old Barclaycard debt - HFO Services & a charging order

[inacorner]

Hi follks I'm new one the site and need some urgent help. I arranged a debt management plan myself and it is being accepted by all but Hfo. Debts arise from a seperation a few years back and I know I've made mistakes (the separation was very stressful )but Hfo took out a charging order in 2006 - I have constantantly tried to make offer of payment providing financial statements but they (turnbull rutherford solicitors) wont listen. I discovered that they continue to charge interest at 12% and this has almost added 50% to the original debt.

 

I had all sorts of problems at the time of the order being made hfo denying receipt of paperwork not being passed on to the courts etc etc

 

They are now threatening further enforcement deductions from earnings - bailiffs and I'm at my wits end with worry. I did originally have an agreement with Barclaycard in place but they wont consider this either

 

Is there anything I can do to stop this either the excessive interest, the original order

 

Thanks for any help no matter how small

[HFwho?]

Hi there, first things first is don't worry mate. We have all been there and this is by far the best place for you.

 

I might not be able to help fully but my thread on these might? I know how they are on the phone first hand. First thing is log everytime they call and if its excessive then it's harressment on their part. Always deal with them in writing.

 

Good luck with this and i'm sure more help will be along soon!

[inacorner]

thanks for the supporting words - I hope the help is out there

[inacorner]

Anyone please??

 

Some other information, the charging order was placed as hfo stated that I'd never replied to the orignal claim on the debt, I did copying both to court and hfo. On the back of that judgment and that I obviously wasn't in a position to pay the £7k immediately they sought the charging order which was granted in January 2007.

 

I've never requested the original credit agreement or anything but now the order is in place is it too late to go down that route.

 

Interest is being added at a rate of 12% about £2.00 per day and that alone per month is about as much as I pay all my other creditors

 

What can I do even to just have the interest frozen

[harrassed senior]

Assuming that HFO obtained a CCJ prior to the Charging Order then unfortunately there is no way that you can now choose the CCA route, however, if you can prove that you did not receive the original paperwork for the CCJ it 'might' be possible for you to apply to have the CCJ set aside. This is possible in theory, but because so much time has gone by it may well not be easy.

 

Assuming that the original CCJ order repayments have you been keeping up those payments, because if you have then the Charging Order should not have happened.

 

It would depend if the original agreement had a clause for interest to continue to be added after a Judgement.

 

Hopefully, if this is not the correct advice others will be along to help.

[inacorner]

There was never a repayment order set in a ccj it was just set for the immediate repayment of the total outstanding, the courts and hfo deny ever having received my defence. I had a previous agreed arrangement wtih Barclaycard and kept up these payments with hfo services. In respect of the charging order my offer of repayment was struck out.

 

This action was immediately followed up with the charging order which does appear to allow interest to be charged but not clear on what % - there is no clause as such just a sentance about interest.

 

Other factors where that hfo continued to communicate to the address of the property against which the charging order is held but after the relationship breakdown I no longer lived there.

 

Can anyome suggest a course of action - should I contact Rutherfords or not?

Edited May 20, 2010 by inacorner

[harrassed senior]

So did you not attend or present a defence at the original CCJ hearing?

[inacorner]

I didnt attend but did send a response but it was never received

[DonkeyB]

Subbing

[DonkeyB]

I'm intermittently online this week - but please can you provide as much info on the original account as possible? If set aside is to be a viable route - but I think it may be problematic - we have to establish all the facts first.

 

Can you also describe all your correspondence with HFO, from day one?

 

Who has the charging order - HFO Capital or HFO Services?

 

Who was the original creditor?

[inacorner]

Easy bit first

 

Creditor was Barclaycard and order is HFO services (as far as I'm aware I'll confirm later)

 

Correspondence wise its more vague I'm afraid as I didnt necessarily keep copies or write everything down.

 

I'll put something together from what I can remember and what documentation I have kept.

[DonkeyB]

OK. Can't CCA HFO, but you can send a SAR to Barclaycard. See the templates section for the basic letter, but also request specific additional information - to exactly whom and exactly when the account was sold. Request also any copies of default notices sent to you, with dates.

 

As you'll see from other threads, there's an outside chance that HFO weren't actually assigned the debt in the first place. Time to start digging!

 

The SAR will cost you £10, but it will be a great first step to see if we can do anything for you.

[HFwho?]

Hi Donkey, still nothing from HFO on my problems with them, lets hope it stays that way, over a year now since sending the statute barred letter.

 

These **** will lie and lie and lie so before and make sure everything is go writing. Thanks again Donkey for the help you given me.

[DonkeyB]

Come on HFwho?, tell us what you really think of them!

[inacorner]

Thanks for the help guys

 

I'm still digging out old stuff in relation to this and need to trawl a hard drive to find some of my letters to Hfo

 

Interestingly it looks like the orignal debt was sold on intially to a company called Credit Solutions in Surry before it went to HFO - could that make a difference

[debt4get]

as to charging orders have a read of this and see if it applies to yourself..you may find you dont have to pay anything to these people from any proceeds of house sale if that is what you decide to do

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

[broken arrow]

Hi Inacorner

 

HFO services had a charging order against me, I had the charging order and CCJ set aside as HFO Services was the wrong claimant, they were given the opportunity to re submit claim, but discontinued.

