Help needed please

[albert.adderley]

hi i will briefly outline my problems i took out a loan in 1998 which i was paying till an acident stopped me working for a while the loan was with HFC bank. i then paid as much as i could afford. HFC then sold my account to TBI Financial Services in November 2001 they also accepted what i could afford until 2011 when i informed them i was suffering from mental health problems. in there reply to my letter they said they were now going for a charging order. which they got in 2012. i had been given the wrong advice and told i had nothing to worry about and was totally unprepared to defend my self.
to cut a long story short TBI after not taking interest for 10 years now are adding 15% apr which they say is contractual interest.i appealed to the court and it was looked at again in January this year the judge let the charging order stand but pulled up TBI representative up in court about the interest they are charging and adjourned the case till march when he wanted TBI to provide him with the details and reasons they thought they could charge the interest at all.
i have to put in a witness statement to the court but would like some pointers of what to put or where to look please
Albert :tongue2:

[PAWS]

Re: Help needed please

Hello Albert
I will give this a bump :bump2:for you and I am sure someone will come along to help soon.

[Amethyst]

Re: Help needed please

To add 15% per annum it would need to have been in the original terms of the loan. As far as I am aware HFC loans did not allow for contractual interest post judgment - do you have copies of the terms at all ?

When TBI bought the loan was it already defaulted or still active ?

Well done getting this back into court The latest order from the court does it give any sanction as to what TBI need to provide (specifically) documents / statement of truth etc ? and does it give any sanction if they fail ?

Also does their evidence need to be in before yours does ?

[Amethyst]

Re: Help needed please

Also albert - on the original Judgment before the charging order was given - what date/year was that, had they claimed a collection charge ? and who were the solicitors ?

[albert.adderley]

Re: Help needed please

hi another point i need in the terms and conditions there is this statement can you please explain it
This agreement shall not be secured by any charge on land which has been or may be granted by you or any other personreement shall not be secured by any charge on land which has been or may be granted by you or any other person
it was an unsecured loan i will answer the other questions asap as i am away from home at the moment

[albert.adderley]

Re: Help needed please

Hi Amethyst
1. I will answer you questions as best I can
The terms and conditions are hard to read but TBI say they can charge up to 24% interest by the terms and conditions.

2. Yes the loan was already in default when they purchased this

3. They have to provide copies of the original loan agreement and justify the amount of interest they are charging it has no sanctions on it for if they do not apply.

4. Yes there evidence has to be in before mine in fact just got it yesterday.

5. 3 march 2012 was the date of the judgment in reading crown court who would not give the charging order so TBI got a redetermination in my local court.

6. Not sure about collection charge

7. they have 2 solicitors in house is David Jones solicitors and outside Ascot solicitors who do the work as well

[albert.adderley]

Re: Help needed please

they only pursued the charging order when i told them i had mental health problems the day after they got my letter they replied and said that although they were sorry for my condition they would now pursue a charging order.
they had owned this debt for 10 years with no interest accepting what ever i could pay the debit was coming down nicely but with all there charges adding on its now higher than the original loan.

[Amethyst]

Re: Help needed please

Hi Albert, I'm just posting a nudge for myself to come back in the morning and have a look xx

The 24% will be the original interest rate on the loan I guess - if you have a copy there is there ay chance you can email me a copy - photo/scan etc ? admin@legalbeagles.info

[MENTION=6]Amethyst[/MENTION]