Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My story is, I had a loan, probably 15 years or more ago. I got into trouble paying it, and it ended up as an attachment of earnings which I am still paying. The amount is a large one, larger than the original loan I think. I'm not sure if I was sold PPI as well. I don't have many details of the loan at present, and I am trying to find the court details etc, and info through work as to who is being paid, but can anyone tell me if they think I can do anything about this now very old debt, as it's already been passed as a judgement a long time ago, but I'm sure I've been paying it 6 to 8 years already every month.
I may be able to find the original piece of paper, I have visions of it somewhere, and I do have the court judgement somewhere.
Just want to be pointed in the right direction or told to give up on this one?
I've got an outstanding (LARGE) claim with Lloyds on the forum, and I'm just thinking of tackling Capital One for old money.
This is the only debt i have outstanding, and I think it's wrong that it's more than the original loan by quite a lot, and that it's so long now.
Can anyone tell me if I should send SAR, or CCA, and if CCA, what is that and where can I find it on site, been looking since yesterday! Sorry, can do SAR, been through that before, but wasn't sure on cca.
Did you challenge the original judgment ? The SAR you need to send for the attention of the Data Compliance Manager at HFC head office....do you still have any paperwork at all. As they already have judgment then a CCA request is likely to be a waste of time as they have judgment already....I think sending a SAR first might be a good idea....but this could be a tough one without any paperwork...
PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU
I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU
IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
Before you decide,consider the users here who have already offered help and support.
Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.
If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
Hi 42man, just read the link, does the below mean if my loan is older than 2005 (it is), I would have trouble?
......
HFC has been regulated by the FSA since 1 December 2001 , but in relation to its insurance mediation activities, only since 14 January 2005 . It is an authorised person under the Financial Services and Markets Act with permissions to carry out a range of regulated activities.
.... I can send an SAR anyway, no harm done I guess (although I don't know if I need to tread carefully with this as they still take pennies from my wages. . .)
I didn't challenge the original judgement, young and stupid.
I will spend the weekend looking for paperwork first I think. I know I have the court judgement somewhere, and I have visions of a green piece of paper which may be the agreement. . wish me luck!
42man if you are out there, I just realised you asked me a question months ago and I didn't answer properly. I never challenged the original judgement. Can I do something about that now?
I have the paperwork, will post a bit more detail in a short while. .
Many thanks to anyone for help,
It seems I may have had 2 accounts with HFC, one was a personal loan plus, taken out in September 1998, and did have 'IC protection premium' on it. (I have the agreement for this). This wasn't a large amount, and was run like a bank account, where you paid your wages in and they took direct debits for the loan amount each month. I'm not sure that this one is in dispute, I may have finished paying it, or it may have been lumped in with a further loan. However, it looks like it had PPI on it.
The second loan I only have 2 details for, the account number, and a letter from a solicitors back in 2005 asking me to up my payments voluntarily on the attachment of earnings. They never wrote again and I am still paying an amount every month on my wages at work. I think I do have the judgement for this one, and it's a very large amount, I'm sure more than 3000 more than the original loan as well, on judgement.
My query on these is that if I now chase for refund of ppi, or the original judgement, could it backfire on me and I end up paying more each month etc? Or is it worth arguing it. I think they treated me apallingly at that time, and the fact that I am still paying must mean I have paid a large amount already.
I never appealed the original judgement, I hadn't found this website then or knew there was help out here, and was too scared and young and on my own at that time.
a sort of fire-fighting role here. Hate HFC & their past compulsory PPI ethos
Posts
24,984
Re: Fzrkitten sort of VS HFC Bank
pers i'd go for the PPI refund
you'll get a heep back.
you also stand to get the rolled over ppi TOO when it was refinanced, cause you would of been charged it twice and interest on it twice!
i'm interested in the 'bank account' agreement you have.
can you scan it and post it up ?
removing pers info ofcourse.
HFC have refused me details past 6yrs twice now saying it has been destroyed, but you seem to have got yours?
dx
GETTING THREAT_O_TEXTS OR SPOOF BAILIFF CALL FROM M T COLLECT read here
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Thanks for that, I may need help when it comes to it. I haven't got the past 6 years details, but do actually have some original documents, god knows how, but I found them and it started me wondering. I'm more concerned that I feel they've had enough out of me through my wages now, want to contend that if I can (the original judgement).
The account was called a personal loan plus account, which had a cheque book. I noticed last night it was ran disgustingly,they took a 72.99 direct debit each month, then charged me 52.38 interest a month on the loan, then gave a 'discount' of 6.53 per month, before taking 13.31 a month in Protection premium. I think that meant that i ended up getting the loan down by around £5 a month on the payment they took!
Will get it scanned over next day or 2, I'm not at work today, in forced detox by norovirus! not good.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
sorry still struggling getting a scan, our pc has packed up at home.
I've had a letter from hfc, saying they will give SAR details if I send a copy of my driving licence/passport etc, I take it this is usual delaying tactics and what should/shouldn't I send?
Is there any possibility of me contesting the original judgement? I have the details, and the date the attachment was made (03!), and I'm still paying it, and I'm sure it was for a lot more than the original loan.
Can I just write to the court and query it? Is it worth a try?
Seems wrong, that's all.
It's not like I haven't paid it, that's 7 years they've been taking money off me each month. . .
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Hi Dx, sorry for delay, I have had a bereavement (mum), and things went by the wayside a bit.
I did SAR HFC, they wrote back with the letter asking for driving licence details etc, can't remember what I'm supposed to do there, not send my signature etc? (I found a post that said it but lost it again).
I will scan the documents I have and post them or pm you dx, give me a little longer, but I am getting my head round stuff again now.
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Spent all day trying to get photobucket to load at work, bought files home, won't upload now saying invalid file, one is a tif and one is a jpg. It might be easier to pm you or someone with the info.