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Restons chasing CCJ debt despite tainted collection charges overturned by FCA

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  • Restons chasing CCJ debt despite tainted collection charges overturned by FCA

    1. Restons solicitors obtained a CCJ against me in 2007 when I defaulted on a £25,000 HFC loan, (default balance £23,844.83). The amount submitted to court was inflated with a collection charge of £4,976.92. A one-time lump sum interest charge of £6,010,75 was also added to the default balance without details - Total adjusted debt £34,832.50! Both these charges were never recorded in HFC or HSBC loan books. I could tell from the HFC/HSBC loan statements I have received from 2008 to 2023.
    2. The collection charge of £4,976.92 was subsequently overturned by the Financial Conduct Authority (FCA) in 2009/2010. Restons secretly reversed the collection charge by book entry without my knowledge. I only became aware of the overturn recently in an on-line forum and when Restons and HSBC each sent statements with astonishingly different loan balances.
    3. Restons are chasing me for the outstanding balance of £5,196.39 which in reality is interest that they added and has never been substantiated or appeared on any HFC/HSBC loan statements that I have received.
    4. The CCJ has never been recorded on my credit file or enforced for 18 years. I did not put up a defence when the CCJ was issued in 2007 because I was very confused and overwhelmed with multiple debts.
    5. I would like to challenge the validity of this whole thing using form N244 on the basis that Restons misled the court when they submitted an inflated loan amount and added interest without disclosing how it was calculated. I requested once. The response was they also do not have the calculations.
    6. Or should I just ignore demand letters from Restons hoping that Restons will have difficulty obtaining court approval to enforce the CCJ which has been dormant for eighteen (18) years.
    7. I cancelled the standing order which I was paying through StepChange in November 2024.

    Help will be appreciated.
    Attached Files
    Last edited by queen24053; 15th May 2025, 10:22:AM.
    Tags: None

  • #2
    5. I would like to challenge the validity of this whole thing using form N244 on the basis that Restons misled the court when they submitted an inflated loan amount and added interest without disclosing how it was calculated. I requested once. The response was they also do not have the calculations.

    I would let Restons take you to Court, if they are minded to. If they did, you have a good Defence, they made up the amount owed etc. I think Restons would be silly, it would be embarrassing for them.

    6. Or should I just ignore demand letters from Restons hoping that Restons will have difficulty obtaining court approval to enforce the CCJ which has been dormant for eighteen (18) years.

    They would find it difficult, they would need a very good reason. You would Defend any attempt on the grounds of the way they've dealt with the account and the time it's taken.

    7. I cancelled the standing order which I was paying through StepChange in November 2024.

    Good.

    I'd make formal complaints with Restons and HSBC, regarding the data held on your account was incorrect (i.e. they made it up), so they've breached the data protection act.
    Once they've responded, if you are not happy with their response, lodge a complaint with the ICO.

    Comment


    • #3

      I'd make formal complaints with Restons and HSBC, regarding the data held on your account was incorrect (i.e. they made it up), so they've breached the data protection act.
      Once they've responded, if you are not happy with their response, lodge a complaint with the ICO. [/B]
      Oh, thank you ECHAT11 for calming me down. I was so stressed and was contemplating giving up, although something kept telling me that something wasn’t just right. I am also grateful for finding Legal Beagles forum. I have learnt so much just reading threads on this site. That is what brought me to this.

      I will take your advice and start a complaint process against Restons and HSBC which I will escalate to the ICO if necessary.
      I will update this thread with the outcome so that others can learn from my experience like I have learnt from others’.

      Comment

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