How Does High Court Enforcement Work?

[theonepcs]

Hi, in December I came home to find a letter had been put through the door from Sherforce, stating that they had come for payment of £1609.81 (at the time obviously interest was being charged hourly!!). WE HAD NO NOTIFICATION. We went into a panic, I got my partner home from work and he rang then and RBS to whom a small amount of this money was owed, but they did not want to know.

The amount of judgement or order was £693.50

Interest on judgement was £3.45

Costs of execution was £101.75

charges by HCEO £811.11

TOTAL: £1609.81

 

My partner receives monthly statements from RBS then recently had a statement from RBs clearly stating that the amount owed was £374.94. RBS had passed the debt to Optima Legal Services, so we really could not understand how this had come about.

 

Anyhow we asked my Dad to lend us the money which he paid the following day of £1611.86 as we were very worried about our kids and possessions. Then 3 days later a letter came through the post stating they had possession of our goods (which I thought they could only get if they got in) so my Dad rang and had words with them, they said it was an error.

 

I wrote and requested a breakdown of the matter

Judgement Debt £1307.50

Judgement Costs £0.00

Execution Costs £101.75

Interest @ 8% pa £3.15

PLUS Sherforce charges £813.46

(sherforce charges are Initials Attendance Fee £175.00, Financial Management Fee £160.00, Administration Fee £300.00 and Debit Card Fee £1.00. This Totals £707.35 + VAT £106.11 Total Sherforce charges £813.46)

LESS any monies received by Sherforce £1611.86

LESS any credits notified to Sherforce £614.00

Written Off by Sherforce 0.00

Outstanding Amount Due £0.00

 

Then Percentage of amount recovered £22.48

Mileage Incurred £0.00

Seizure Fee £2.00

Making Enquiries or Dealing with Claims For Rent or To the Goods £4.00

Walking Possession Fee £1.50

Valuation Fee £41.37

 

I would dearly love someone to tell me that what they have done is wrong, what they have charged is wrong and that this should not have happened.

 

Is it legal to take to high court they initial debt (ie RBS provided up to £1000 of credit with Ebuyer) the debt owed on May 2007 was £988.84 and due to the failure of my partners business we had to pay not only this debt but others also. He was advise by all government funded debt guidance to go bankrupt but he wouldn;t he ended up going with Baines and Earnst so they pay a percentage to each debt he had. RBS were receiving £30.00 per month out of the £192 we pay out each month. At the last statement we only owed RBS £374.94. So could they take to court £988.84 less payments but add on other stuff??

 

I have sent letters to RBS, Optima Legal Services and The Northampton Bulk Centre (county court place) for copies of any paperwork they can provide me as it does not add up at all.

 

I am glad I had a rant now! If anyone can provide me with help as to whether the charges are 'right' (I use the word loosely) I would be grateful

x

[ploddertom]

FRom what you have posted it would appear that RBS have had a CCJ against you/partner/partners business for the full amount of £988.XX. Did you have any knowledge of this? If you are not sure then you need to check your Credit Record(s) to find out where, when & who obtained Judgment - and who against.

 

Answer these first and we can have a look again at what has happened and see if there is a way round this or a practical solution.

 

PT

[tomtubby]

Hi, in December I came home to find a letter had been put through the door from Sherforce, stating that they had come for payment of £1609.81 (at the time obviously interest was being charged hourly!!). WE HAD NO NOTIFICATION. We went into a panic, I got my partner home from work and he rang then and RBS to whom a small amount of this money was owed, but they did not want to know.

The amount of judgement or order was £693.50

Interest on judgement was £3.45

Costs of execution was £101.75

charges by HCEO £811.11

TOTAL: £1609.81

 

My partner receives monthly statements from RBS then recently had a statement from RBs clearly stating that the amount owed was £374.94. RBS had passed the debt to Optima Legal Services, so we really could not understand how this had come about.

