HFC / Restons Claims £6k against me :( Won (in a way)

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

nope no hearing was needed the judge made all his own decisions off the back of the paperwork

I think when a CCJ is inevitable like this and there no charges involved the best we can ask for is to keep paying the amount we can afford, as we are doing anyway. bugs me that they have won their costs though when the arrangement was in place before they defaulted the account. turnips.

Good luck keep me posted.

I'll let you know what happens with the charging order......

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

Small update (big to me tho LOL )

Received notificatiion from the Land Registry that Restons have applied for the charging order on the house.

One question - as I am paying them monthly - if I pay for the full five years without moving is the charging order then removed once the accounts clear ?

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

however in the paperwork from the land regsitry it says;
Quote:
Originally Posted by land registry
There are very few circumstances in which someone would be able to successfully object to such an application.

For instance an objection on the following basis would not prevent completion of the application
-that you are already negotiating with the applicant as to how to pay off the money due or are paying in installments. The court order is stilll valid.

As far as I am aware they can only ACT on the charging order (ie force sale) if I default on a payment.

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

The judge ordered a charging order (well gave permission for the creditor to seek one) and I am paying installments as ordered by the court under a CCJ. So with this i mind, and the paragraph in the land resgistry docs I dont think fighting it is an option.

I'm not too worried about it being there, just want to know what happens to the value of it as I continue paying the debt monthly ?

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

ughhhh

Hearing date to decide on charging order on 7th Feb.

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

thanks gaou...I have sent in a witness statement agreeing to the order and specifying it not be enforced unless i stop paying the CCJ agreed amount.

so fingers crossed it will be as simple.


bet you feel loads better now its sorted

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

sorry this will be a short reply for the moment, I'll have another look a bit later on.

para 2 doesn't mean interest in an APR sense, more in a 'the bank have a interest in your house' way.

re the account standing - have you asked restons for a statement - I know they arent very good at giving out information but you are quite entitled to do a Data Protection Act S.A.R - (Subject Access Request) on them if you so wish.

I will be doing as soon as my court hearing is over.

Thankyou for the bit about asking the interest is frozen...I will certainly add that to my list. And thanks for your best wishes too. Deep down I know its a formality, doesn't stop me worrying myself silly about it tho.

Thats a very big jump from £6k loan to a £15k charging order !

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

In court at 10.30am....keep your fingers crossed for me

Let you know how it goes later...

[Amethyst]

Re: HFC / Restons Claims £6k against me Won (in a way)

Well it went quite well...weirdly i actually quite enjoyed it.lol.

Upshot is that we have a first order judgement for the debt and costs (6136.61 including 213 costs of application) and final charge on the house.

And a second order for the installments (the judge said to cover your back which is nice) of the same £66.30 a month.

We met up with the agents from HFC first who explained it all to us before going in, and told us the November payment wasnt made (which is was) and I feel like an plonker for not getting proof from CCCS. He also explained that they would not be going for a possession order.

The judge also mentioned that we had had the debt reduced by defending and we were to be commended for sorting outselves out. How it was obvious we had had a hard time of it and wished us luck.

So final charge on house of £6136.61 from inital loan of £6000 and claim against us from HFC £7068 plus £410 costs. Interest is frozen and the debt will reduce as we pay monthly installments. If we are in a position to pay off a lump sum the charging order will be removed.

So I'm happy and feel I can get on with sorting out all the other stuff now.

Big thanks to Ashley

[Amethyst]

Just bumping after the latest news that HFC/HSBC will now be refunding these charges to people. I don't believe the recompense will be anything like what was actually lost because of these charges being wrongly added to debts.

Anyway... https://www.fca.org.uk/news/press-re...tion-practices