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wanted99

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  1. They kept coming up with old 'contractual interest' argument and the court had twice agreed that they couldn't do anything about it and advised me to go the CAB. However I think this was a lie as Link were having to write to me every 6 months to advise me of interest, otherwise they couldn't charge me for the lapsed period and I'm sure they would not have included the sentence 'you can ask the court to reduce the amount of interest payable on the judgement debt' unless they absolutely had to. These companies are such underhand liars. If I'd tried for one minute to get out of paying what I owe, I might understand. However, I've paid every month in full and on time.
  2. I have a ccj from Link Financial after they bought a debt of mine and they just would not negotiate on monthly payments out of court. And of course they were charging me nearly 27%. They then applied for a charging order - despite the fact that I had paid in full every month. The original court hearing for the CO was adjourned when it transpired that the court had not received my objections, even though they were sent by 'next day delivery signed for' and I argued that it was unfair that a judgement be made without my objections being considered. The judge was about to award the CO to Link, but I explained that Link had had a copy of my objections and responded to them, so she adjourned until today. Today, the judge recapped the previous hearing and asked Link's rep what they had done to address my objections - they had of course done nothing. In my objections to the CO I had listed the 'Mercantile v Ellis' case as argument for the CO not being granted and the order was discharged!!!! I also asked the court to reduce the amount of interest payable on the debt. They had refused to do this on 2 previous occasions, but I provided copies of 2 separate letters from Link which said I could ask the court to reduce the amount of interest payable on the judgement debt. The judge reduced the interest from 27% to 5%. Result!!!!!!! I am no legal expert, but my advice from my experiences is: [*]Keep trying - it has taken me nearly 12 months to get to this point. [*]Keep everything above board and do things properly. I didn't want to send my objections to Link as they would have had a 'heads up ' on my arguments against the CO, but the fact that I had meant the case was adjourned so that my defence could be considered. [*]Keep records of all correspondence - Link's previous letters were a vital part of my defence. [*]Always attend court hearings - if I hadn't I would never have known that they had not received my objections and Link would now have an interest in my property and be charging me 27% for the privilege. [*]Deliver all documents to court by hand, where possible. Don't trust Royal Mail, or the postal workers in county courts to get your papers there!! Good luck and keep fighting.
  3. You're a fab lot. Cheers. When I said 'I don't want to stop answering the phone', I meant that I have no way of knowing who's calling before I answer - therefore, I may be ignoring a phone call that I actually want to receive. Anyway - I'll send the harrassment letter. My DM company have been fab and really supportive, but they say that HSBC are notorious for this kind of behaviour and our best bet is simply to wait for the debt to be passed on to a DCA, who, amazingly, are much easier to deal with!!!!!! Just out of interest, has anyone refused to answer the security questions, or answered them incorrectly on purpose?
  4. Can anyone tell me exactly where I stand with regard to dealing with calls from the HSBC credit card team? They phoned me yet again today to demand over £4k. I explained to them that my debt management company are dealing with this and I have signed the paperwork as such. The rep said that they flatly refused to deal with this 3rd party, would only speak to me, and then became really aggressive and rude. I ended up putting the phone down because Iwasn't sure how to deal with it. Can I refuse to speak with reps on the phone and are there any stock phrases I can use to deflect their aggressive manner? I really don't want to stop answering my phone just in case it's HSBC. I'm very tempted to answer their 'security questions' wrongly on purpose - just to see their reaction!!!
  5. Sorry, meant to add I have admitted the debt, completed the variation order, and am challenging the monthly payments agreed as a result of the variation order. Thanks
  6. I'm awaiting a date for a determination hearing at my local county court regarding the monthly payment of a recent ccj. Do any of you know if I need representation at this, or is it a fairly straightforward process? I have plenty of information regarding income, financial status etc, and all the paperwork re: my debt management plan. Will this be enough? Cheers
  7. Out of curiosity - if I cca my creditors and find that some of them don't have the correct paperwork, could I not simply write off my debt with them and use the extra DMP payments to pay off my other debts more quickly? Or is simply better to let sleeping dogs lie, as they've accepted my DMP offer?
