HFC issued court proceedings - Restons Collection Charge removed

[Amethyst]

Re: HFC issued court proceedings

Okay that sounds fine See what restons enter on theirs - i expect they will ask for the stay to attempt settlement too...if they don't then on with court it is, if they do then we need to draw up a Tomlin/consent order so they can't wiggle later.

so no need to do anything yet, call the court in a few days see if they file.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks, will do.

Thank you very much for your help - you are an angel!!

[Amethyst]

Re: HFC issued court proceedings

anything happening on this fuzzy?

[fuzzybrain]

Re: HFC issued court proceedings

not heard a thing from either the court or Restons. Will give the court a ring and see whats happening.

Court says that both sides submitted their AQ's and the file went before the judge on the 4th August but the case hasn't come back from the judge yet.

I haven't heard anyhting from Restons either - i didn't receive a copy of their AQ and have heard nothing further since the letter stating they would agree t the voluntary CO.

Should I be doing anything?

[fuzzybrain]

Re: HFC issued court proceedings

Restons have now written to us and have sent the following documents
Form CH1
AP1
ID1
Form of authority to correspond with mortgage company

In the attached letter it says nothing about them freezing charges or dropping the ourt case - only that they have asked the court to stay proceedings.

The forms look very scary and i'm wondering if we have done the right thing in agreeing to a vol CO - at least if the court ordered it then we would have it set in stone that no interest/charges etc would be added.

it says under additonal provisions. Dated 05/08/09 n favou of HFC bank limited referred to in the charges register or his conveyancer or Restons solicitors (then their address) or if appropriate signed on such proprietors behalf by its secretary or conveyancer.

To secure the sum of £20876.07 being the balance due and owing by the borrower(s) to the lender at the date hereto together with any further advances interests or costs such sum(s) to be repaid by the borrower(s) to the lender in full by a schedule or repayments as may be agreed by the parties from time to time. what does this mean???

They want both me and husband to agree to the CO, but my husband isn't happy about doing this - I though only my equity of the house was being secured. Does this mean that we are now both responsible for the debt if we both agree to the vol co?

Helppppppppppppppppppppppppppp

[Amethyst]

Re: HFC issued court proceedings

hi honey

The charging order will be on the house - as its joint owned whether the charge order is yours or your oh's its still on the house, so yes you are both responsible for the debt. you can make an agreement with OH that the CO is on your half of the equity only should anything happen and you need to split it up.

2nd para just means that you agree repayments with hfc - in this case you offered £150 pcm. The figures right so they have removed the collection charge.

Even if they did get a CO in court they would, unless the judge ordered otherwise, still be entitled to add interest to the debt. Yes i agree it would have been better to get things set by the court but you wanted to go this route instead.


Is the Ch1 form completed ? thats the important one.

ID1 as it suggests is to confirm your ID and that you are the owner of the property to have the charge placed on it, and AP1 is you agreeing to have the charge. ch1 is the charge application.

Usually you dont see these docs as the charge is ordered by the court.

did you do the tomlin order ?


Once this goes through you must keep up those payments.

[fuzzybrain]

Re: HFC issued court proceedings

I've had nothing from the court at all. Restons said in their letter that they have asked for a stay.

Yes it is a CH1 form and it is all filled in. There are 2 ID1 forms and 1 AD1 form

I never did a Tomlin order - i just back the letter statign that i would agree to a vol CO if they removed the collection charge and agreed to freeze all interest and charges regards to the account. They agreed to this.

Would it be better if i didn't sign the forms and went to court instead, so we could get an agreed payment plan fixed by the judge and hopefully he will put a freeze on any further interest and charges being applied to the debt?

[Amethyst]

Re: HFC issued court proceedings

Honey I really don't know. All the way through I've said court is the best option but I think you were trying to avoid a CCJ. Which this way you do I guess. I think now you have started on the voluntary CO it would look a bit naff to the Judge to back out and get it set by him and you would get the costs on top of course. the bit you need setting is the interest so you need an agreement from HFC not to add interest onto the account. I think the best thing would be to write to HFC with a copy of a tomlin order and ask them to sign it so you can submit to court - ie they agree the amount, no interest etc and you agree to sign the forms and hand over £20k of your property (on paper) so then if they do go back on it you have some action you can take to get it enforced by the court.

Whats OH say?

[fuzzybrain]

Re: HFC issued court proceedings

The court costs have been includedin the final amount owed - so i'm not saving anything but not continuing onto court.

He's not very happy to say the least! A CCJ is one thing but a Charging Order is another - especially if there isn't any guarentee that they can't come back and hit us with interest and charges in the future.

I wanted to avoid a CCJ as I didn't want a CO against the house - i was concerned about the interest and charges being added if a CO was granted. As long as they can't act on the CO then it doesn't doesn't bother me having one against the house - given our credit history we won't be remortgaging for a good while yet, plus there isn't the equity in the house to pay them if they did try and force the sale, so its of little use to them!!!

