Sherforce help and advice needed urgently *** Success ***

[hallowitch]

I am also having problems with sherforce and there costs are £2400 making an initial debt of £375 to over £3300 after adding their court fees got my breakdown of charges and spoke to their complaints dept waiting now for paperwork to potentially take it to court

 

Hi welcome to CAG please use this link to start a new thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[andrewjohn]

Thanks

[wonkeydonkey]

I am also having problems with sherforce and there costs are £2400 making an initial debt of £375 to over £3300 after adding their court fees got my breakdown of charges and spoke to their complaints dept waiting now for paperwork to potentially take it to court

 

Please do as Hallow suggests and start your own thread, in the spirit of cag help is at hand we just need a little more info.

 

WD

[Andy505t]

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.

[wonkeydonkey]

Well done Andy and take a bow...the fight was won because you put your fear aside and followed things through to the end, it is not an easy task to place trust in a total stranger but, you did and I thank you for that.

 

Once again caggers can see the likes of Sherfarts can be beaten and while they continue to apply these ludicrous fees unjustly, CAG will be here to help take them to task. Once again a big well done to you and if there is a mod around perhaps they will be kind enough to add 'SUCCESS' to your thread title...you deserve it!!

 

 

WD

Edited July 31, 2012 by wonkeydonkey

[brassnecked]

Superb result; Andy5051: 1 Sherfarce 0 :whoo:

[AndyOrch]

Excellent result achieved by all involved ....thread title amended to reflect the result.

 

Regards

 

Andy

[jaffro]

well done andy505t......... just shows these can be beaten......

[unclebulgaria67]

Yes well done.

 

But the charges are still excessive in my opinion. Nearly £500 for a £600 debt. Not sure how they can justify that amount, as that must include a significant amount of profit. Not sure what can be done about utility companies using HCEO's, for relatively small amounts, other than the government legislating to increase the amount whereby an HCEO can be used.

[brassnecked]

Yes well done.

 

But the charges are still excessive in my opinion. Nearly £500 for a £600 debt. Not sure how they can justify that amount, as that must include a significant amount of profit. Not sure what can be done about utility companies using HCEO's, for relatively small amounts, other than the government legislating to increase the amount whereby an HCEO can be used.

 

Minimum amount for transfer for High Court Writ of fi-fa and use of HCEO should be £15,000 a figure above gross income at National Minimum Wage imho, as low income families can barely afford the utility bill let alone HCEO charges.

 

£600 was a great deal more money when the limit was set, than it is today in terms of buying power, It is entirely possible under the current system for families on low income, or benefits to have to pay the utility with a pre-pay meter, and so much a week from benefits or wage to pay outrageous HCEO charges that are more than their annual disposable income

Edited July 31, 2012 by brassnecked

[wonkeydonkey]

Minimum amount for transfer for High Court Writ of fi-fa and use of HCEO should be £15,000 a figure above gross income at National Minimum Wage imho, as low income families can barely afford the utility bill let alone HCEO charges.

 

£600 was a great deal more money when the limit was set, than it is today in terms of buying power, It is entirely possible under the current system for families on low income, or benefits to have to pay the utility with a pre-pay meter, and so much a week from benefits or wage to pay outrageous HCEO charges that are more than their annual disposable income

 

 

I agree wholeheartedly with all comments to the the fees being excessive...the actual debt pre-judgment was well below that magic figure £600 required to transfer to the High Court for Writ of fi'fa', Court costs took that debt to £655 at the ccj stage and of course the transfer to the writ added further costs.

 

What is most signifcant in this instance is that the Judge herself recognised these fees to be excessive to the point 'herself' ordered the costs hearing. This is the third time in as many months I have witnessed such an order being made by County Court Judges and it raises hope to thinking that HCEO Regulation Part C Fee 12 will require such fees be approved PRIOR to being charged to the debtor and the debtor not having to incur further costs to contest them?

 

WD