sherforce CCJ's and the letter that never arrived

[hull242]

Hi - I was hoping for some advice from anyone who could help.

I am a director of a ltd company and we recently received a visit from Sherforce to enforce a high court order on my business.

I was away the day the baillif came so could only speak to him on the phone.

RBS invoice finance had filed a CCJ against us for £1900 and Sherforce were demanding £3010 in cash or my stock would be taken from my shop. Thats a 50% charge!??

I explained to the not so pleasant Sherforce operative that I had never received any notification of the CCJ prior to his visit. No letter, phone call, fax....nothing.

Unsymaphetic I was told in no uncertain terms cash today or stock gone tomorrow and for the privilage they would increase the bill by £1000 to cover the cost of the van to remove my goods!!

I managed to negotiate £2000 on the day and the rest in a further 4 days(after a weekend) - for this kind gesture they would charge me a further £75 +VAT.

 

Can they do this?? - I mean when i was not served any notification in the first place.

 

Should i contact RBS Invoice finance direct or do I try Sherforce.

 

PLease could someone help - I feel ive been royally stitched up here, but i am not letting this lie.

 

Any help would be appreciated

[maroondevo52]

Hello and Welcome,

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[wonkeydonkey]

In short the answer is NO so hang in there as Ploddertom is the guy for you.

 

wsd

[ploddertom]

Is it all paid now or do you still have some to pay?

 

PT

[ploddertom]

Hi - I was hoping for some advice from anyone who could help.

I am a director of a ltd company and we recently received a visit from Sherforce to enforce a high court order on my business.

I was away the day the baillif came so could only speak to him on the phone.

RBS invoice finance had filed a CCJ against us for £1900 and Sherforce were demanding £3010 in cash or my stock would be taken from my shop. Thats a 50% charge!??

I explained to the not so pleasant Sherforce operative that I had never received any notification of the CCJ prior to his visit. No letter, phone call, fax....nothing.

Unsymaphetic I was told in no uncertain terms cash today or stock gone tomorrow and for the privilage they would increase the bill by £1000 to cover the cost of the van to remove my goods!!

 

I know this sounds harsh but that is not the HCEO's problem

 

I managed to negotiate £2000 on the day and the rest in a further 4 days(after a weekend) - for this kind gesture they would charge me a further £75 +VAT.

 

Can they do this?? - I mean when i was not served any notification in the first place.

 

Unfortunately yes they can

 

Should i contact RBS Invoice finance direct or do I try Sherforce.

 

Neither - see below

 

PLease could someone help - I feel ive been royally stitched up here, but i am not letting this lie.

 

Any help would be appreciated

 

The way forward with this is to apply for Set Aside on Form N244 on the HMCS website. Your reasons for doing so are that you never received any prior notification of any Court proceedings, therefore you were unable to mount a defence/counterclaim/make offer of payment. If you still owe Sherforce some cash you should also apply on the same form for a Stay of Execution pending your set aside application - this then halts any further enforcement action and charges. There is a fee to pay for this application - think it is still £75.

 

If you win your set aside - and don't forget you have already paid the CCJ even though it was via the HCEO - then Sherforce will have to refund you ALL monies paid and you then pay the monies due to the Claimant - unless of course you never owed it in the first place.

 

If you have paid all at present then you are safe in the knowledge no levers can be exerted and you can take your time getting this right. Most of Sherforce's fees may be challenged but in this case I believe you don't need to go that route and set aside should be your best option.

 

PT

[NitrousOxide]

Have you checked that a CCJ actually exists?

[hull242]

Hi - Thanks for the replies. I did speak with a free debt advise line company who had suggested that i applied for the N244 through the courts. However I was also informed this could take upto 5 days to process and within this time I was concerned that they would come and take my stock.

I am all paid up now, the final installment paid on Tuesday gone.

 

So am i right in thinking a 'set a side' is my route now and i can still apply even though all monues have been paid?

 

If so I shall do this. Does anyone know what the success rate is on these things? - I assume its my word against RBS with regards to whether I received the CCJ or not?

 

All help much appreciated.

[ploddertom]

Hi - Thanks for the replies. I did speak with a free debt advise line company who had suggested that i applied for the N244 through the courts. However I was also informed this could take upto 5 days to process and within this time I was concerned that they would come and take my stock.

Not strictly true - the processing of a Set Aside application is down to how quick they are - some a few days others can take a lot longer. A stay of Execution can be done immediately if you attend in person and the "duty" Judge agrees.

 

I am all paid up now, the final installment paid on Tuesday gone.

 

In that case you can do it at your own pace now

 

So am i right in thinking a 'set a side' is my route now and i can still apply even though all monues have been paid?

 

Most definitely yes

 

If so I shall do this. Does anyone know what the success rate is on these things?

 

If your facts are right then you should have no problem, if you also state you knew nothing of the CCJ until the HCEO appeared and it is now paid in full will do wonders.

 

- I assume its my word against RBS with regards to whether I received the CCJ or not?

Not applicable - although RBS may oppose your application, you do have to apply to the Court which adjudged the CCJ and don't forget to include the £75 fee.

 

All help much appreciated.

 

PT

[hull242]

Hi - Thanks very much for the info. I have looked at the N244 form to be completed. Could you advise the best way to fill the form out?

I am assuming the

What order are you asking the court to make and why

 

is where I explain the circumstances to me set aside, non receipt of CCJ etc.

How is it best to have the application dealt? - Hearing or not.

 

All help with the application would be appreciated or could you point me in the direction of some templates.

 

Thanks

[ploddertom]

Have a read of this first:

 

Debt Factsheets - How to set aside a Judgment in the County Court

 

I'll be back this evening and can help with the form unless someone does it in the meantime.

 

PT

[wonkeydonkey]

Hi - Thanks very much for the info. I have looked at the N244 form to be completed. Could you advise the best way to fill the form out?

I am assuming the

 

What order are you asking the court to make and why

 

is where I explain the circumstances to me set aside, non receipt of CCJ etc.

How is it best to have the application dealt? - Hearing or not.

 

All help with the application would be appreciated or could you point me in the direction of some templates.

 

Thanks

 

The filling of the form is really quite easy but you do need to get your reasons over clearly I would wait for PT to get back to you as he has a template aimed at helping with the form filling, there is little you can do until Monday so hang in there and he will get back to you.

[ploddertom]

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - leave blank

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box - in this case Defendant

Q3 - a brief description - you are applying for Set Aside because you never knew you had a CCJ until a High Court Enforcement Officer arrived. If applicable ask for case to be transferred to local Court

Q4 - tick No

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy of Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

Send form to Court where CCJ was awarded with appropriate fee.

 

Claimant is entitled to oppose your application but in most cases this can be disregarded.

 

If you win then you must send a copy of the Judgment/Order to the HCEOs - do this by email and post. Do not rely on the Claimant to do this. All monies should be refunded to you including the original sum due the Claimant - send them this ASAP afterwards with a covering letter saying you have been refunded by the HCEO.

 

PT

[hull242]

Thankyou very much for the info - I am sure to let you know how I get on.

If all goes well and I do receive monies back I am sure to donate some money to your cause.

 

Thanks again you all do a wonderful job