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long story but will keep it brief. - I am a limited company got into trouble lately with owing a supplier gone now to a visit from Sherforce Enforcement officer called to premises last wed @ 17.00. Did not show ID but had a print off of paper work he said he had a notice of siezure. He gave me the paperwork and said that i owed the following-

£866.75 judgement order

£147.00 judgement costs

£6.16 at the rate of 8% per annum

£101.75 costs of execution

£691.42 charges of the authorised high court inforcement officer

 

total £1813.08

 

I was agast to say the least i addmitted to the court costs and the original debt but their charges not.

 

Told him i could not make immediate payment there and then he said he would have to make an invetory list but as it was now 5.30pm it was getting late and as we had hundreds of small priced items this would take to long so he wrote down the handbags, gifts etc got me to sign it and said to ring him tomorrow with payment and not to get intouch with their main office as he would negociate with them for me.

 

The next day we made contact with him as we were frighted for our livleyhood and we proposed that we could make a £500.00 payment to them this week and then £500.00 the week after etc.

 

The next thing we new was the sherforce were on the phone every day twice a day demanding that this be paid in full or further expences be put in place and that they would come and seize the goods.

 

I was so distressed i did not know who to turn to and could not afford a solicitor so i phoned my local business link who put me in touch with the national business debt line. Their advice was to try and make payment to the company direct which we did yesterday having beg stealed and borrowed from family members we paid the company we owed in full including all court costs which has now left the £691.42 left that Sherforce demand.

 

Yesterday afternoon i had a phone call from sherforce demanding payment yet again and i explained that i had paid the company direct and that they were happy with out come and that i had a fax proving payment from them. They were furious started shouting on the phone and said i was to have paid them the full money and had no right to have paid the company direct. they then said they were sending someone out to seize the goods.

 

i was terrified i don't know what to do now as i am frightened as to what powers they have for their fees i believe that the advice i was given was that they are governed only to charge 10% of the actual debt and not £691.42 they have charged me.

 

I would appreciate any help in this matter and what i can do now thank you in advance.

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Nice one.

 

Don't doubt they are not happy, tell them they can swing for their charges. They get an abortive fee from the Creditor instead (approx £80). Make sure Creditor informs them you have paid in full. If calls etc persist report them for harrasment.

 

PT


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I'm not 100% but think I've read somewhere on the forum that unless a WPO actually describes goods in detail -- i.e. brown leather clutch bag with silver clasp -- and not brown bag, etc. that the levy is unlawful.

 

But I'm sure someone with lots more knowledge will elaborate!

 

Impecunious

 

Believing in positive mental attitude :)

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"Creditors' Responsibilities

In order for the enforcement process to work effectively, we encourage judgment creditors to be fully aware of their own responsibilities.

 

Creditors should notify the appointed HCEO’s office of all payments received and other contacts with the debtor.

 

Creditors have a responsibility to tell the debtor that if payment is not made within a specified period of time, action may be taken to enforce payment.

 

Creditors should not request the suspension of a warrant or make direct payment arrangements with debtors without appropriate notification and payment of fees due to the High Court Enforcement Officer.

 

Creditors should not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost although it is appreciated this is done – but as a result the likelihood of achieving a satisfactory outcome is limited.

 

Creditors should provide a contact point at appropriate times to enable the High Court Enforcement Officer to make essential queries particularly where they have cause for concern."

 

This is the bit I was looking for last night, please note the highlighted text in Red, taken from High Court Enforcement Officers Association website HCEOA-Code of Practice

 

Regards

 

PT


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Thank you for your time in getting back to me there was at least no phone call yesterday from them so maybe they are not going to chase me but will not hold my breathe on that one still expecting them to walk in at anytime how can you run a business living on a knife edge. I am seeing a solicitor tomorrow just to clarify exactly where i stand as i did not realise i could have a 30min free consultation with them. So will keep you posted on the outcome of that. thanks again to you both

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unlucky its the creditors fault for taking the payment and by doing so have breached there contract with the HCEO and it is there hard luck they will have to recover any costs from your creditor not you. NICE well done

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As LFB says let them badger someone else for their fees but realistically you can tell them to Foxtrot Oscar.

 

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Guest Thebailiff

The fee's are set by the courst and the above fee's are liable and will have to be paid. what may happen is that the creditor will pass the money onto the HCEO as funds recieved. They will pay there own fee's and chase you for the rest. The claimant will continue to chase the remainder off you. A recent case (i have no case numbers and so on) resulted in the bailiffs being sent to a creditor as they had recieved full payment and not paid the officers fee's. The claimant CANNOT call off the enforcement officers if they are chasing there fee's.

 

With regards to the levy, He can levy it how he wants, and name it how he wants. You could name a brown bag, A brown bag or a brown leather bag, or a brown ladies bag, or a dark females fashion should bag or whatever. Not to mention when the officer returns, he can remove ANYTHING on the property that he wants too, not just what he previously levied. If you try to hide anything he has levied upon, you may be guilty of a criminal offence. I suggest you pay the debt (i would offer installments for the fee's, or take them to court to have the fee's set aside, but you will still pay some fee's as you do owe them money and you will have court costs. The officer has done nothing wrong so there is no reason for court to sanction the case "set aside" or apply a soe "stay of execution". the most the judge will do is remove some of the fee's as excessive but you would have to be very lucky and the judge would have had to have some nookie the night before to be in that kind of mood.

