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Andy505t

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  1. Hi All Just want to update you on my progress, following PT and WDadvice I applied to the court for a Stay against the HCEO and a Variation order.The Stay was granted pending determination of the Application. For the Hearing of Application I was ordered to provideproof of my financial situation already provided with my application andSherforce were ordered to provide and file details of their enforcement costs priorto the hearing. At the hearing there was a representative from SouthernWater and a legal representative from Sherforce. The Judge was really concernedwith the high costs from Sherforce and asked for the details from their legal rep,who stated they had only learnt of the order to provide details 4 days earlierand their was insufficient time to provide (later proven to be a lie). Shesuccessfully argued for a detailed assessment hearing as to their enforcementcharges. I was granted the variation order that meant my payments were now tobe paid to Southern Water not Sherforce and at a rate of £30 per month. Ordered by the Judge was as series of date critical occurrencesrelating to Sherforce providing a Bill of Costs (BoC) and me to reply prior tothe hearing. Sherforce missed ALL dates in fact having to be further ordered bythe court to provide the BoC by a date or they would loose there right to pursueme for the costs. Unfortunately this was the only date they got right and a newhearing date was arranged. At the Detailed Assessment Hearing their was a new Judgewhich worried me greatly, But I needn’t have worried because although the Judgedidn’t seem to be concerned with the cost as such but more the proportion ofthe cost in relation to the original debt. We proceeded through the BoClistings and I gave arguments as to what I was unhappy with and what charges I challengedto be unfair unjust or suspicious, and Sherforce’s Legal Rep argued therepoints. The Judge was very fair even allowing Sherforce to have an element ofprofitability where he felt a charge was justified but where they were arguedas suspicious or wrong they were thrown out completely. The legal rep was in aright state as I was equipped with every email, letter and a copy of a SubjectAccess Report (SAR) which proved time and again Sherforce’s lies, sharppractices and utter contempt. The out come was that with costs and enforcement costsSherforce wanted from the Judge a total in excess of £2900 for a debt that was originally£600 The Judge threw out a lot of charges and reduced others considerablyand ordered that Sherforce would only receive a Total of £444.84 with payments I hadalready made I only had to pay a further £57 to pay. I was supported and directed through out this ordeal by CAGAdvisors (you know who you are) that worked so hard often late into the night providing me witheverything I needed to fight Sherforce and get this result. I can not thankthem enough, and encourage everyone that needs help to trust in them to get youthrough. I am now in possession of confirmations from both SouthernWater and eventually Sheforce that’s this case has now been closed. Andy The relief I feel now can not be described.
  2. Sorry WD unamble to pm not enough posts. Couldn't work out how to copy onto forum so typed this out for the 2 statements, obviously there is also increase in the carges for walking possesion they dont have and interest. Date 28/04/2011 Initial Attendance fee £175.00 Financial Management fee £160.00 Administration fee £300.00 Date 16/01/2012 Initial Attendance fee £300.00 Financial Management fee £175.00 Administration fee £160.00 DVLA+Hpi Search £25.00 Third Attendance fee £175.00 Second Attendance fee £175.00 Misc £4.00
  3. Whilst preparing this i found that neither of the 2 statements i have from Sherforce match the charges applied on each. Eg on one the Financialmanagement fee is £300 on the other its £160, Initial attendance on one is £300 on the other its £175
  4. Wonkeydonkey sorry to hear you have been unwell and hope you have a speedy recovery. Could i trouble you further on Q10 of the N244 i need to tick a box am i providing a witness statement, a statement of case or evidence set out below? Andy
  5. Thanks Wonkeydonkey. A question i forgot to ask is do i submit N245 variation order at the same time or do i wait for stay of execution hearing? Andy
  6. Sorry for delay internet out all since friday.... Ploddertom thank you for your response, I have downloaded N244 but am lost on what to fill in, Q3, Do i just write "Stay of Execution against the HCEO as I cannot afford the fees charged & I intend to apply for a Variation Order"? Q5, With or without a hearing? Q8, What level of Judge does hearing require? Q9, Who should be served with this application, Sherforce or Southern Water? Q10, What do I do Here Sorry to ask but this is so alien to me. Thanks Again Andy
  7. Hi Thanks for replying Ploddertom 1, No 2, No 3, Recieved Judgement, stupidly waited for Southern Water to contact me they didn't. Wrote to them asking how we could pay this suggested payment plan they accepted. I had accident and no income forgot about it as life became day to day existance after hospital, HCEO arrived on the door. 4, No 5, Yes both at beginning and last week 6, No Southern Water have said they have now Sept 20011 told Sherforce to accept my offer of a payment plan provided its paid in full before the writ expires in April. After my op on the 23rd November and no work got a letter from sherforce stating i had not kept to payment plan, wrote to them said ive paid £1000 please provide me with details of this payment plan so i am aware of my obligations as well as breakdown of my payments and their charges to date. Still dont know about plan but reveived breakdowns of both payments and charges. Whilst resigned to the fact im in this mess, i was trying to see from CAG if i should challenge charges now or wait till ive paid outstanding balance and seek to recover them if that was possible. Andy
  8. Hi Thank you so much for taking the time to reply to me. Brassneck, I'm sorry i was trying to be brief but i had a fall and broke my foot in 5 places. I was unable to get benefit due to my wife working and have been forced back to work because of this with southern water to early and at a much reduced income. I had an unrelated op in November and I should be having an op on my foot to correct how it has knitted back together on the 27th January but i have had to write declining this operation because i cant afford another 3 months (minimum) being off my foot. As they are need to take bone from my hip and staple it into my foot/anckle joint. I have attempted to get Southern Water to recall the debt to no avail they are aware of my foot problems even emailed copies of the CT scan showing the breaks. I have not yet told them of yet more costs levied by Sherforce.
  9. Hi I have been trying to deal with Sherforce over a debt to Sothern Water. HCEO arrived at the door with a letter saying i owed over £1700 for an £800 debt to sothern water, i explaned due to an accident i was unable to work and was unable to pay, he told me to phone the number on the letter and explain this and he left having not gained entry. I emailed them rather than phone in order that it was recorded for my benifit. I asked for a break down of debt and fees and requested time to pay. I received this and the fees were listed, with regard to my request for a payment plan this was being sent to southern water for approval. I did not wait for approval and started making payments to sherforce, although i kept asking for a response nothing came. Eventually i contacted every director and customer service email at southern water until i received a responce. Southern water finaly said via email that the have instructed Sherforce to accept my offer of a payment plan. I have asked Sherforce what that plan is as i received a letter from them saying i had breeched that plan, also stating my debt was still over £1300 even though i have paid £1000. I requested details of payments made by me and breakdown of their charges, only to find from the first breakdown to this they have added 2 additional visits (no one has been) and DVLA/HPI search (i dont own a car) adding another £375 to the debt. I have tried to follow threads but get confused should i challenge all these charges or pay and the seek redress?
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