where im sat, I have two options, listen to you kind people

and follow your superb direction from now on in, or telephone monkey boy on his mobile and tell him I have the cash waiting, then as soon as he appears at my door, swiflty dispatch half his face accross our block paving. I know i cant, but i really need these people to understand I CANNOT currently be hassled when my lover and best friend is slipping away daily upstairs.

 

I await anybody who has the time to reply with thanks in advance.

[andie_303]

oh I'm so sorry, you think these companies are disgraceful but at times like this you're reminded that you really wouldn't spit on them if they were on fire.I think you should go to the cab on monday and get some legal advice or contact a solicitor I'm sure you could get legal aid.the only other thing I can suggest is if there is a court order get a n245 filed with the court it costs £35 to file it but that means the court can suspend the warrant which I'm sure with your circumstances they would do.

[Goldlady]

Despicable heartless people. I can't advise you further apart from repeating what Ell-enn suggested about not opening the door and pushing a copy of the letter through it. What a friend of mine did over bailiffs for rates was contacted his MP and I do think that might help you.

 

Hopefully someone with better advice will come along.

[ambershadow]

I am sure they can't add 600 odd punds on here, you really need tomtubby's help she knows her stuff inside out.

 

Don#t open the door to them if they can't get in by you opening the door they can't take a thing or intimidate you in anyway.

 

I thought if this was a county court issue judgement you can file a form to suspend all this, there is a charge of about 75.00 if you are not on benefits and if you are no charge at all.

[ambershadow]

I would also park your car away from the home so they don't take it.

[Goldlady]

Just tried to find tomtubby and she is offline and can't be PM'd.

 

You can email your MP - I also wonder if the press should know about this, although I am sure you have enough on your plate at the moment.

[andie_303]

I

I thought if this was a county court issue judgement you can file a form to suspend all this, there is a charge of about 75.00 if you are not on benefits and if you are no charge at all.

 

you can, you need to download an N245 and file it with the court that issued the original judgement it's not £75 it's £35 and you can get this fee waivered but it takes ages so if you have the £35 i'd pay it as the court can then act on it quicker.

 

Here's the link that has the form and guidance for you

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

[ambershadow]

you can, you need to download an N245 and file it with the court that issued the original judgement it's not £75 it's £35 and you can get this fee waivered but it takes ages so if you have the £35 i'd pay it as the court can then act on it quicker.

 

Here's the link that has the form and guidance for you

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

 

 

Thanks for that, I was sure you could do that, I wouldn't pay that much, I would get yourself to court asap and file the form

 

In the meantime Don't let them in or intimidate you tell them through your window or letter box you have filed an N 245 for time to pay

 

They can't do a thing

[ambershadow]

And if they do try and get you to open the door ignore them and come back on here and talk to us

 

Don't let them in please

[andie_303]

once it is filed in court they have to put any action on hold until it has been judged upon - so it's tough luck for them as soon as it is with the court

[300zxtt]

Again, a heartfelt thank you to all who replied, I have researced and read all your comments, only one snag, I do not have any informatiion at all relating to the original CCJ, which court, ref number etc therefore I can of course tell them when they return I have sent one to the court, However in reality I have no idea what the required information is, I would presume I will have to contact Southern Water in the morning to ascertain what court etc.....

 

I am also totally mystified how upon further studying of their letters etc how they could of possibly 'siezed' my goods when they have not come into the house, from many hours reading this site, one would presume they require this 'walking possession' thing before any goods could be under their control, or have I mis-interpreted this??

 

Also, are they allowed to enter a side gate and try the back door of the house (which is usually unlocked) or must it only be the front door, I really would pity anyone to try and come around the back in respect of two rather vicious dogs (not really - total sweethearts BUT very loud and aggressive towards strangers) I have kept the back door locked but I am unaware of the protocol, again I would presume 'peaceful entry' is by any means?

 

Kind regards to you all........

[letsmakeamark]

I have contacted you about this. The protocol is they can walk in through a open door window cat flap etc. If you phone the bailiffs office up and ask them the case number they will give it to you. If not then any correspondance should have it on it.

[andie_303]

make sure that back door is locked at all times. and yes you are right unless they have completed a walking procession they are misrepresenting what they can actual do. ring southern water first thing tomorrow and get the case number and what court it was filed in. then call your mp and get them involved.

[chris600uk]

I really would pity anyone to try and come around the back in respect of two rather vicious dogs (not really - total sweethearts BUT very loud and aggressive towards strangers) I have kept the back door locked but I am unaware of the protocol, again I would presume 'peaceful entry' is by any means?

 

Keep the back door locked, because then the dogs are not at risk.

Although the bailiffs are entitled to climb over the walls or even put a ladder up against your house, they can't complain if a dog treats them like a burglar - because the poor doggies can't read!