detailed fee assessment hearing- Sherforce- ***won*** resolved.

[ploddertom]

Contact details for MOJ:

 

Jonathan Djanogly MP

Ministry of Justice

102 Petty France

London

SW1H 9AJ

[tomtubby]

Honey B

 

I have only just read this post and I have to say that on the following points that I am VERY DISAPPOINTED indeed:

 

That ONCE AGAIN serious questions are raised about the fees being charged by SHERFORCE

 

That ONCE AGAIN, this company are HIGHJACKING an application for detailed assessment and instead, applying for summary assessment.

 

That ONCE AGAIN they respond to court instructions at the VERY LAST minute

 

That ONCE AGAIN they fail to respond to the Witness Statement

 

That ONCE AGAIN their representative FAILS to show up for the hearing

 

That ONCE AGAIN they have managed to get away with providing EVIDENCE to support their charges.

 

That ONCE AGAIN the (previous) good name of a High Court Enforcement Officer is being tarnished

 

That ONCE AGAIN they have managed to waste valuable court time on a simple matter that THEY could sorted out.

 

 

And most importantly......

 

 

That ONCE AGAIN.......they have LOST in court!!!!

 

 

You deserve a HUGE pat on the back and I look forward to hearing that you have received the money as ordered by the court.

 

PS: Have you received confirmation from the creditor that they have received all of the money (to include the 8% interest) from Sherforce?

 

It would also be worthwhile bringing a copy of your complaints to the attention of the Senior Master.

Edited April 20, 2012 by tomtubby

[wonkeydonkey]

honeyb...

 

That it is for Sherforce to provide copy to the Masters order and that is to executed by the date given by the Master...it could possibly not materialise

The amount awarded to you may also not materialise for unless you have copy to the Order you cannot enforce it and this is yet another ploy used by this farce to enforcement to abuse the system....However all is not further trial or tribulation for you simply follow the route I took and draw up your own Order and send it to the Master for approval along with an accompanying letter explaining why you have been placed to do it...and remember to send a copy to the Senior Master at the RCJ

the MOJ and your MP.

 

Need help to do that...then just give me a shout and you've got it!!!!!

 

WD

[tomtubby]

Interesting post Wonkey Donkey.

 

I may have to adjust my above post to say the following:

 

That ONCE AGAIN Sherforce fail to draw up the Masters order........

 

Any more to add to the list???

[honey b]

Tomtubby, you have helped me immensely by compiling that little list. I will use it when I compose my complaint. With regards to the creditor, I had to take them to the county court in 2010 when they had a second writ of fi fa issued against me. Long story, but the creditor made a false declaration to the court and stated that I had defaulted on payment during the course of the first writ of fi fa (which Sherforce was dealing with). The judge ruled that I would pay them (the creditor) the remainder of what I owe them without interest accruing and without a writ of fi fa in place. It was this county court judge that told me that Sherforce's bill looked excessive and that I needed to get legal advice. Since Sherforce withdrew all their costs, any amounts that were due (through the first writ of fi fa) became uncollectable by the creditor. This stuff gets really complex!!!

 

Wonkey Donkey, I have received a copy of the Order . The order states that if Sherforce do not pay me by 30th April 2012 then interest will begin accruing. I think the interest rate has gone up to 10% (I vaguely remember the Master mentioning something about interest rates having gone up from 8% to 10%. He also talked about an increase in the Litigant in Person rate going up from £9.25 ti £18).

 

HB

[brassnecked]

Well done honey b, and I'll bet Sherfarce will do their best to avoid paying, they are squealing like a stuck pig get those complaints in.

[tomtubby]

If they fail to pay by the 30th April I will need to amend my list !!

[ploddertom]

Now I'm not trying to defend them but does it say anywhere on the Order they have to pay by a certain date? All I see is an entitlement to charge interest from that date.

 

PT

[honey b]

PT

The court order states

paragraph 5: Accordingly, the Defendants must pay the Claimant £4208.33 on or before 30 April 2012.

paragraph 6: The Claimant is also entitled to interest under the Judgments Act 1838 on £3992.72 calculated from 30 April 2012 (unless already paid in full by then).

 

Before I left the costs office on 16 April, the Sherforce representative did ask me for my bank details. He said they would get the payment to me within 48 hours. I suppose that probably meant within 48 hours of the court order. I can't imagine why Sherforce would dig their heals in any further as the associated costs would just start increasing even more. Remember that I gave them the opportunity to reimburse me £940 back in 2010. I'm sure they wish that they had paid it now. I will definitely use a solicitor to enforce the court order if they fail to make the payment. Then they will lumbered with his/her costs on top of everything else.

 

HB

[wonkeydonkey]

Honey b...if no dosh by 30th Apri (and that means close of business on the 30th) simply give it to another High Court Enforcement Company and they will get a Writ of Fi'Fa', infact I would suspect you could put it out to tender within the Enforcement Industry and benefit from the scramble of those itching to run to the High Court to get the writ. then carry it through!!! Just think how much that would increase their bill????

 

Awwww cummon Sherforce we all know you read these forums so no excuses please... you have been exposed yet again so just pay up and be damned.