Try it against a bailiff and you stand a chance, try against the igh court officers and may have a slim chance.

 

P.s. i dont like sherforce AT ALL. The above is written because i am trying to help those that want it.

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Guest Thebailiff
beg to differ, but anyway more to the point why do you not like sherforce.

 

Just have a gripe against them after they went a bit too ruff on a family member (not phisically i might add).

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sorry but you are wrong on this, I had set aside hearing and won, the enforcement company were made to re-ay ALL charges and amount allegedly owed back to me. The ball is now once again in the creditors court and unless they can come to agreement with me over the alleged debt then they start the whole process over again. The enforcement company will now have to claim any costs they lost against the creditor and the creditor will have to try and claim them from me, that will be very difficult for them as I have THEM back in court in several other actions.

isnt life fun!!!!!

 

wd

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:confused: Update seen solicitor today.

In brief told me to contact the company we originally had the debt with and ask them to negociate with sherforce on the fees i owe them he said we would have to pay some of the fees at some stage.

I Rang the company and was put intouch with their solicitor I tried to appeal to his better nature but he turned out to be very very unhelpful told me that if he contacted sherforce then he would be liable to pay them and that the fees in question are my fees and not their fees i said the he was sherforce's client and not me directly surely the fees are not mine he then point blankly refused more discussion with me.

Made contact with my solicitor and explained and he has now said that i need to negociate with sherforce personally in this matter but in his opinion i would not get anywhere in the negociations and he thought that the sherforce fees may by now would have risen to near on £1000 in a week????:evil:

The solicitor has now offered to write a letter explaining that i am willing to pay approx £200 of the fees in full and final settlement.

 

I do not know what to do now as i am worried solicitor will not get anywhere and the time taken to sort this out will encurr more charges from sherforce along with solicitors fees.

 

have a look at this i found lord chancellors - fees chargeable by enforcement officers - scroll down to shedule 3 http://http://www.opsi.gov.uk/si/si2004/20040400.htm

 

How are these people allowed to get away with what they do to us surely there should be governing bodies to prevent extortion by these collection companies after all i am governed by trading standards why are they not???

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update my solicitor has got no where with sherforce and now the creditor's solicitor has requested sherforce to esculate the dispute with me about my none payment of the fees by coming and seizing goods for the fees owed by me, my solicitor has now advised i pay the amount outstanding which 2 days ago was £699.56 according to sherforce who again phoned me and told me i had to pay by 11.30am that day which i could not.

Today I was advised by my solicitor to pay it and take them to court, a felt suicidal I managed to beg, steel and borrow the money and have just phoned them through gritted teeth only to be told the amount i owe is now over £900.00 becaused i did not pay 2 days ago.

I have paid it i am so digusted with myself that i had to give in but my business was at stake as i have been took so far to the edge that i was going to put my company into receivership because of them and why should i, i have worked so hard for the last 4 years.

I have asked for a detailed breakdown of their fees so will now wait for that and i will somehow take them to court for it they are not getting away with it.

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Firstly send Sherforce a Subject Access Request and ask this to include screenshots of your account. When it arrives go over everything with a toothcomb and list all the charges that you disagree with and any actions they have listed as having taken place.

Find a new solicitor

 

ps If Sherforce spit their dummy out they will hide behind an Interpleader

LFB wil keep you straight when they do. We are waiting for transcript of our Interpleader then applying to have it set aside.

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agreed you should ask for a suject access request and your solicitor should also not advise you to pay there fees send a letter with the request and head the letter COMPLAINT and inform them in your complaint that you do not agree with there fees and any pending action should stop until this isue is resolved and if they refuse your request or do not send it within the time you give them then come back on CAG because the law is then on your side

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thank you both for your help, guess who my solicitor uses to collect the debts for their clients??? yes you guessed it sherforce!!

Do you know if there are any standard letters i can use as a template as i am terrible at writing letters especially legal letters. thanks again for your support.

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Hve a look in the template section on this site you will find what your looking for in there. hope that helps

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Very Quick Question

 

If A Ccj Debt Is Pased Up To A Hceo

Does That Person Have To Have A Walk In Possesion Order Before He /she Can Start Racking Up Attendance Fees

 

Ime Talking High Court Not Local And I Use The Term Loosly Baliffs

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no he does not need a WPO to apply fees and they are high as the field officer's are most of the time self employed and wont get paid until the debt is cleared.

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Helping Out A Pal On This

 

I Would Think 50 Quid Attendance Fee Is Reasnable But 220

 

I Would Love Them To Explain That In Front Of A Judge

 

do You Have A Link On What A Hceo Can And Cant Do By Any Chance

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Helping Out A Pal On This

 

I Would Think 50 Quid Attendance Fee Is Reasnable But 220

 

I Would Love Them To Explain That In Front Of A Judge

 

do You Have A Link On What A Hceo Can And Cant Do By Any Chance

this one should get you there

www.hmcourts-service.gov.uk/cms11576.htm

if not go here into pulications-guidance-queens bench devision

www.hmcourts-service.gov.uk

 

hope this helps you

 

 

LFB

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