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Hi

I have been charged £2000+ on a ccj for £1700 the HCEO went to the premises owned and run by my wife not me and not the address on the writ.

Its a very long story but in short he was rude and aggressive to the staff.

 

I applied for Subject Access Request then went through it with a toothcomb. It is absolutely overflowing with errors starting from the minute the HCEO arrived.he broke all the rules set out by the governing bodies and his written report is full of contradictions nor does he appear on the HCEO reigister. I took every sentence of their "notes" and questioned every charge.I was given no paperwork at all until after they had been given £3964+ only then did I get a Walking Possession Order, Notice-Visit by High Court Officer, High Court Form 55. No action other than to make a nuisence of himself was taken by the HCEO yet in the "notes" it claimed "stock levied" attendance to remove admin fee of £150 "stock on van" admin fee £625 "locksmith" cancellation fee £55" "officers overtime" £195 (during normal working hours)"high court enforcement charge £776 "van to remove goods cancellation fee £130" these are just a few of the charges they imposed others have yet to be defined. Not bad when you consider no levy was made on stock, no inventory was made of stock, nothing was removed, door to shop was open no need for locksmith.

I was first notified by claimant a direct debit had been refused on19th December but they were unavailable to speak with until 22nd December I argued they had been negligent in their handling of the account in that it took them 16 Weeks to notify me a problem was evident, I also pointed out they had duplicated on invoices and their accounting was wrong, negotiations were in place with them (or so I thought) when I received a CCJ in default? never had a clue it had reached that stage. Filed for set aside and had date for hearing but Sherforce ignored that fact.

 

I have spent weeks trying to track down the offending Direct Debit and my bank have confirmed they have no record of any refusal or any record of it being presented to them initially BACS say they have no record of any refusal of this Direct Debit or any record of any attempt to set it up initially being made. So I guess the Direct Debit has sat on someones desk for weeks and was never set up originally, and the guy in question had to cover his own back so he went straight for the ccj ,the next day I got a letter giving notice of 72 hrs to make payment in full, this was followed by a phone call 24hrs later from the claimant wanting to know when he could expect payment, he was told application to have judgement set aside had been made and he withdrew the 72hr notice and went straight for High Court Enforcement. It took approx 10days from initial contact for him to go for ccj and 9 days from the ccj to apply for enforcement, he changed the address on the writ for enforcememt . (it was my home address on the ccj) and gave the wrong address for enforcement(my wifes shop)

I will keep you updated as the set aside is to be heard on 28th April.

 

WD

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  • 2 weeks later...

set aside,

Court settled the matter by instructing the claimant repay the amount overcharged + interest and instructed them to resume the services to my businesses. It was suggested that should I take further action against the claimant to recover costs arising from the matter then I ask for the case to be heard at that court

 

Sherforce charges were discussed and I will now be entering into litigation to recover these charges also.

 

I must mention the judge in this matter was extremely astute and not prepared to be hoodwinked by the arrogance of the claimant. So to all those experiencing problems please hold on to the fact justice can be seen to be done.

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Hi Tomtubby, can you have a look at the thread titled 'bailiff took car and sold within 12 days'. Can you give any advice or does your company deal with issues such as this?

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