which province of canada are you in ?

http://www.beatmydebt.com/panic-room/county-court-claims/can-interest-be-added-to-a-ccj.htm It says " How to stop contractual interest being added to a county court judgment You can try to stop any contractual interest being added by asking the county court to make a ‘instalment order’. An instalment order is simply an agreement to pay off the debt you owe on the basis of affordable monthly payments. If the court agrees to make the order, it can revise the rate of payment and alter the rate of interest, from that which is written in the agreement to that which it thinks is just and fair. This could mean a zero rate of interest, if the court agrees to make the order in those terms. "

"Additionally, POC states daily pji at 0.252%," The daily rate of interest of 0.252% equates to 150.588% However The S130A notice states that the rate at which PJI was applied was 7.69% per month which is 143.28% the S130A notice also states the rate of interest payable will be 0.33% per day this equates to 232.48%, this is different from the rate charged. Why the discrepancies, even within the same document (S130A) ? These interest rates are insane on the amounts concerned. They really have taken you to the cleaners and any reasonable judge should see that. The monthly interest is significantly more than the Gross pre-tax average annual salary in the UK, I thought the amount borrowed at the outset was only £20k or so. The interest is £64,611.11, the monthly interest changed is £4,972.39 this is a monthly interest rate of 7.692303%. This equates to an APR of 143.341% The Office of Fair Trading have published the final draft of a booklet “Consumer Credit Act 1974: Credit Charges and APR”. This is obtainable as a download from the offices web http://www.oft.gov.uk. An overstatement of up to 1% and an understatement of unto 0.1% is acceptable. The 0.33% quoted would be outside of the acceptable limit. Is there no requirement for an APR to be included in a 130A ?

http://www.google.com/url?sa=t&rct=j&q=extortionate%20credit%20bargain%20case%20law%20post%20judgment&source=web&cd=11&ved=0CFIQFjAAOAo&url=http%3A%2F%2Fwww.slaughterandmay.com%2Fmedia%2F760154%2Fconsumer_credit_act_2006_amendments_to_the_consumer_credit_act_1974.pdf&ei=1l-6T5LaKczZiQL03ZX8Bg&usg=AFQjCNFNDqNWBRv1W-FVjM524FZAKDyhdQ&sig2=VgXDQmMHjIuHneQevCYD-Q

Search for "extortionate credit bargain case law" without the quotes in google. It's for the creditor to prove that it is not unfair once you make the allegation. Fairness would be different for different parties. I don't know if you could make this allegation post judgment.

"Additionally, POC states daily pji at 0.252%," The daily rate of interest amounts to 150% interest per annum. Surely, such a high interest rate would be unconscionable and amount to usury .

http://www.swarb.co.uk/phpbb/viewtopic.php?f=16&t=12756

Is the debtor an individual or a limited company ? Is there a contract which says the jurisdiction is in England ? Were the goods delivered to them in Ireland or did they collect in England ? How much is the debt ?

Bang! " ...If its down to £500 and you are worried - it points to your income being pretty low, so have you checked what charges interest that has been added....." I got the charges back, and no PPI added. As regards my income being low..... no, but, twice as much would always be nice. The problem is not with my ability to pay the £500 it's about the fact that I have been well and truly shafted by HSBC since 1999 and £500 would represent a small victory in a battle that I have been on the losing end of. I resent the fact that the £500 will be used to pay some bankers bonus. I don't like being a victim.

"Have you considered contacting the two credit reference agencies in Canada, Equifax Canada Inc., and Trans Union of Canada, Inc," Great idea. Why didn't i think of that? I contacted the provincial legal body and they were really woolly on the matter.

Cerberusalert thanks for your responses "Once a default has been registered and it drops off your credit file after six years it cannot be re-registered." There was a default at around the time of termination of the account in 2000 and I have been making payments ever since until maybe last year. Can they default me now as I have stopped making payments against the previously defaulted account or, does my action in now not paying them represent a new cause of action for the default ?

I am living in Canada, and only have a home in Canada. HSBC have known where I have lived for quite a while as I was making payments to them. When the debt was reduced to around £500 andI stopped paying. The English debt is covered by the CCA and the DPA but the local collection lot seem to be very threatening as regards marking my local (Canadian) file with a UK debt.

Hi. My HSBC file is currently in the hands of Wiggins adjustments. Did you get anywhere with them. Did they mark you credit file?

ConsumerprotectionBC which deals with this say the DCA can register the debt against my credit file if they can properly evidence the debt as still outstanding - the law in BC is pretty wooly. The Canadian DCA are acting for an American registered company to whom the debt has been assigned, but ultimately this is the same debt I was already defaulted for in the UK 12 years ago. If they default me here I will have had the same debt on my credit file from 1999 to 2018. It occurs to me that HSBC have exported my credit information (held under the DPA) to Canada to facilitate the committing of an act, i.e. the re-reporting of the default, that would not be lawful in England.