sherforce unlawull interest fees to a judgement

[miliitant]

time to go to war me thinks. i have finally got a statement of my member and the antics of sherforce

THEIR IS NO PROVISION ON THE ORIGINAL CCJ JUDGEMENT FOR POST CONTRACTUAL INTEREST. SHERFORCE ARE OF THE OPINION THEY ARE ENTITLED

best plan of attack including going back to court and can you check these charges please as i know nothing on baliff law


Debtor Services Team
Shergroup House . 3-4 Freeport Office Village
Century Drive . Braintree
Essex . CM77 8YG . UK
A Division of Shergroup Limited DX: 133230 Braintree 3
High Court Enforcement Officers
Consumer Credit Act Licence Number 543735 Tel: 0845 890 9205 . Fax: 0845 890 9218
Email: debtorservices@sherforce.net
Web: www.sherforce.net
Authorised High Court Enforcement Officers:
Claire Sandbrook LLB (Hons), FICM
David Asker MCSE, MCP+i
Christopher Badger, BA (Hons)
Our Ref : 244017
Claimant’s Reference : xxxxxxxxxx
Date : XXXXXXXX
VAT Registration Number : 945 7915 77
STATEMENT OF SHERFORCE FEES
In The Matter of: XXXXXXX v

Breakdown of Judgment Debt, Costs and
Interest Amount £

Judgment Debt 6543.51
Judgment Costs 608.00
Execution Costs – as provided under the Writ 111.75
Interest at 8% pa 481.77
Additional Interest Charges 101.88
Assessed Cost 90.00
PLUS Sherforce Charges As Detailed Below* 1771.75
LESS any monies received by Sherforce 0.00
LESS any credits notified to Sherforce 0.00
OUTSTANDING AMOUNT DUE
AS AT TODAY’S DATE
9708.66



*Fees to be deducted as provided under the
High Court Writ of Fifa and payable to the
Authorised Enforcement Officer as provided
under the High Court Enforcement Officer
Regulations 2004, Schedule 3
Relevant Regulation Fee £
Percentage of Amount Recovered HCEO Regulation Part A Fee 1 200.92
Mileage Incurred HCEO Regulation Part A Fee 2 41.76
Seizure Fee HCEO Regulation Part A Fee 3 2.00
Making Enquiries Or Dealing With Claims for Rent
or To the Goods
HCEO Regulation Part A Fee 4 4.00
Walking Possession Fee – calculated at £3.00 on
day of signing Walking Possession Agreement and
25p per day thereafter
HCEO Regulation Part A Fee 5 (1)
and (2)
71.25
Attending With A View To Remove Goods For Sale HCEO Regulation Part A Fee 5 (3) 0.00
Valuation Fee HCEO Regulation Part A Fee 6(2)
(b)
411.53
Any Other Fee For A Duty Otherwise Not
Provided For
HCEO Regulation Part C Fee
12
Initial Attendance Fee HCEO Regulation Part C Fee 12 175.00
Financial Management Fee HCEO Regulation Part C Fee 12 160.00
Administration Fee HCEO Regulation Part C Fee 12 300.00
DVLA + HPI Fee (£25.00 * 2) HCEO Regulation Part C Fee 12 50.00
Payment Plan Management Fee HCEO Regulation Part C Fee 12 60.00
Subtotal of Sherforce Fees 1476.46
VAT on Sherforce Fees 295.29
Total of Sherforce Fees inclusive of VAT 1771.75
THIS IS NOT A VAT INVOICE
Statement

[bluebottle]

Re: sherforce unlawull interest fees to a judgement

How considerate of Sherfarts to give you their CCA Licence Number. I'd report the buggers. Is there any way this can be submitted to a Court Master for taxation? It would be interesting to see if Sherfarts can justify their fees.