 

You need to SAR Barclaycard and find out who they sold the account to.

[inacorner]

How should I deal with the latest letter fro Turnbull Rutherford in the interim - this requested a reply by return - ignore or respond do I make an offer for an amount I cant afford to have the interest stopped or just do nothing ?

 

I'll post more details tonight - cheers guys

[inacorner]

as to charging orders have a read of this and see if it applies to yourself..you may find you dont have to pay anything to these people from any proceeds of house sale if that is what you decide to do

http://www.bllaw.co.uk/pdf/financeandrecoveries_0806_charging%20orders%20on%20property.pdf

 

 

Thanks for that - interesting reading but obviously I 'd rather try to sort this now - that said the property is in joint names and if I've understood it correctly then it sounds a way around it. My property is jointly owned and the debt soley in my name (yes I was stupid).

 

My only issue is that its the responsibility of the buyers solicitors to agree and to do the letter to the creditor after the sale and isnt there a risk that this would either complicate a potential sale or that the intention to puchase would get back to the creditor somehow??

 

If I new it could be done successfully then I'd certainly go that way - I could then apportion my sales proceeds more fairly to other creditors and potentially get discounted settlements from all including HFO.

 

If I did this and they didnt freeze the sale proceeds as the article suggests what other course of action could they potentially take to seek recovery of the debt??

[DonkeyB]

Credit Solutions would not have bought the debt - just a small DCA, and part of the usual chain that starts with Mercers before it's sold.

[inacorner]

Heres the additional information well what I can find

Please also let me know how to deal with latest letter from Turnbull Rutherford

Should I get the SAR and if so how ?

Thanks again

Barclaycard original debt £6,100 (2004) Charging order £8,089 (2006) Current demand £11,426

Correspondence details (a bit sketchy but all I can find)

Aug 04 I advised Barclaycard of financial difficulties

Various correspondence back and forth (Barclaycard) including repayment offers / financial statement up to October 04 agreement reached for £9.00 per month

March 05 Formal demand from Credit Solutions

Aug 05 I revised financial statement sent to Barclaycard

March 06 unsigned letter received stating interest was suspended (I cant find this letter)

Mar 06I wrote to HFo acknowledging their letter and suspension of interest

May 06 letter from Hfo stating I’d ignored correspondence to which I replied on 21st

July 06 1st letter from Turnbull Rutherford notifying me of intended actions

July 06 I wrote back detailing inaccuracy in their letter stating I had an arrangement with Barclaycard

Aug 06 I respond to claim copying to both HfO and the court

Oct 06 Court order for immediate repayment of £8,089 stating I did not respond to the claim form

Oct 06 I wrote to court explaining that I had replied and requesting variation to the order

Oct 06 I wrote to Turnbull Rutherford explaining the court forms were sent to Hfo and court their response stated hfo wouldn’t have known what to do with them they state their client intend to enforce order

Oct 06 Notice of charging order received from land registry

Nov 06 Interim Charging order received from Turnbull Rutherford

Dec 06 notice from court that the case re-listed for Jan 07 together with charging order application

Jan 07 I send defence and offer of repayment to court

Jan 07 Final charging order from court my offer of repayment struck out

Aug 09 letter from Turnbull Rutherford stating following judgement (20 months after the event) that interest still being added at a rate of 12% and balance now £8,019

Aug 09 I speak to them and follow up with statement and offer and copied letters Id sent in 2006 including one in which I acknowledge that the interest had been suspended (I can’t find their letter on this unfortunately)

May 10 Letter from Turbull Rutherford asking for settlement (£11,426) or agree repayment to freeze interest

May 10 Further letter threatening second enforcement – attachment of earnings, warrant of execution or order of sale (not sure if they can do this as in joint ownership)

Previously their indications are that they need 10% of balance per month to freeze interest

[rachelg23]

I have just received a charging order from hco **** for a debt for an old debt form about 5 years ago they said they have written to me which is a blatant lie the money was an old debt from marks and spencers I am now asking them to send me a copy of any credit agreement that i ahve signed with them they have added interest for years without contactinng me, now we know who marks and spencers deals with I wont be shopping there again watch this space

[rachelg23]

I have just received a charging order from hco **** for a debt for an old debt from:) about 5 years ago they said they have written to me which is a blatant lie the money was an old debt from marks and spencers I am now asking them to send me a copy of any credit agreement that i have signed with them they have added interest for years without contactinng me, now we know who marks and spencers deals with I wont be shopping there again watch this space

watch this space

[debt4get]

inacorner..there is a large thread on this topic on moneysaver...have a look at the website there is a lot of people who have gone down this route and had no problem at all..hasnt delayed the sale or anything...i am a little concerned at the 12 percent interest..as if i remember correctly the creditor has to ask for interest to be paid and it is only given at 8 percent

[inacorner]

Sorry to keep pushing this but what do I do about the recent Rutherford letter