 

Anyhow we asked my Dad to lend us the money which he paid the following day of £1611.86 as we were very worried about our kids and possessions. Then 3 days later a letter came through the post stating they had possession of our goods (which I thought they could only get if they got in) so my Dad rang and had words with them, they said it was an error.

 

I wrote and requested a breakdown of the matter

Judgement Debt £1307.50

Judgement Costs £0.00

Execution Costs £101.75

Interest @ 8% pa £3.15

PLUS Sherforce charges £813.46

(sherforce charges are Initials Attendance Fee £175.00, Financial Management Fee £160.00, Administration Fee £300.00 and Debit Card Fee £1.00. This Totals £707.35 + VAT £106.11 Total Sherforce charges £813.46)

LESS any monies received by Sherforce £1611.86

LESS any credits notified to Sherforce £614.00

Written Off by Sherforce 0.00

Outstanding Amount Due £0.00

 

Then Percentage of amount recovered £22.48

Mileage Incurred £0.00

Seizure Fee £2.00

Making Enquiries or Dealing with Claims For Rent or To the Goods £4.00

Walking Possession Fee £1.50

Valuation Fee £41.37

 

I would dearly love someone to tell me that what they have done is wrong, what they have charged is wrong and that this should not have happened.

 

Is it legal to take to high court they initial debt (ie RBS provided up to £1000 of credit with Ebuyer) the debt owed on May 2007 was £988.84 and due to the failure of my partners business we had to pay not only this debt but others also. He was advise by all government funded debt guidance to go bankrupt but he wouldn;t he ended up going with Baines and Earnst so they pay a percentage to each debt he had. RBS were receiving £30.00 per month out of the £192 we pay out each month. At the last statement we only owed RBS £374.94. So could they take to court £988.84 less payments but add on other stuff??

 

I have sent letters to RBS, Optima Legal Services and The Northampton Bulk Centre (county court place) for copies of any paperwork they can provide me as it does not add up at all.

 

I am glad I had a rant now! If anyone can provide me with help as to whether the charges are 'right' (I use the word loosely) I would be grateful

x

 

Due to the time of night I will look at this in the morning but in the meantime have you checked with Baines & Ernst as they are responsible for making payments under you DMP?

[ohitsonlyme]

Hi, in December I came home to find a letter had been put through the door from Sherforce, stating that they had come for payment of £1609.81 (at the time obviously interest was being charged hourly!!). WE HAD NO NOTIFICATION. We went into a panic, I got my partner home from work and he rang then and RBS to whom a small amount of this money was owed, but they did not want to know.

The amount of judgement or order was £693.50

Interest on judgement was £3.45

Costs of execution was £101.75

charges by HCEO £811.11

TOTAL: £1609.81

 

My partner receives monthly statements from RBS then recently had a statement from RBs clearly stating that the amount owed was £374.94. RBS had passed the debt to Optima Legal Services, so we really could not understand how this had come about.

 

Anyhow we asked my Dad to lend us the money which he paid the following day of £1611.86 as we were very worried about our kids and possessions. Then 3 days later a letter came through the post stating they had possession of our goods (which I thought they could only get if they got in) so my Dad rang and had words with them, they said it was an error.

 

I wrote and requested a breakdown of the matter

Judgement Debt £1307.50

Judgement Costs £0.00

Execution Costs £101.75

Interest @ 8% pa £3.15

PLUS Sherforce charges £813.46

(sherforce charges are Initials Attendance Fee £175.00, Financial Management Fee £160.00, Administration Fee £300.00 and Debit Card Fee £1.00. This Totals £707.35 + VAT £106.11 Total Sherforce charges £813.46)

LESS any monies received by Sherforce £1611.86

LESS any credits notified to Sherforce £614.00

Written Off by Sherforce 0.00

Outstanding Amount Due £0.00

 

Then Percentage of amount recovered £22.48

Mileage Incurred £0.00

Seizure Fee £2.00

Making Enquiries or Dealing with Claims For Rent or To the Goods £4.00

Walking Possession Fee £1.50

Valuation Fee £41.37

 

I would dearly love someone to tell me that what they have done is wrong, what they have charged is wrong and that this should not have happened.

