Help! Sherforce HCEO trying to enforce a Judgement against me that is incorrect

[Guest DebtWeary]

I haven't seen all the more recent replies to my original post as I didn't get the usual email notification, so perhaps now is good time to update the situation.

 

Firstly, I want to make it clear that I have every intention of settling the original debt with DSG. I have NOT been in a position to pay anything towards it, I already have too many other commitments at the moment.

 

Secondly, I did not mount a defence when I received the original CCJ as the details were incorrect. I pointed this out to DSG and was under the impression that they would have it corrected. They didn't, and I received a Default Judgement with my name details still incorrect.

 

I should point out that I have been trying to deal with all this whilst sorting out the winding up of my mother-in-law's Estate who died in April, as well as dealing with the sale of her house. Both my wife and sister-in-law have been in no fit state to do so.

 

The next thing I knew, Sherforce were knocking on my door, STILL with both my name and company name incorrect.

 

I have today received a Court Date from my local Court for a Set Aside hearing. It had been transferred from DSG's local court. The hearing is on 7th December.

 

What I object to is the fact that DSG took such drastic legal action against me and couldn't even be bothered to get my name right! Then to get Sherforce involved with the mistake taken all the way to the High Court says a lot for DSG's legal administration process.

 

As the details of Sherforce's Writ are invalid (as I pointed out to their obnoxious officer) then my only way forward seemed to be to apply to have the original judgement set aside due to its inaccuracies.

 

I have no real idea at this stage what I shall say at this hearing, or even if DSG will send any form of representation. I will on that occasion state very clearly that I admit the original debt and, hopefully by that time (subject to the aforementioned house sale) be able to pay off the whole debt in one go.

 

If you have read my other posts about Sherforce then you will see that I had dealings with them over another debt, on which occasion they towed my car away (which is essential for my work) then promptly released it back to me a few hours later - no proper reason for this strange turnaround was ever given.

 

It can therefore be appreciated that I do not hold Sherforce in high regard; the officer on the first occasion was cold and completely unsympathetic to my situation. He suggested a ridiculous monthly repayment that was nearly as much as my mortgage! It is my opinion that he had the car taken because he could. When he turned up this time, it was "Hello, remember me", as I answered the door. I'm not likely to forget, am I?

 

They have no interest in your personal difficulties and take the approach that you have the money that is owing and are simply withholding it. They don't seem to have any concept of what it is like to be dirt poor!

 

Quite apart from their attitude, their charges are scandalous, and in my view completely without justification. Whilst I can appreciate their use when a debtor has the money and won't part with it, I suggest that such debtors are a tiny minority of those they deal with.

 

It is only a matter of time I believe before these legalised thugs are given even more powers than they currently have. They will continue to exploit debtors' ignorance of what they can and cannot do.

 

Thank God for this site and for all the amazing people here who I am sure have prevented a great many desperate people in debt from topping themselves.

 

PS - to Sherbrook - It was DSG's stupidity in getting my name wrong, not my stupidity, that caused this issue in the first place. I think it unlikely that they will suffer. Sanctimonious comments would be better directed at those who deserve them, the ones that won't pay but could. I don't belong in that category. I'd pay off every single debt I had in an instant if I had the money.

Edited November 12, 2009 by DebtWeary

[brownefamily]

Since I started Sherbrook off, I feel he can't suffer all the rebukes.

 

I hope DebtWeary gets his stay and then comes to an arrangement to pay the debt in full.

 

I certainly don't want him to pay any ridiculous charges imposed by Sherforce.

 

However....and this may be considered the sanctimonious bit....somewhere, sometime, we've got to get back to facing up to our own responsibilities! We need to sometimes say "it's a fair cop guv".

 

I would love to live in a common-sense world, where nobody could intimidate and bully using the law as an excuse/defence. Where justice and common-sense prevailed.

 

If that world were to work, however, EVERYBODY would have to play their part. So I'm afraid that saying "it was DSG's stupdity in getting my name wrong, not my stupidity, that caused the issue in the first place" is not facing up to facts.

 

You got in trouble because you bought something from PC World that you didn't pay for, then (presumably) ignored red letters from them, never responded to the court claim and never applied for a stay or appealed the CCJ.

 

What has now caused the issue is that you have spotted the OPPORTUNITY to either get out of paying or delay paying (whether you spotted that opportunity when the court papers first arrived or not, it's still an opportunity. In a world of justice and common-sense; that's not on!

 

I realise you've had other things to deal with and I know it is often the people who can't pay that find the likes of Sherforce on their doorstep. I've been one of those people and was fortunate that by the time it reached that stage, I was in a position to start paying. So by ignoring reminders, not contacting the creditor etc, I had bought enough time to get through to where I could pay....so I did!

 

I hope DebtWeary finds themselves in that position too and settles all their debts.

