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Hi i have a ccj with southern water for 1200, this has been passed to sherforce who have been out once but not gained entry, and sent a letter stating they are coming to remove goods for these 2 things they have charged £2000 with a threat of at least another £720+vat when they attend again is there anything i can do to stop these people from doing this. Any help would be greatfully received

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First & foremost do NOT under any circumstances allow them entry. They may tell you otherwise & even produce a piece of paper that says you have to let them in. You do not.

 

When was the first time you were aware of Southern Water having a CCJ?

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I was aware of it last yr and i really should have done something about it, but as i owed a council tax debt that took priority and all my spare money i did nothing about the water debt. Very stupid in hindsight i know :( I finally finished paying my council tax debt last month and i have tried to offer southern water a payment plan however they say that there is nothing they can do now, and i have to try and negotiate with sherforce.

I wont allow them entry under any circumstances i just feel that there won't be a end to all this money they are adding.

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Put your offer to pay £xxx in writing to SW as that starts a paper trail.... next you will need to download from HMC&T's form N244 and apply to stay execution of the writ, at the same time you need to download form N245 and seek a variation to repayment, eg: you send income and expenditure evidence along with an offer ro the amount you can be seen to reasonably afford each week/month. If you are on low income/benefits you will need to complete form ex160 to claim remission to the fees for the other two applications. If you need help filling in the forms just ask and someone will guide you through them.

 

It is always wise to bring the Courts attention to the obscene fees Sherfarts are attempting to add to the debt, you have opportunity to do this when completing Q10 of the N244....of late several caggers have had such fees questioned by the Judge and in some cases they themselves have ordered detailed assessment with the end result being majority of the fees being disallowed for being disproportionate to the debt.

 

WD

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Brilliant thankyou for your help. Should i inform SW that i am going to do these forms or will the courts inform them i have done this. In Q10 should i mention that i have filed for a variation order and then state about the extortionate fees sherforce are trying to charge me on top. Will the courts inform sherforce if i get a stay of execution or will i need to, I just don't really want to have to speak to him again. Thanks again for your help

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No need to tell SW or Sherfarts, the court will advise the former and they can tell the latter.

Yes make mention to the variation application and to the debt being inflated by 100+% by Sherfarts and that the interest being charged places you unable to move forward to reducing it in any way other than at snails pace. Emphasis if you are able to pay the creditor direct it will stay any further charges being applied to the account. If the stay is granted SW will be informed and they can tell Sherfarts but to be on the safe side I would send a copy of the order the court will issue after the hearing to Sherfarts as soon as you get it.

 

Wd

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