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HFO - urgent help with shock of CCJ


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Guest suziedarkness

Im am not sure if this is the right forum for this post but I would really appreciate some help with this.

 

I reveived a letter a few days ago from a solicitors chasing a judgement registered against me for which I knew nothing about.

 

The judgement was entered over 3 years ago and they have just, for want of a better word, caught up with me.

 

This was a great shock to me as I knew nothing about it. The debt apparently was for a credit card which I took out in 2004.

 

I remember taking the credit card out vaguely and I remembe a year or so later taking out a Welcome loan (Yes I am such a fool) to clear the balances of my credit cards. Then between that time and 2007 my marriage broke down, i lost my house and have moved 4 times in the last 3 years.

 

As a consequence i have never received anything to do with this including any court papers.

 

I did phone the solicitors concerned and they said that the original debt was sold to HFO Services Ltd and they took me to court. I asked them to send me copies of all the correspondence, statements etc (not sure if I would need to have paid for this info) but all they have sent me is a rather fuzzy copy of the original signed agreement.

 

The solicitors admitted that they had had mail returned to them. I feel really mad about this, is there anything I can do?

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You could apply for it to be set-aside on the grounds that you never received the original court documents. This is done using form N244 which costs £90 IIRC, but if you are on certain benefits it can be waived.

 

Was there any PPI or unfair charges added to this a/c? If so you can reclaim them + statutory interest which would reduce the debt.

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Guest suziedarkness

Thankyou for that, I am on a low income so I will try and get it set aside. What info should I ask solicitors for? I guess I would need court reference or something? As far as charges, yes there would have been some. The original card limit was only £500 and like i said before, it was supposed to have been cleared direct by Welcome Finance which it obviously never was. The judgement is appaently for almost £3,000 so there are the odd charges added I would have thought! Can I dispute it whilst trying to get it set aside?

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Guest suziedarkness

Just had a look on National Debtline and dont think i will be able to get it set aside as i have no proof with regard to change of address and to be honest i was unaware I had a debt as I thought it had been paid by Welcome. I would not have contacted the cc company to tell coa as i thought account was closed. What can i do if anything?

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You'll need the court case number, date & court etc.

 

Once it's set-aside it will put the a/c back to as it was as if no judgement was entered but they will be able to re-apply.

 

To find out about the charges you will need to send the original creditor a SAR which costs £10 & probably one to Welcome Finance too to see where the missing monies went.

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Guest suziedarkness

The credit card is no longer!!! I guess that means I am up the creak without a paddle to try and get the charges back?

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i'd investigate that welcome loan too

 

i bet you got well spoofed with unlawful fees and insurances knowing welcome.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

You have mentioned in other threads that this was a Monument card.

 

There are Monument cases going on at the moment....take a look around the forums. They were a subsidiary of Barclaycard if memory serves. Howvere their address from one of the latest threads on Monument is in post #9 here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?305087-Monument-PPI-Claim&highlight=Monument

 

You should be looking to claim back the unlawful charges and any ppi plus contractual interest. In some cases this claim will eliminate the debt altogether and give you some money back.

 

Regards

 

ims

 

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Guest suziedarkness

Thankyou Ims, should I go after Monument or the company that brought the debt? Who do I SAR?

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Guest suziedarkness

Cerberusalert, the card is Mon ument. I am a little worried that as judgement has been passed the baliffs will now come as they know where I am. Should I agreeto make a token payment or just tell them I am going to try and get the decision set aside? I will try get the charges thing sorted out but I guess this is a seperate issue, although if I manage to get it set aside which is doubtful I guess it would add to my defence?

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Guest suziedarkness

The original debt was £500 but they are now saying I must pay over £3,000 with all the fees. Should I agree to start paying something whilst I try and get it set aside and go after Monument for the fees? I dont want baliffs coming.

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The original debt was £500 but they are now saying I must pay over £3,000 with all the fees. Should I agree to start paying something whilst I try and get it set aside and go after Monument for the fees? I dont want baliffs coming.

 

what £3k!!

 

you are in for a massive windfall

 

get that SAR going

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and you WILL NOT get bailiffs coming

they would need to go back to court for that

 

which they never will

 

HFO, no wonder you know nothing about it

 

typical typical underhanded trick by them

planned from dayone to get a default judgement.

 

easily set aside BTW

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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SAR Monument, but depending on when the agreement was taken out it may still be with B/card. I lost in court against Cabot and have since January been trying to get information from Monument, neither they nor Barclaycard have any information about me so how come Cabot had enough to satisfy my knowledgeable DJ??????????

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Guest suziedarkness

Hi Folks,

Firstly, dx, what do you think I ought to put in the infor for why I want it set aside? How come it is easy? I was thinking maybe I am wasting my time but when I see how HFO have lumped on about half of the debt in interest I think I have to give it a go!!

 

This is where I am upto: I have filled in the form N244 but I am not sure whether I have to send it back to Northampton or whether I take it to my local court, does anyone know here? Also I cant afford the fee so I am trying to fathom out what I need to supply the court to get help with it.

 

As far as SAR goes, I will be sending this off today, got £10 postal order and have now found an address to send it in Leicester but this is unconfirmed so if anyone has a definate address for them please let me know.

 

If I am lucky to get this set aside, (dont suppose anyone knows how long this may take and if I would have to go to court?), I am hoping that it will wipe off all the court fees and post judgement interest that HFO have added, that way, once I have got info from monument and claimed back charges I may actually be able to pay off the original debt.

 

SD

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Guest suziedarkness

I have taken the N244 form to my local court today. The guy behind the counter said that I should here within a week from the court. He said it would go before a district judge and she would decide what happens next. He said she may just set it aside or I may have to go to a hearing, or she may give me a timescale to put in a defence or whatever. I have also sent off the SAR to monument.

 

Can anyone give me any advice from hereon? I assume that if the judge agrees the set aside, I will then have to deal with HFO or whatever their name is as it was them who took me to court? What should I do if this is the case? If I get the charges back from monument, will they pay me? should I then pay that to HFO? So many questions I know but I am so confused, it seems so messy. Do you think I will get it set aside?

Edited by suziedarkness
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Hi

 

Did not realise that this was HFO! Sorry, missed it . Monument are now run by Barclaycard so you need to SAR them. Actually ring Barclaycard and see if they can trace this account and give you any info over the phone - last payment date, exactly when this was sold and also to which company, exact name.

 

Barclaycard recoveries 0844 556 0066

 

SAR to

 

BARCLAYCARD

Data Protection Team

Dept LRC

Northampton

NN4 7SG

 

What exactly have you put on the court forms and have you got a copy of the original judgement/claim yet?

 

You will need to look at a defence. The forms will now go to TR so we need to see what they come back with

Edited by coledog

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