 

In the meantime, please understand that just as some people say things like "oh well, I'll inflate my insurance claim because it doesn't harm anyone, the insurers can pay" if we don't pay our debts on time, we're going to wreck the country! "Look at your client base" may be good advice and that would mean DebtWeary would have avoided all this as PC World would have refused him credit....but would a person turned down by PC World have been happy with that at the time? Would he have gone away and said "it's a fair cop, guv, I can't afford it and they've done the right thing. I must go away and save up or change my plans"? or would that person have moaned about how bad PC World were and gone next door and tried and tried until someone lent him the money including doorstep lenders etc?

 

I may be straying off the point in my rant and I don't want to use DebtWeary as a whipping boy. I was in exactly the same position as them and hope all goes well but I do wish consumers would concentrate on fighting cases where people have been overcharged, wrongly charged, ripped off etc and when that isn't the case, concentrate on finding ways to pay!

 

If you have had bad service, complain and even refuse to pay or only agree to pay less. If you have had good service or got what you wanted, then pay up! Otherwise, honest businessmen will go out of business.

 

PC World are the victim here!

 

Rant over!

[brownefamily]

and in DebtWeary's case, when you do go to court, perhaps you should explain what a difficult time it's been and that you hope to have the money to pay soon and then hopefully PC World will adopt a common-sense attitude and wait for payment.

 

In my common-sense world of everyone facing up to their responsibilities, they would already have been told this!

 

All the best

[MRSWESTHAM]

I and I expect I speak for many people on here would LOVE to be in a position to pay all my debts off in one go. But im not. If the companies were a little more helpful and didnt whack ridiculous fees on i sure more debt would be paid off.

[brownefamily]

Sherforce adding ridiculous fees has all to do with their profits and nothing to do with helping collect the debt, so I agree on that.

 

but by the time it gets to Sherforce, there will have already been several opportunities to try to sort things out. If you can't pay it all, offer to pay by instalments and start payng by instalments! If everyone who owed me money, paid me back at £1 a week, I wouldn't be happy but at least I'd save on sending reminder letters etc. It would be something and a way forward!

 

So here's another rant aimed at all debtors (myself included):

 

If debts can't be paid because people are ill, unemployed, bereaved etc, there must be a responsibility to tell creditors that! At the start! Don't tell the bailiffs (as you say, they're not interested) but do tell the people you owe the money to straight away. If you don't tell them, they won't know!

 

Of course, they might still chase you for the debt but if it goes to court and you say, look: this, this and this has happened and here's my letter telling them this and here's the £1 a week I've been sending them, I'm sure a judge would say "clearly you're in difficulty but have been trying and I don't think this case should come before me...keep on paying if that's all you can afford".

 

What's happening instead is the business sends out letters that get binned (and I know because I've received such letters) and the hope is they'll go away (or there'll be a lottery win or something and magically I will be able to pay). Eventually the business goes for a CCJ (and usually those court claim papers get ignored to) and then it's not long before the likes of Sherforce turn up. It shouldn't get that far!

 

We're almost in an alchoholics anonymous situation here. The first thing a debtor needs to do is say "I'm a debtor and I've got myself in debt" and the next thing is "I'm not going to get myself in more debt and I'm going to pay back the debts I have".

 

They can't be paid in one go, overnight (if they could, you wouldn't be in debt!) but "every journey begins with a single step" and debtors need to take the initiative. Work out what can be afforded and start to repay! Head off the likes of Sherforce by never letting it get to the court stage (let alone the bailiffs). Face up to your responsibilities and pay back the money you owe. If the creditor says "no" to your £1, ignore them. Keep paying £1. If they slap on interest, don't get distracted from paying your £1 and when the debt has been repaid, tell them it's been repaid!...but, accept that you should pay some sort of interest because you're late! but it must be reasonable....

 

Of course, if you can afford more than £1, pay more than £1. If you get to court and the judge finds your worth millions and you're offering a pound, you won't get anywhere!

 

Be honest to yourself and those you owe money to.

 

It can be embarassing to admit you've got problems and can't afford things but the sooner you face reality and deal with it, the better.

 

So don't keep waiting for the debt to disappear or the lottery win to arrive or your fortunes to magically change. It's up to you to change and it's up to you to deal with your debt. Do so at a realistic pace but the sooner you start, the better!

 

There we go. Nothing really new there. It's all the same old stuff....write down your income and your expenditure and see what you have left to pay your debts. Then start paying them.

 

First step is, though, to stop fooling yourself and face up to facts and responsibilities!

 

And I say this as someone who's been a debtor (and still is) and a creditor (and still is) so I know the problems from both sides....and when I'm tucking in to my takeaway, I'm not thinking "oh, I could have used that extra money to pay off some of debt x" but I should be, because when, next day, I'm at work and worrying if I'm going to be able to pay the lady who works for me part-time because client y still hasn't responded to my letters asking him to settle their £100 bill, I'm thinking "I bet he's still watching his Sky TV and having his coffee shop drink at lunchtime!".......

