HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

Thanks Tools, i was just trying to have control over things, but i think its backfired on me - serves me right really!!

I must admit I am feelign completely overwhelmed as i have DCA's coming out of my ears !!! All of a sudden a lot of my creditors have passed accounts onto to DCA's and my head is spinning, plus i have just been diagnosed with a medical condition that requires surgery and i'm trying to get my head round that too, so i'm not in a very positive place at the moment, so forgive me if I'm not picking up on things as i should.


Ok the decision I think i have to take (no choice really coz hubby won't sign the papers!) is to continue down the court route and forget the voluntary CO.

How do i get myself out of the mess i have created? What do i do next? Help pleaseeeeeeeee

[Tools]

Re: HFC issued court proceedings

Let us have a think on it and get back to you in the next couple of days, meanwhile there is still plenty of time until the hearing so nothing urgent. If Restons/HFC contact you about this, then tell them you are still discussing it with hubby, taking advice and will get back to them shortly.

[shas]

Re: HFC issued court proceedings

I hope Im not butting in here but I too have a charging order on my house from these people.

I was advised to never give a voluntary charge on my property .... I think there are all sorts of potential pitfalls if you do (Im not sure what they are as there was no way I would of done it voluntarily anyway), so I let it run its course & of course, they were granted one eventually.

Good luck with it

[fuzzybrain]

Re: HFC issued court proceedings

I'm really sorry to be asking for so much help. Thank you so much for helping me, i really appreciate it.

[fuzzybrain]

Re: HFC issued court proceedings

Sorry to be a pushy pain in the backside but does anyone have any ideas on how i should respond???

[fuzzybrain]

Re: HFC issued court proceedings

Hubby has now changed his mind and will agree to sign the forms (I think the possibility of being hit for costs and possible interest added might have helped him change his mind!!)

Have drafted a response to Restons - any thoughts?? When should I send the forms back to them???

I thank you for your letter dated ******, the contents of which I note.I have studied the documents you enclosed and upon taking further advice I am willing to complete and return these to you on the conditions set out below.

I now require you to draft a Tomlin Order for agreement that confirm

·The collection charge of £3550.09 will be removed from the outstanding balance

· No further interest or charges will be applied to the account.

· A consent/Tomlin Order will be sent to the court in respect of claim number XXXXXXXXXXXXX and a Charging Order be placed on my property, XXXXXXXXXXXXXXX

·Repayments to the account are agreed at a rate of £150 per month

· Should the defendant default in the agreed instalments then the claimant would be entitled to apply to the court for judgement in default of the consent order.

Once I receive this and it has been submitted to court I will return the completed forms and continue my repayments.

I trust that this meets to your satisfaction and will be implemented without delay.

[Amethyst]

Re: HFC issued court proceedings

Yes that sounds fine. Keep hold of the forms until they respond to that. I would be tempted to put the total balance (plus costs of the charge order) on the letter too so its all clear.

And yes I think you are doing the right thing now and am glad OH has changed his mind.

[fuzzybrain]

Re: HFC issued court proceedings

They haven't actually mentioned what the cot of the charging order is. However onhe CO forms, however this is now incorrect as I have made 2 payments since then. Do i change the amount on the form or just put the correct amount in the letter??

[fuzzybrain]

Re: HFC issued court proceedings

I've had another thought - and yes it hurt!!

Shoudl i ask them to re issue the CO forms with the corect amount on as there has been 2 payments made since then??

[Amethyst]

Re: HFC issued court proceedings

Its standard to have COs at the original claim amount as the amount they take at end is reduced by amount paid over term as most are paid off in installment at least partially while CO is attached.

[fuzzybrain]

Re: HFC issued court proceedings

So should i stick in a sentance about wanting updated balance and a yearly statements (that way i will have evidence of the balance reducing as paym,ents are made??)

[Amethyst]

Re: HFC issued court proceedings

Yep but that wouldnt be part of the tomlin. they are meant to do that anyway.

[fuzzybrain]

Re: HFC issued court proceedings

I sent the letter to restons but i have heard nothing back as of yet.

I'm due to go into hospital in a couple of weeks for surgery, so I guess i need to think about the hearing on the 3rd november as i would prefer to get everything sorted in advance, just in case i'm not that great after the surgery.
What do i need to get ready for this.

I sent in the AQ and an ammended defence statign that i agreed to the debt, apart from the collection charge and the payments that had been made on the account which Restons had not taken into accout, even tho they were made before proceedings commenced.

I have had my SAR through from HFC, and athough there is a fair amount missing (there are no letters regarding them commencing court action and nothing about the collection charge being added by them) it does have all the payments listed.

What do i need to get ready - is it just an argument against the collection charge and proof of the payments that i have made?

[fuzzybrain]

Re: HFC issued court proceedings

Does any one have any advice please???

[Amethyst]

Re: HFC issued court proceedings

The hfc SAR stuff won't have the court action stuff in as that will be after it passed to Restons.

basically the hearing is for the claim isn't it so not the charging order just the original claim, so if you look back towards the beginning of the thread theres the intial defences and witness statements which you need to use.

You basically want to get a witness statement in to the court 2 weeks before the hearing.

have you actually entered a proper defence in to court now (sorry lost track a bit) or are you still on the 'non supplied information' defence ? If so then we need to put in a proper defence/admission/counterclaim.

have you worked out the charges applied to the account ?