Welcome to CAG I and many others will tell you what they have done is very wrong!!!! but you are in the right place to sort them out and get some of your money back

Is it legal to take to high court they initial debt (ie RBS provided up to £1000 of credit with Ebuyer) the debt owed on May 2007 was £988.84 and due to the failure of my partners business we had to pay not only this debt but others also. He was advise by all government funded debt guidance to go bankrupt but he wouldn;t he ended up going with Baines and Earnst so they pay a percentage to each debt he had. RBS were receiving £30.00 per month out of the £192 we pay out each month. At the last statement we only owed RBS £374.94. So could they take to court £988.84 less payments but add on other stuff??

 

I have sent letters to RBS, Optima Legal Services and The Northampton Bulk Centre (county court place) for copies of any paperwork they can provide me as it does not add up at all.

 

I am glad I had a rant now! If anyone can provide me with help as to whether the charges are 'right' (I use the word loosely) I would be grateful

x

 

Sherforce are renowned for making charges in excess of what they are allowed to as set out in regulation.

 

I dont know about DMP but I do know how sherforce work

 

so I will guide you from this position and others will help too

 

Guys the position is very simple as far as sherforce go

 

They come along with a WPA that most of us dont sign they will present you with a statement or letter that shows that they have levied and valued something (or not as in my case and one or 2 others) at this pont they have tried to charge you fees in the region of £1000 with more to come from subsequent visits and if you are daft enough to pay it then they get away with it unless you then start the process of pursuing them

by

1/Ask for a Statement of costs

2/ request a Subject access report

3/go through it with a fine tooth comb to find all the anomolies such as visits that havent happened levies that havent taken place, valuations that havent happened etc etc etc.

4/ complain to the police about fraud if levies or WPA not done (happycontrails /Nintendo templates are great)

5/Wait for the police to tell you its a civil mater and then send 2nd letter to the police telling them its not and that the chief constable would be included in any action( this usualy gets them to look at it a bit more seriously)

6/ complain to sherforce that the fees are not as set out in regulation and send a letter before action

7/If as in my case you were daft enough to pay all the fees they asked for as you didnt know the law File a claim in the county court for the refund of the incorrect fees and............

8/wait for sherforce to run to the high court in an interpleader(fee assesment) hearing put in front of a master(judge) so that they can agree what should have been charged

 

They do not have control of the hearing and the master does have to comply with the law SF HAVE to provide evidence of costs and visits etc this is the key to winning:wink:

 

The fees that they try to get away with is miscellaneous fees under regulation 12 and this is where you need to be prepared to ask them for evidence of costs:wink:

Another little ruse that have used is that they apply to assess the original statement of costs and then get a clever cost clerk to make figures on another sheet addup to it and the master might fall for it to a certain degree

oh BTW he (cost clerk) quietly forgets the original money they asked for included valuations and visits that didnt happen so they dont show on sheet no 2 but the sums are still the same!!!!

 

Therefore the Subject Access Request is vital

 

If you need help in the high court I am more than willing to help you as a litigants friend

Sherforce are easy to beat in the high court and the more I get to know the the more confident I am knowing exactly what they are allowed to charge and the tactics they use to throw you off track.

 

They are very skilled at what they do and you need to be wary of those tactics

In my case they are hiding behind a no further action against the HCEO that the master ordered but this is not good enough to stop me from continuing to pile on the pressure

 

All of the above of course is assuming that you are the victim of an officer of the the crown(HCEo)overcharging you and we all know that he/she wouldnt do that to you dont we??

 

I dont know how to beat them by not paying other than sh..t..g yourself at every knock on the door, and waiting for them to get bored

 

I was lucky I had started a new job and had been paid so I got rid of the agro first and then started to turn on them

 

If you need help then post up and ask it is on here for you dont be afraid of them

The boot can be on the other foot !!!!

 

onlyme and many many more the number of cases is growing daily!!!!