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He was making regular payments and yet they still want a charging order. The amount is around 5000 but when PPI (which is being refunded after going to fos), penalty charges and W own made up charges for whatever they do, are taken off we will offer 3500.
The claim form currentlys around 6200.00
Before friday turns up i am trying to arrange a settlement with them over 4 payments of an amount that OH feels is affordable and fair to avoid wasting court time and also the stress of it all.
So i was wondering if Weightmans would be liikely to accept this and if others had any experience of doing this.
OH spoke to W over the phone and they said they would send details but nothing has appeared yet so i am going to send them a letter with the offer of Full and final. If they decline then i can show the court how unreasonable they are being.
Sorry the above didnt really make much sense but in my offer of settlement i have taken off from the outstanding debt,
PPI plus interest
W made up charges
Penalty charges on the account
and a little extra for all the faffing about (and also it is the max amount he can pay in 4 installments)
Hello brightside
Be very careful with W. I have had probelms with them as have others on here. Do not trust them. Do not speak with them on the telephone, they will deny arrangements agreed.
They asked for charge on my house too, denied receiving recorded delivery letters even to Royal Mail, even though they were confirmed as delivered.. They moved dealines to suit them selves. The key could be if the original agreement is enforceable, and a deafult, if issued, has been properly issued in respect of amounts and time. They tried to add over ŁK2 to my debt, and backed off when queried.
Hopefully others on here with legal knowledge will be able to help you. W. refused to accept payments, even after contacted on my behalf by CAB
There has still been no sign of their 'offer of Full and final'!!!
So i have written on to them (W) and HFC and sent one to the court so they can see that we are trying to come to some arrangement.
I wouldnt be surprised if they dont agree to the settlement so i am trying to prepare for what may be ahead.
Did you end up going to a hearing Tedney or did they back off before hand?
Hello brightside
Regrettably they did not back off with me. If you admit to any of the debt, they will will probably go for the charging order. I think the best way forward is to try and "Prove" that technically they cannot chase you through the courts for the debt. Such as no proper agreement, debt is in dispute etc. Hopefully you sent the documents by at least recorded mail? Hopefully they will not deny receipt!
Have you sent an SAR to the creditor? Does the claim have all the relevant information, or are you assuming the amounts? If the sums are not as you think, for instance significantly added charges etc. I think you could try and ask for a further(?) stay, and ask them to provide strict proof of all sums etc. If PPI charges were included in the claim, and these were agreed to be refunded, then claim would not be correct? I am no expert, but have had experience with W and HFC as I mentioned before. Hopefully ukaviator or someone with more legal knowledge will be able to help you further.
Weightmans have agreed to the 3500 in 4 monthly installments of Full and final settlement.
Intitially when court forms were issued a over a year ago we provided a defence which included that PPI was being looked at by fos
that we did not agree with the account charges or Weightmans charges
and default issued incorrectly.
The case was put on hold by the judge until after the big charges court case. This was on hold for a year and circumstances changed which enabled OH in a position to offer full and final settlement.
After the FOS input re PPI HFC agreed to refund PPI
so all in all things so far have turned out ok.
The debt is being repayed but not at their made up sums. No CCJ and no charging order.
It definately is worth fighting these people and i am glad Weightmans have not had such an easy time of it with us.
Good luck to anyone who is going through the same/similar situation
Problems HFC/weightymen
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