  8. No DCAs as yet - and hopefully there won't be any more as everyone else has accepted DMP
  9. So should they have a copy that has been signed by me?
  10. You're a good bunch, thanks for that! Could you tell me - is a CCA some kind of document that I should have signed? I certainly don't ever remember being presented with one. Does the fact that I've had this card some years mean that it is less likely that I have one?
  11. Thankyou - very helpful. Has CCCS been very helpful to you? My DMP company took on EVERYTHING for me when I was really very poorly (mentally and physically). I would hate to drop my DMPC unless I really felt it was worth it (after all, all my other creditors have agreed to DMP!)
  12. I'm after some advice re: an HSBC credit card debt. I defaulted on payments about 4 months ago after signing up to a debt management plan. All my other creditors have accepted the plan and although HSBC have been receiving payments for the last 3 months, they phoned today to say that the payments are not enough and they refuse to accept a DMP from companies that charge a fee. I refuse to be blackmailed into changing my debt management company because they have been so incredibly helpful and supportive through a very difficult time. On the phone HSBC said that I had 30 days to pay in full or it will be sent to a debt collection agency. I've had the card about 8 years, have never missed a payment before now, and owe around £4k. So my questions are these. 1. Do I do anything, or wait to receive their next correspondence? 2. Do I request a CCA from HSBC or wait until the DC gets involved and ask them instead? 3. Will DCs 'do business' with debt management companies? ie. do I simply refuse to deal with them and tell them that a 3rd party is dealing with all my debts?
  13. I've downloaded those forms and got them filled in - cheers for that!! The SD arrived after I'd missed the 1st payment of the CCJ - they started the ball rolling for the SD the very next day and I received it, delivered by hand, 9 days after payment was due. I genuinely wasn't trying to get out of paying, so I have since sent the first payment, along with a letter explaining its delay. I guess this could only stand me in good stead at any future hearings. Also, do any of you know - I've got a determination hearing coming up soon re: the monthly repayment amount of this CCJ. Do I need representation at something like this, or is it pretty straight forward?
  14. Thanks for that. I know it's gonna be a long process!! I'm not disputing that we owe the money. Lots of stupidity and naivety on our part have contributed to this mess. So what I'm really needing to know is..... 1. Is the fact that we're waiting for a hearing at our local county court a good enough reason to have the SD set aside? 2. If so, exactly how do you go about getting an SD set aside?
  15. Oh as usual it all gets very confusing but here goes...... 1. My husband signed a business lease, but then backed out of it. His employers at the time said that they willing to help him out and took on all the paperwork regarding the people he had signed the lease with. But surprise surprise they did nothing and out of the blue we were landed with a CCJ for approx £14,000. (My hubby no longer works for these people!!!!!) 2. Sent a variation order which was accepted and payments were set at £66 a month, but we are severly in debt at the minute and are subject to a debt management plan and there is no feasible way we could meet this payment every month. I wrote to the court involved explaining this and they have since replied to say that a determination hearing will be set at our local county court. 3. Was then served with the SD, hence my questions in the previous post. In all I feel that I've been pretty flippant and ignorant about the whole thing. I should never have let my husband's employers take over the handling of this. I feel certain that had we represented ourselves in court, we would not be facing a ccj of £14k for several reasons: 1. Pressure to sign the lease 2. Never had the funds in place to pay for the lease 3. No help in setting up the business as promised (it was one of these new pub companies that rent you a building and sell you the beer) But you live and learn!! So my previous questions still remain and also, is it possible to go back to court to have a CCJ heard again? If we had chance to present all our evidence I'm sure the debt amount would be reduced. Any advice gratefully received
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