• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Legality Question

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Legality Question

    Greetings all

    I have a question about they way a company (Hitachi) set up a direct debit payment with my employer.
    They used a third party solicitors to do this (ADDLESTONE KEANE)

    Bit of background so you have the full picture.

    At the time of getting finance through Hitachi my credit rating was average, the finance with Hitachi was one of those get now pay in 12 months deals (June - 2014), in the year pervious to the date I applied and got the finance I had had 14 payday loans (June 2013 - June 2014) (sometimes twice a month) for amounts of £100 - £900 usually at the higher end. At the time I only missed one or two payments on the payday loans but I would certainly say I was stuck in a cycle of debt. (I have been having payday loans from 2009 - 2015, 60+ in total)
    *I am currently apply for charges and refunds back from payday loan companies under the guidance of debt camel*

    fast forward 12 months (June 2015) and the direct debits started to be taken out of my account as agreed, however by this time I was in even more financial difficulties and again using payday loans to keep afloat. It wasn't that I didn't earn much I am in the army and earn quite a decent wage but because of getting into so much debt most of my wages were being eaten up in interest and charges.

    eventually I could no longer afford to pay all my direct debits (which include Hitachi, as well as car insurance, child maintenance, food, etc.) and just completely berried my head in the sand and stopped paying everything (August 2015), I know this was a stupid thing to do and cause more severe problems but I just wasn't thinking clearly and had enough off it all.

    after a while I started receiving letter from all my creditors demanding payment and again ignored them all (full discloser even though I'm massively embarrassed about how I handled the situation)

    Finally I decided I need to do something about it and got in touch with a debt management firm (step change I think) explained the situation and asked for help (Sept 2015), I also contacted all my creditors and told them I was in financial hardship and was talking to a debt management company.

    The debt management company due to my income told me I couldn't go on a debt management plan as my repayments seemed affordable and the best course of action would be to phone all my creditors and arrange smaller repayments (at this point I had 10 different payday loan companies) so again I just berried my head in the sand and hoped it would all go away.

    I did however get back in touch with ADDLESTONE KEANE in March 2016 and asked if we could sort the matter out and arrange repayments. I admitted responsibility and offered to pay £50 a month.

    During this time I was very busy in the army and moving camps and this caused me to *forget* (put at the back of my mind) repaying them. later on a received a CCJ from them and after looking back at my email realized the had accepted my offer but I didn't follow it up ( I know I don't help myself! )

    so after receiving the CCJ ADDLESTONE KEANE got in touch with my chain of command and set up direct debits with them for £200 a month which my chain of command agreed to.



    So if your still with at this point thank you very much!

    my questions are, does this all seem above board?
    Should of have received the loan in the first place?

    this is just an enquiry but just doesn't feel right to be, but as you can clearly tell I am no financial expert!

    Just so you are all aware I do now have my finances under control and are making good strides towards being debt free (maybe in 1-2 years!) so I have most certainly learned (although slowly lol) from my mistakes.

    any and all advice would be much appreciated

    Mark
    Tags: None

  • #2
    Re: Legality Question

    So you have a CCJ for this debt? Are you sure the creditor didn't go to court for an attachment of earnings order after getting the CCJ?

    Should you have been given this loan - probably not but at this point, after the CCJ, there is no way you can challenge this. The Financial Ombudsman won't look at cases which have already been to court. You admitted the debt and offered a repayment - it is pretty unlikely that you have grounds for having the CCJ set aside.

    Hopefully if you get some payday loan refunds you can use those to clear this and other debts!

    Comment

    View our Terms and Conditions

    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
    Working...
    X