 

So pay your bills and remember that businesses have bills to pay too.

 

Don't pay for bad service and don't pay ridiculous charges but do pay otherwise.....even if, because of things going wrong in your life, you only pay little but often

 

Rant over (again) or is that more of a sermon? I'll stop hijacking this thread anyway. I'll set up my own thread or advice service and call it "How to put bailiffs and Sherforce out of business..." but it won't be with advice like "here's a good dodge to try" but rather simply "by paying your debts"

 

Now, I must try and practice what I preach!

Edited November 14, 2009 by brownefamily
spelling mistake

[lets fight bailiffs]

Good call brownfamily,but with all due respect.

 

most people right now have less comming in than what needs to go out.

 

in some cases it will be just wont pay, however most people at this hard time have had hours cut/ no overtime and the value in assets have fallen very sharp.

 

My job it to go into companies or firms that are in lots of debts and turn them around, and you are very right in saying the very 1 thing you should do is keep talking even if you are telling them that you cant pay this week or saying you can only pay half.

 

there are lots of ways to keep your head above water even HMRC inc VAT will enter into payment plans up to 12 months but that is firms who should have a proffit line but in most of the threads on here they are just everyday peaple who's income is at a loss and the fact is that if these people was firms they would be insolvant and in contract terms if you can not pay your debts as they fall due then you should not be trading but life does not work in that way as people do not want to admit that they are insolvent as they then feel as if they have failed.

 

and that is why it is left until it is too late (head/sand)

 

LFB

[danboy381]

well said lfb.

 

sherbrook, you appear to run an interesting business, and it seems you spend your days, or at least a good part of them instructing hceo's. why give credit in your business? I'm also not sure what your purpose is on this forum - maybe you don't know either. This forum is entitled:

Bailiffs and Sheriff Officers 'Your rights when dealing with bailiffs and sheriff officers'

 

Why do you need to know your rights?

 

Maybe you came on here having been rattled by a creditor who wants to take you to task over pie in the sky fees an hceo firm added onto the debt you instructed them to collect. I dont know. Maybe your're just bored. Maybe your name is Claire?

 

Claire Sandbrook. CEO of Sherforce and Braintree Councillor - 58 Wood Way. Great Notley. Braintree. Essex. CM77 7JS. Tel:- 01376 345728

 

moderators - this information is readily available in a google search - and therefore is in the public domain via braintree council and sherforce website already.

 

http://www.braintree.gov.uk/Braintree/councildemocracy/Councillors/ClaireSandbrook.htm

Edited November 15, 2009 by danboy381

[lets fight bailiffs]

I also had the same thought Danboy,

 

LFB

[danboy381]

yep. i think a few of us think alike lfb...

 

anyway, on another note be sure to update us on your case you have been quiet for a while!

 

db

[lets fight bailiffs]

I will update all as soon as i can,

 

But what i can say is keep your eye on the national press next week.

 

and you will see why.

 

LFB

[Nulla Bona]

Havent seen anything in the press....

 

Hot air I reckon.

[lets fight bailiffs]

Havent seen anything in the press....

 

Hot air I reckon.

 

What HCEO company do you work for then and yes we know tooks court is run by Sherforce.

 

and you can reckon what you want,

 

if you have nothing worth saying then stay away i reckon.

 

LFB

[danboy381]

LFB It just proves a point that the people coming on here that reckon they work in the industry are not very bright. Why would you waste time on a forum where people are looking for help and not help them?

 

Its like a builder hanging around on a DIY forum but just jeering and trying to wind people up... yes a bit wierd isn't it. maybe they sit there late at night getting very excited reading the threads (lol) i just don't know - out of all the people who work in the filthy industry only 'the bailiff' seems to be half helpful.

 

it would be good to spk on a private level amongst ourselves soon.

[lets fight bailiffs]

Good call,

 

and I will contact the site team in the morning with regards to the private bit.

 

I just dont understand its like they think we are as thick as them, but what we dont have to do is take our socks of to count over 10:D.

 

LFB

[Guest DebtWeary]

Hi all, I have this afternoon been to my Set Aside hearing - and it was refused. I felt my defence was pretty tenuous anyway but the judge did not accept that a CCJ with wrong name information on it was invalid. I think his words were "You seem to be trying to avoid paying on a technicality". Still doesn't seem right to me but who am I to argue? He should know the law.

 

I should be able to pay off the original Judgement debt this month, but I still have Sherforce to deal with. I'm damned if I am going to pay their ludicrous charges.

 

I'd appreciate any advice on the way forward, and thanks for all the help everyone has given to date.

 

DW

[ncf355]

Seems like small claims action for the overcharged fees would be an approach?