 

WD

[ploddertom]

PT

The court order states

paragraph 5: Accordingly, the Defendants must pay the Claimant £4208.33 on or before 30 April 2012.

paragraph 6: The Claimant is also entitled to interest under the Judgments Act 1838 on £3992.72 calculated from 30 April 2012 (unless already paid in full by then).

 

HB

 

Many thanks for clearing that up.

 

PT

[ploddertom]

Honey b...if no dosh by 30th Apri (and that means close of business on the 30th) simply give it to another High Court Enforcement Company and they will get a Writ of Fi'Fa', infact I would suspect you could put it out to tender within the Enforcement Industry and benefit from the scramble of those itching to run to the High Court to get the writ. then carry it through!!! Just think how much that would increase their bill????

 

Awwww cummon Sherforce we all know you read these forums so no excuses please... you have been exposed yet again so just pay up and be damned.

 

WD

 

[tomtubby]

Please keep everyone advised when you receive payment.

[honey b]

so...court order stated that Sherforce should pay me by 30th April...and..nothing. Why am I not surprised??

 

HB

[honey b]

I have legal cover through my home insurance policy. I have spoken with the legal helpline department and they say that they will start looking at recovering the money for me. Presumably they will also add their own costs so Sherforce will end up having to pay the judgement debt plus interest plus solicitors costs (and everyone knows that solicitors costs are ££££££££££££s!!!).

 

HB

[wonkeydonkey]

Why bother....just give the order to another HCE company and Sherforce can pay them over inflated enforcement costs and maybe get a feel for why debtors gasp in disbelief at the charges....a lot higher than a solicitor will charge for a letter or two????

 

WD

[honey b]

Would one HCE company really charge another HCE over inflated charges?

 

There are only a few HCE companies in England. I imagine they would be quite cliquey.

 

Has anyone else managed to get one HCE company to act against another HCE company?

 

Now that I have this court order, is it possible to get a CCJ against Sherforce and the particular enforcement officer who acted against me? Would Sherforce still be able to provide enforcement services with a CCJ against them?

 

HB

[honey b]

should I see if Sherforce would be willing to act as the HCE???

 

[ploddertom]

Would one HCE company really charge another HCE over inflated charges?

 

There are only a few HCE companies in England. I imagine they would be quite cliquey.

 

Has anyone else managed to get one HCE company to act against another HCE company?

 

Now that I have this court order, is it possible to get a CCJ against Sherforce and the particular enforcement officer who acted against me? You don't need a CCJ as you already have a Court Order they are ignoring. Would Sherforce still be able to provide enforcement services with a CCJ against them?

 

HB

 

I have also sent you a PM - have you also checked your online bank details.

 

PT

[wonkeydonkey]

Would one HCE company really charge another HCE over inflated charges?

There are only a few HCE companies in England. I imagine they would be quite cliquey.

 

Has anyone else managed to get one HCE company to act against another HCE company? Yes I do believe I know of such an case but need to check that out!!

Now that I have this court order, is it possible to get a CCJ against Sherforce and the particular enforcement officer who acted against me? Would Sherforce still be able to provide enforcement services with a CCJ against them?

 

HB

 

...and on speaking recently with another HCE they agreed with my post #35

 

WD

[brassnecked]

I reckon another HCE firm would be more than happy to visit Sherfarce threaten to remove the office equipment, and add telephone number fees to the debt on the assumption that a successful company like Sherfarce can afford them

[tomtubby]

This is simply disgraceful. This is a company who are in business to enforce debts on behalf of creditors and yet......they themselves allow a High Court judgment to be registered against them and fail to abide by the order. What on earth is this dreadful industry coming to.....

[brassnecked]

This is simply disgraceful. This is a company who are in business to enforce debts on behalf of creditors and yet......they themselves allow a High Court judgment to be registered against them and fail to abide by the order. What on earth is this dreadful industry coming to.....

One seriously has to wonder. Sherforce should be stripped of their licences and closed down if this is how they respond to a court.

[Milegurts]

I'm not sure if this is at all relevant as sherforce are a company and probably not tied to an individual. But section 4 of the HCEO Regs 2004 says that an individual is not authorized to act as an EO if he or she has an outstanding court judgement granted within the last 6 years and remains unsatisfied. But it would be nice if it were to be the case eh. And morally it should be the case. Well done on all you have achieved so far HB

[honey b]

well...they finally paid!!!

 

From what a little birdy told me, they didnt pay willingly but were pressurised by another party. If you want more details PM me.

 

One important thing, if you are wanting a Detailed Assessment (or any other type of court hearing) always make sure you name the actual human being HCEO as a defendant aswell as the company he/she works for. Reason being that if you only name the company as the defendant, and if the company is Limited Liability then you might have problems getting your money.

 

Also, as WD advised, you can get another High Court Enforcement company to act for you. Since they would be acting against a business they can force entry (to commercial premises). I did speak to another HCE Company and they were extremely helpful and were willing to act on my behalf but in the end I didnt need to use them.

 

Well, I am sooo relieved this episode is finally over.

 

HB