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Hi
This is my first post and I'm writing because I don't know where else to go. I can't afford legal advice and the CAB cannot help. If anyone here can offer a solution in sorting this mess i would be so thankful. I apologise in advance for the length of this message.
where to start?
In 1999 I bought something on the never, never using HFC store finance. It cost £1,000 plus £300 for a 5 year warranty. I was given 7 days to cancel the warranty which i did in writing to the HFC and in person at the store.
I paid the £1000. Just before my last payment. HFC wrote inviting me into the bank to see if i wanted a loan. I refused their kind offer and that was it. I had no further contact with them However in 2005 i received a letter from a company called TBI who said that they had bought a debt of HFC and i owed £1,300 and they were taking me to court. (At this time i had just been diagnosed with a serious illness). However, because i knew i had paid the bill i went to court to defend myself. Somehow i lost. every time I tried to speak up for myself the magistrate would just tell me to be quiet so i could not put my case forward. The Company also applied for a charging order against my property in both my husbands and my name. Again I went to court but somehow i lost this also. I had applied to HFC for my SAR so i could prove that i had paid the bill but for some reason they would not provid me with it. We both weren't working at the time. I had just been pensioned off on early retirement due to ill health and my husband had to give up his job to take care of me so we had gone from very good professional incomes to practically nothing in benefits. we did seek the advice from CAB but they told us not to worry. they will only ask for the money if we sold our house. We should have paid more attention but it was a really bad time for us what with hospital appointments etc etc.
I was fuming because i knew i had paid the bill so I issue court proceedings against HFC for my data protection information, my aim was to prove to the court that i had paid the bill and therefore get the judgment removed. without a judgment there is no charging order. HFC applied and got a STAY in proceedings which they were awarded but done nothing with it despite my writing to them on many occasions. after 2 years i wrote to the court asking them to lift the stay and to make a award in my favor however the court lifted they stay but started lengthy proceedings, a allocation questioner, which they then lost so dismissed my case. I wrote showing postal prove of sending them the AQ because i had sent everything recorded. The court reopened my case and requested i go to mediation which turned out to be unsuitable. over a 5 year period whilst the case was in the court arena the charging order had increased from £1,300 to £9,000. which includes interest and costs.
At the final hearing HFC could still not provide my data information and their solicitor handed the judge a sworn affidavit stating they no longer had it. that was it. The judge said they could not give me what they no longer had. case demised. He was shocked over the costs that had been added to the charging order and informed me that I needed to seek legal advice to try and get them removed. No chargers were awarded because they Judge felt HFC could have told me sooner. THE END of my case.
I did have the CAB present with me in court but because she had little or no training in The Data Protection Act she was unable to assist. She did however write to the FOB but today we have received a letter from them informing us that they are unable to help because the debt dose not come under the ACT.
I am now drained and at a loss of what to do. I always thought a company had to produce a persons data info within a set time and if they could not they have to tell you. it has took 5 years for them to finally admit they do not have it so i cannot understand how i lost in court. I don't even know if due to their time wasting I no longer have a case with TBI. they are threatening to seek a order for the sale of my house, do i let them go ahead? at the rate of interest and chargers we will have very little equity left in our home.
Due to the strain of my illness and court proceeding my husband and i have now separated, we still both share our home because neither of us can afford to move out. but we have separate finance arrangements. My husband is now back in work, i am disabled so will never be able to work. I can't afford legal advice, i cannot get legal aid due to my husband living in the same house as me, CAB have now said there is nothing else they can do to help and i canot afford to pay the charging order. What little i could pay would not even cover the interest so its going up each month. I just don't know what would be the best course of action to take next.
like I said in the beginning, i would be grateful of any suggestings.
thanks for reading
Oaktree
This is my first post and I'm writing because I don't know where else to go. I can't afford legal advice and the CAB cannot help. If anyone here can offer a solution in sorting this mess i would be so thankful. I apologise in advance for the length of this message.
where to start?
In 1999 I bought something on the never, never using HFC store finance. It cost £1,000 plus £300 for a 5 year warranty. I was given 7 days to cancel the warranty which i did in writing to the HFC and in person at the store.
I paid the £1000. Just before my last payment. HFC wrote inviting me into the bank to see if i wanted a loan. I refused their kind offer and that was it. I had no further contact with them However in 2005 i received a letter from a company called TBI who said that they had bought a debt of HFC and i owed £1,300 and they were taking me to court. (At this time i had just been diagnosed with a serious illness). However, because i knew i had paid the bill i went to court to defend myself. Somehow i lost. every time I tried to speak up for myself the magistrate would just tell me to be quiet so i could not put my case forward. The Company also applied for a charging order against my property in both my husbands and my name. Again I went to court but somehow i lost this also. I had applied to HFC for my SAR so i could prove that i had paid the bill but for some reason they would not provid me with it. We both weren't working at the time. I had just been pensioned off on early retirement due to ill health and my husband had to give up his job to take care of me so we had gone from very good professional incomes to practically nothing in benefits. we did seek the advice from CAB but they told us not to worry. they will only ask for the money if we sold our house. We should have paid more attention but it was a really bad time for us what with hospital appointments etc etc.
I was fuming because i knew i had paid the bill so I issue court proceedings against HFC for my data protection information, my aim was to prove to the court that i had paid the bill and therefore get the judgment removed. without a judgment there is no charging order. HFC applied and got a STAY in proceedings which they were awarded but done nothing with it despite my writing to them on many occasions. after 2 years i wrote to the court asking them to lift the stay and to make a award in my favor however the court lifted they stay but started lengthy proceedings, a allocation questioner, which they then lost so dismissed my case. I wrote showing postal prove of sending them the AQ because i had sent everything recorded. The court reopened my case and requested i go to mediation which turned out to be unsuitable. over a 5 year period whilst the case was in the court arena the charging order had increased from £1,300 to £9,000. which includes interest and costs.
At the final hearing HFC could still not provide my data information and their solicitor handed the judge a sworn affidavit stating they no longer had it. that was it. The judge said they could not give me what they no longer had. case demised. He was shocked over the costs that had been added to the charging order and informed me that I needed to seek legal advice to try and get them removed. No chargers were awarded because they Judge felt HFC could have told me sooner. THE END of my case.
I did have the CAB present with me in court but because she had little or no training in The Data Protection Act she was unable to assist. She did however write to the FOB but today we have received a letter from them informing us that they are unable to help because the debt dose not come under the ACT.
I am now drained and at a loss of what to do. I always thought a company had to produce a persons data info within a set time and if they could not they have to tell you. it has took 5 years for them to finally admit they do not have it so i cannot understand how i lost in court. I don't even know if due to their time wasting I no longer have a case with TBI. they are threatening to seek a order for the sale of my house, do i let them go ahead? at the rate of interest and chargers we will have very little equity left in our home.
Due to the strain of my illness and court proceeding my husband and i have now separated, we still both share our home because neither of us can afford to move out. but we have separate finance arrangements. My husband is now back in work, i am disabled so will never be able to work. I can't afford legal advice, i cannot get legal aid due to my husband living in the same house as me, CAB have now said there is nothing else they can do to help and i canot afford to pay the charging order. What little i could pay would not even cover the interest so its going up each month. I just don't know what would be the best course of action to take next.
like I said in the beginning, i would be grateful of any suggestings.
thanks for reading
Oaktree
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