I just have this nagging feeling that Restson will back track and this will end up in court anyhow, so i might aswell get it over and done with and get the protection of a payment order. They probably will still go for a CO, but could i explain to the court that i was too scared to sign the papers as i didn't understand them and felt that court was the better way?

I'm completely lost with this now -would it be best to see what the judge decides as he has the file in front of him and we are waiting his decision - although Restons have asked for a stay so it is likely that is what the judge will order anyhow.....

I guess what i'm asking is: what is the best way to ensure this debt doesn't spin out of control with added interest and charges. I just want a set payment that I can afford and eventually pay the debt off

[Tools]

Re: HFC issued court proceedings

okay - still carry on with the court side stuff too tho honey - don't trust them as far as you can throw em.

Absolutely - thanks

Unless you can negotiate further with Restons regarding them stopping further interest and charges then you should continue this in court where you have at least a chance to get the judge to order freezing of interest and charges.

Get it confirmed by the court that a stay is in place and ask how long for. As Ame mentioned many weeks ago your amended defence should be formally submitted on an N244, it doesnt matter that it doesnt say "amended defence" on the form, you write that on yourself.

Even if Restons agree to freeze interest and charges, get them to agree to a Tomlin/consent order stating those facts so it can be "officially" entered to court and Restons cannot go back on it without first applying to the court for it varying.

Most of this you should have done, as advised, a long time ago, if you have been hesitant because of court fees then Cetelco gave you a link to the EX160 for which you should qualify for at least SOME relief.

DO NOT UNDER ANY CIRCUMSTANCES sign any of those forms they have sent you without 1st getting things set by the court.

It will no doubt result in a CO, but unless you fail to keep your payment arrangement then there is no problems. As you have stated many times another CCJ isnt going to make a blind but of difference to your credit status.

[fuzzybrain]

Re: HFC issued court proceedings

Thank you very much for the help and advice offered, it is very much appreciated

I submitted the amended defence in with the AQ, but i didn't put it on a N244, as my local court said i didn't need to. It was exactly as Ame told me to put, just wasn't on a form. On the amended defence I admitted to the debt outstanding (minus collection cjharge and payments already made that hadn't been deducted) and asked for a payment order to be made of £150 per month and for all interest and charges to be frozen. I aslo stated i was contesting the collection charge. On the AQ i did ask for a stay as I stated restons and I were trying to settle the matter

As far as i know the Judge has accepted this and the file is before him, the clerk said that if i wanted to ring the court next Tuesday then they should have a decision from the judge in respect of the next move.

Its not the court fees i'm concerned about, but the court costs that restons could hit me with if this doesn't go small claims, but as i have admitted to the majority of the debt, the balance being contested is now under £5,000, so does that mean it will go small claims?

Sorry to be really think, but what do i do next? How do i get a Tomlin/Consent order done? Should i contact Restons and tell them that I want a Tomlin Order drawn up and signed by both them and i before I will agree to signing the forms they have sent?

[Amethyst]

Re: HFC issued court proceedings

Am out for the day today - possible ask Cet to give you a hand with the Tomlin/Consent order.
Basically it tells the court what you are agreeing between the parties, then if one changes anything it goes back to court pretty much where it left off and costs of breach come into it etc.

so basically

1: Claimant agrees to discontinue claim, not charge any further interest/charges, accept £150 repayment per month to be reviewed 6 monthly, accept voluntary charge on house which stands unless defendant breaches (ie stops paying)
2efendant agrees to accept voluntary charge (subject to first chargee etc) and pay at £150 month till debt paid off reviewable 6 monthly.
prob somehting about all claims arising from this loan dealt with etc.

[Tools]

Re: HFC issued court proceedings

Its not the court fees i'm concerned about, but the court costs that restons could hit me with if this doesn't go small claims, but as i have admitted to the majority of the debt, the balance being contested is now under £5,000, so does that mean it will go small claims?

Sorry to be really think, but what do i do next? How do i get a Tomlin/Consent order done? Should i contact Restons and tell them that I want a Tomlin Order drawn up and signed by both them and i before I will agree to signing the forms they have sent?

Fair comment with the costs issue.

As for Tomlin/Consent Order that MUST contain their agreement to suspend all further charges and interest as well as agreeing to remove the collection charge already applied. Until they have agreed to that then do not sign ANY of those forms.

See what the Court says on Tuesday, personally I would also try ringing them on Monday too. Keep in your mind not to trust anything that Restons say, or the court clerks for that matter. Get everything in writing and then believe it.

[fuzzybrain]

Re: HFC issued court proceedings

Thanks Tools for the advice Much appreciated

So how's this for a plan of action:

Ring Court on Tuesday and see if Judge has made an order (judge isn't in till Tues, so can't do anything till then on that side.

Write to restons and inform them that i will only sign the forms if they draw up a Tomlin Order stating that all costs and interest will be frozen and the collection charge removed subject to me signing the voluntary charge order forms

If restons disagree to a Tomlin Order, contiue with court.

Does that sound ok???

[Tools]

Re: HFC issued court proceedings

Yes that sounds ok. BUT, make sure you copy the wording of the Tomlin order here before you agree or sign anything with them.