Sherforce Help

[feugo]

Hi

 

I returned home tonight at 7.30 to find a Sherforce High Court Sheriff sat in my kitchen talking with my wife. I had a Debt of £3,500 with a local Borough Council for 1 years Sports Facilities Hire costs which I found impossible to maintain the agreed payment arrangement. The Borough council took out a CCJ against me which I still couldnt pay and last friday I received papework from the high court saying the debt has now reached £8,000 including £1775 in high court costs and interest. I have no money to pay this. I am desperate! I received the paperwork on friday and a phone call on monday. Its now wednesday?

 

Since this debt I have paid the Sports centre religously and am upto date. I do not disagree that I owe the centre(council) money. However apart from not being able to afford the repayments, there were discrepancies between excatly what the sports centre said I owed and what the borough councils finance department said I owed which I queeried. I still think they were incorrect. The centre is now not run by the council.

 

On a slight tangent one of the coaches that works with me went for a job interview a year ago at the same sports centre and the Council intervewier discussed openly the debt I had and the amount of money it involved and that if he got the job 'he would have to keep an eye on me'???? The coach told me this in confidence.

 

The HCEO has made me sign a document saying he can take both my wifes car which is in her name and my car which is in mine. He says I have to pay £4000 by friday or he'll arrange to have them collected. He said I cannot have time to pay and that the most they would allow me is 6 months. I cannot afford either.

 

I work as a part time employed sports coach and try to run my own lessons on a selfemployed basis.

 

I need to know exactly where I stand on this. Your help is greatly appreciated.

[wonkeydonkey]

Is the agreement to the payment plan with the Sports Center or the Council?

 

What I can see here is the sports center at the time the debt arose was owned by the Council so can I assume the agreement was made with them?

That the Center is now run privately so it would mean the Council sold your debt to them?

 

I find that hard to accept so I would be inclined to think, your payments should have gone to the Council and the Sports Center having collected them failed to forward to the Council and have kept them in their own 'coffers'

 

Sherfarce well what can one say, I have recently posted my views on another thread but just for you I will post it again....Once we know who the agreement was with and who has been doing the collecting we can make headway, I can see a few options open to you and the first and most urgent is for you to submit an application to stay execution. You can download the form you need for this from HMC&T Form N244 if you are on low income or tax credits/benefits etc you will also need Form ex160 to claim remission to the fees. Where you are asked for grounds you can put:

 

Unable to afford the Fees

Have made agreed payments without default

 

Get this to the Court as the doors open in the morning and tell the them it is a matter of urgency due to the HCEO attending to remove your cars for auction on Friday. They might be able to find a 'spare' Judge who will hear the application there and then.

 

I would also suggest you submit N245 as this is an application to vary the amount you are paying down to a n amout you can be seen to be able to reasonably afford.

 

If the debt is in your name they can't take you wifes car if that is registered to her, your car must be clear of HP or that is also a no no.

 

PT will no doubt see this post and he will guide you through the forms if you need help as I think he has a template to it.

 

WD

Edited April 18, 2012 by wonkeydonkey

[wonkeydonkey]

Just for you so shhhh dont tell anyone.

 

Sherforce the self proclaimed 'best in enforcement' have done nothing to enhance the Industries profile. They take pride in being members of the HCEOA yet constantly call them into disrepute, paying little to no heed to the Rules and Regulations that self govern the Industry.

 

The Lord Chancellor is seen to have 'approved' all High Court Enforcement Officers prior to appointing him/her to carry out enforcement in the name of Queen and Country. It has to be assumed, those that undertake responsibility to ensure they are approving a suitable candidate are qualified to do so.

 

HCE starts with a writ being assigned to the enforcement officer who in turn delegates an employee to carry out their given instruction, this is not disimilar to the role of any employer but most employers seek to have the 'best' in their employ, often going the extra mile to ensure they are employing people shown to be trustworthy, honest and a credit to their business..

 

It was only recently suggested to me I take a look at the list of 'officers' as published on the Sherforce website, I did just that and on scrolling down the list almost to the bottom I noted a famiiar name.

 

Formerly the 'Credit Manager' to "one of the UK's largest suppliers of electronic payment solutions" he was empowered to employ the services of Sherforce to transfer debts to the High Court for Writ of Fi'Fa' and then order they carry out execution to them regardless of the little things like set aside in progress, he even 'starred' in a promotional video to give testimonial to Sherforce excellence, he boasted that being a 'prominant' client of Sherforce he was positioned to tweak their strings and they would always dance to his tune, he wanted it known he was a 'buddy' of Chris Badger and they worked together to ensure both 'benefited' from the relationship.

 

 

So what led to this role reversal of being the 'top man' to becoming a foot soldier for Sherforce? I do not need to speculate on the answer to that question as I have evidence that allows me to conclude it was his ego that drove him to believe he was 'untouchable' but the reality was he was incompetent and I have good reason to suspected that in order to cover up his incompetence he was placed to tell the initial lie and what followed was true to the quote by Sir Walter Scott "oh what a tangled web we weave when first we practice to deceive" If this is the standard Sherforce see to be trustworthy, honest and a credit to their business..then it speak volumes.

 

I cannot name him but if any of you come across him he will be easily recognised, for I would describe him as being small in stature but very big in ego

[feugo]

Hi thanks for your help.The hire costs are owed to the council. I used to pay on invoice which I struggled to pay until they said I had to pay cash direct to the sports centre each time I turned up which has worked much better all round. Since then I have paid the sports centre cash and am presently upto date with all subsequent fees although not the debt. The debt is still outstanding to the council and I made two large payments which brought the debt down to £3500. The council kept the debt when they relinquished ownership of the sports centre.

 

I am going to struggle to get to the high court in the morning. I live miles away! I think its london or northampton. Is there any other way? fax or email? or phone call. Or do you mean my local county court which is 10 miles away? I have downloaded the N245 and about to download an n245.

[tomtubby]

You are in excellent hands with Wonkey Donkey.

 

WD.....GREAT advise as always. When it comes to High Court enforcement....you and Plod are THE BEST !!!

[wonkeydonkey]

Yes you can submit the stay at your local Court,PT doesn't seem to be around but Ive scrambled about and this is the template guide if it helps.

 

N244 Form:

 

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No - Put Writ No in here

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

1.- you have no means of paying the Fees demanded

2. - the Claimant is accepting voluntary payments from you

3. - you intend to file for a Variation in payments to put your voluntary payments on a formal footing

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

WD

[tomtubby]

I did say that Wonkey Donkey is GOOD !!!

[feugo]

I did say that Wonkey Donkey is GOOD !!!

Thanks to both of you. Ill let you know how I get on.

[wonkeydonkey]

Thank you kindly TT, but I bow deeply to your expertise in all other fields of bailffs and particularly parking issues and Court fines.

 

WD

Edited April 19, 2012 by wonkeydonkey

[tomtubby]

WD....

 

Kind words will get you anywhere....