Sherriff c

Emm2013

Just looking for some advice regarding the Sheriff and his fees. My cousin had his car taken by the Sheriff 2 weeks ago on foot of a judgement awarded aginst him . The judgement related to an o/s fine from EFLOW. The judgement amount was Eur2.6k and my cousin claims he never received a summons or correspondance from EFLOW regarding the fine. He tried unsuccsessfully to negotiate the release of the car with EFLOW, their solicitors and the Sheriff but was advised that the judgement amount must be cleared in full before the car could be released and no party would negotiate a settlement with him. He raised the money needed to clear the judgement but was then informed by the sheriff that there was an additional Eur1k in sherriffs fees/expenses on top of the judgement amount, making the total amount due Eur3.7k. My cousin has asked the sheriff for a breakdown of his expenses but was told by the Sheriff that he is not obliged to provide a detailed breakdown and that the car will not be released until he receives the Eur3.7k. The level of expenses seems incredibly high and there is no transparency . Can anyone advise if they have had any experience with the Sheriff ?

Pro Hoc Vice

Emm2013 wrote: »

Just looking for some advice regarding the Sheriff and his fees. My cousin had his car taken by the Sheriff 2 weeks ago on foot of a judgement awarded aginst him . The judgement related to an o/s fine from EFLOW. The judgement amount was Eur2.6k and my cousin claims he never received a summons or correspondance from EFLOW regarding the fine. He tried unsuccsessfully to negotiate the release of the car with EFLOW, their solicitors and the Sheriff but was advised that the judgement amount must be cleared in full before the car could be released and no party would negotiate a settlement with him. He raised the money needed to clear the judgement but was then informed by the sheriff that there was an additional Eur1k in sherriffs fees/expenses on top of the judgement amount, making the total amount due Eur3.7k. My cousin has asked the sheriff for a breakdown of his expenses but was told by the Sheriff that he is not obliged to provide a detailed breakdown and that the car will not be released until he receives the Eur3.7k. The level of expenses seems incredibly high and there is no transparency . Can anyone advise if they have had any experience with the Sheriff ?

Someone is not telling the whole truth, there is no way that a eflow non payment of toll ends up costing €3,700, if this is what is been claimed your cousin really needs real legal advice as it just does not add up.

234

It's more likely than you would think. E-Flow have a very steep escalation model for fines and overdue charged.

Pro Hoc Vice

234 wrote: »

It's more likely than you would think. E-Flow have a very steep escalation model for fines and overdue charged.

http://www.eflow.ie/tolls/

By my maths max €200.00 there is no way they can get DC costs of in excess of €2000 nor can sheriff get €1000 on a original €200 debt. While storage charges would mount up I can not see €1000 even at €50 a day is 3 weeks of storage.

Little CuChulainn

Pro Hoc Vice wrote: »

http://www.eflow.ie/tolls/

By my maths max €200.00 there is no way they can get DC costs of in excess of €2000 nor can sheriff get €1000 on a original €200 debt. While storage charges would mount up I can not see €1000 even at €50 a day is 3 weeks of storage.

If the cousin refused to give the keys you are probably looking at €150 for a tow wagon and maybe even money for a locksmith and new set of keys.

Also, the op never said it was one toll only. They guy could have been driving through it for weeks.

I'd agree with the poster who said someone is telling lies. E-Flow use official vehicle registration records. it's extremely unlikely the guy never heard from them unless he has the car registered to a false address.

OP don't put yourself on the line until you're sure you know the full truth.

234

Pro Hoc Vice wrote: »

http://www.eflow.ie/tolls/

By my maths max €200.00 there is no way they can get DC costs of in excess of €2000 nor can sheriff get €1000 on a original €200 debt. While storage charges would mount up I can not see €1000 even at €50 a day is 3 weeks of storage.

My mistake. Things have changed since I last looked at it. In the past the scale on which the late charged escalated was the subject of some unfavourable judicial comment and I believe there was doubt about the fairness of the terms and their enforceability.