[miliitant]

Re: sherforce unlawull interest fees to a judgement

as stated

this is what i have been waiting for

something in black and white

[ploddertom]

Re: sherforce unlawull interest fees to a judgement

Is the debt paid in full? Have they asked for a SAR?

[miliitant]

Re: sherforce unlawull interest fees to a judgement

Is the debt paid in full? Have they asked for a SAR?

this is a brand new judgement from a few months ago

he has been trying to sort out an income and exp form as he is on minimum wage

i need confirmation though on sherforce claiming post contractual interest at 8 % though to begin with

[ploddertom]

Re: sherforce unlawull interest fees to a judgement

http://thesheriffsoffice.com/article...judgment_debts

[miliitant]

Re: sherforce unlawull interest fees to a judgement

The statutory judgment interest rate for High Court judgments is 8%. Once a County Court judgment (CCJ) is transferred to the High Court for enforcement, under the County Courts Act 1984, it is treated as a High Court judgment for all purposes, so interest at the same rate of 8% applies.

so even if no post contractual interest was awarded in the judgement, the mere fact it has gone to HCEO negates that. that stinks

any recomendations as this has to be contrary to CPUTR

the guy is now on minimum wage and does not own his own house

would it be advisable to take this back to court to block the FI FA writ of enforcement

[ploddertom]

Re: sherforce unlawull interest fees to a judgement

As far as I am aware if there is no provision for the Interest to continue after Judgment then they cannot "re-introduce it". Tell me a bit more of the whole story. Even though it has been transferred to the High Court this is for enforcement only and all other procedures - Set Aside, Variation etc are still dealt with by the County Court.

[pepsie]

Re: sherforce unlawull interest fees to a judgement

If the Court permitted interest be claimed on the original debt up until the time of the Judgment but made no reference to it being permitted thereafter then Sherfarts cannot charge further interest, as the ccj does not permit it.

Pepsie

[miliitant]

Re: sherforce unlawull interest fees to a judgement

the judgement was for an overpayment of wages
the solicitors passed it up to HCEO with immediate effect
an N244 application was put to the court for a redetermination/variation on payments. the judge rejected the application saying that he was unable to afford the £ 10 per week

a week later sherforce paid his parents a visit as he has no home of his own, his parents contacted the union who then phoned me. once they realised my position in a national trade union, they backed off.

sheraforce are now waiting for me to send them his income and exp form

can this go back again to the court for another redetermination hearing, or what are my options

many thanks

[pepsie]

Re: sherforce unlawull interest fees to a judgement

If you are going to follow this through please take on board any advice PT gives, taking on HCEO is totally different to tackling a baliiff and needs careful handling.

Pepsie

[pepsie]

Re: sherforce unlawull interest fees to a judgement

the judgement was for an overpayment of wages
the solicitors passed it up to HCEO with immediate effect
an N244 application was put to the court for a redetermination/variation on payments. the judge rejected the application saying that he was unable to afford the £ 10 per week do you have or can you get a copy of the actual order the Judge made at this hearing?

a week later sherforce paid his parents a visit as he has no home of his own, his parents contacted the union who then phoned me. once they realised my position in a national trade union, they backed off.

sheraforce are now waiting for me to send them his income and exp form do nothing about this until we get to see the judgment to the variation rejection

can this go back again to the court for another redetermination hearing, or what are my options

many thanks

PT has asked me to fill the breach......yes we can get this back into Court and make application for a stay of execution, using his circumstances as grounds to suggest he cannot afford a) the debt b) the 'questionable' fees of SF. As you know these forums are monitored by all forms of the enforcement industry and to take this to a conclusion it has to be off forum....when it is settled then is the time to come back and give a full post to the steps you took to get a result. I will send you a PM to explain the steps involved and help you through the options if that is what you want?

pepsie

[miliitant]

Re: sherforce unlawull interest fees to a judgement

many thanks

i was sure i was right on the interest, nice to have it confirmed though

i think its best we speak by pm now due to their unlawful charges

regards