AndonHandon

Emm2013 wrote: »

Just looking for some advice regarding the Sheriff and his fees. My cousin had his car taken by the Sheriff 2 weeks ago on foot of a judgement awarded aginst him . The judgement related to an o/s fine from EFLOW. The judgement amount was Eur2.6k and my cousin claims he never received a summons or correspondance from EFLOW regarding the fine. He tried unsuccsessfully to negotiate the release of the car with EFLOW, their solicitors and the Sheriff but was advised that the judgement amount must be cleared in full before the car could be released and no party would negotiate a settlement with him. He raised the money needed to clear the judgement but was then informed by the sheriff that there was an additional Eur1k in sherriffs fees/expenses on top of the judgement amount, making the total amount due Eur3.7k. My cousin has asked the sheriff for a breakdown of his expenses but was told by the Sheriff that he is not obliged to provide a detailed breakdown and that the car will not be released until he receives the Eur3.7k. The level of expenses seems incredibly high and there is no transparency . Can anyone advise if they have had any experience with the Sheriff ?

This needs further elaboration. Judgment against your 'cousin' would not have been lightly obtained, even in his/her absence.

Pat Mustard

Emm2013 wrote: »

Can anyone advise if they have had any experience with the Sheriff ?

There are people who say that they didn't get any demand letters or the summons or execution order, even though summonses must be served properly, and declarations of service of service must be lodged in court afterwards.

The chances of all of these things happening without a defendant knowing all about it are slight. Any amount of looking into the matter should allow a copy of the declaration of service of the summons to be taken up.

I wouldn't get involved with somebody who tries to spin an incredible yarn about how he didn't receive any of the paperwork. It's a waste of time and money. Avoid.

Emm2013

The Mustard wrote: »

There are people who say that they didn't get any demand letters or the summons or execution order, even though summonses must be served properly, and declarations of service of service must be lodged in court afterwards.

The chances of all of these things happening without a defendant knowing all about it are slight. Any amount of looking into the matter should allow a copy of the declaration of service of the summons to be taken up.

I wouldn't get involved with somebody who tries to spin an incredible yarn about how he didn't receive any of the paperwork. It's a waste of time and money. Avoid.

The issue I have raised relates to the charging of Sherriff fees in the absence of a detailed breakdown of how they accumulated .I am not questioning the original judgement amount .The issue of whether correspondence was reviewed from Eflow is not being queried on my post. I am simply seeking advice in relation to the charging of expenses by the Sherriff and would appreciate any relevant advice on same.

Pat Mustard

Emm2013 wrote: »

The issue I have raised relates to the charging of Sherriff fees in the absence of a detailed breakdown of how they accumulated .I am not questioning the original judgement amount .The issue of whether correspondence was reviewed from Eflow is not being queried on my post. I am simply seeking advice in relation to the charging of expenses by the Sherriff and would appreciate any relevant advice on same.

Fair enough.

Take a look at S.I. No. 644/2005 - Sheriff's Fees and Expenses Order, 2005.

The €1k in sheriff's fees seems high.

However, if you take the Sheriff's poundage fee of 5%, together with the costs of hiring a truck to repossess the car and other listed fees, it would add up pretty quickly.

I seem to recall a County Registrar's messenger (like a bailiff) telling me that if a car was to be repossessed, it would have to be put up on a trailer, costing in the region of €400, and that if security was required, that would have to be paid for also.

the culture of deference

234 wrote: »

It's more likely than you would think. E-Flow have a very steep escalation model for fines and overdue charged.

It is very steep. I don't know how they were allowed to do it. The maximum they should be allowed to fine is 20 euro.

No Pants

the culture of deference wrote: »

The maximum they should be allowed to fine is 20 euro.

Out of interest, how did you reach the amount of €20? It's too low to be a deterrent and too low to cover the costs of issuing it.

the culture of deference

No Pants wrote: »

Out of interest, how did you reach the amount of €20? It's too low to be a deterrent and too low to cover the costs of issuing it.

Just because the initial fee is 3 euro. It should just cover costs.

No Pants

the culture of deference wrote: »

Just because the initial fee is 3 euro. It should just cover costs.

So you think that the cost of dealing with this is just €17? I'd think again.