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Everything posted by FightToTheEnd

  1. Thomas Higgins are a (relatively) well known debt collection solicitor firm who aim their services at small businesses. Their USP is that they will send out an initial demand letter for a flat fee of something like £1.99. Many small businesses do this as a last resort or to look "serious". If you then use them to issue proceedings etc then the costs rise rapidly, in line with other solicitors. I would be very surprised if this goes any further. Ignore IMO. Google Thomas Higgins and you'll see what I mean.
  2. Not sure what you mean? They did get a CCJ/CO as they were initially given a forthwith order with the CCJ. I didn't fight the CO too hard to be honest as from reading on here it was going to happen pretty much whatever I did? The current monthly payment is an amount I offered and is affordable. I offered a tomlin order and/or second charge in an effort to avoid a CCJ but they didn't accept?
  3. I kept paying "something" every month but it made not the slightest difference to their actions. If you could use the £200 elsewhere then I'd give that some thought as I think they'll go for a CCJ whether you pay or not tbh.
  4. Not good news really I'm afraid. Well, not all bad but you will make your own mind up. they kept up to their promise, they but some "big gun" solicitor on the job who would not stop, despite offering a Tomlin order and/or a second charge while we sold our house. Nothing was good enough and they would have their CCJ and charging order. They now have that and I effectively have an interest free, unsecured loan over 14 years as we have no intentions of moving now. I do think this was foolish on their part as we were willing to sell up to sort our debts and so they could be repaid now. As we now have a CCJ the rental market would be very difficult so we decided to stay put. They did make some noises about an order for sale, but I think we both knew this wouldn't happen and they left that alone. I now pay every month by SO and they do leave me alone, but I did manage to get an email from the solicitors advising that if I maintained the agreed monthly installment then they would take no further enforcement action. Also they made no attempt to repo the car and we actually no longer have it now in any case,. It don't have an HPI flag on it either which surprised me (although they would have been obliged to remove it in any case as they had no legal right to claim an interest). Best of luck.
  5. Debts regulated by the CCA cannot be passed to the high court. Only county court bailiffs could be used and as far as I'm aware they do advise that they will call. Don't let them in and make sure your car(s) are away from home. (Assuming a CCJ is in place)
  6. i doubt its secured so the car is probably at risk - phone the finance co to be certain.
  7. In your first post you suggested you already had?
  8. Are these the same wonderful banks who lend at 7 or 8% and then bang the rate up to 30/35% once they figure out you're struggling? The same one's who "charge" £30 for paying a couple of days late. The same ones who when you pay £180 off your card one month they stick £170 back on in interest? The same ones who phone you day and night, even when you have a payment agreement in place? The same ones who send a thug to your door if you haven't picked the phone up to them in a couple of days? The same wonderful banks who trash your credit rating at the drop of a hat so you can't even get a mobile phone? Those wonderful banks hey? Maybe we would be more inclined to play nice if they did? How much of the £100 owed in your example is made up of unlawful charges and extortionate interest? Still think this is a "simple" moral question?
  9. Is this a CCA regulated debt? If so I'm pretty sure that HCEO can not be used and it will remain with local county court bailiffs.
  10. Thanks guys, understand. It is a CCA agreement and i think pretty much zero chance of a repo so all ok i guess for now....
  11. Ok, my wife had a fixed sum loan from a leading bank which we were unable to pay. They very quickly went for a CCJ and then a Charging Order which was granted. (Actually a restriction as it's a sole debt and joint property but that's another thread!!). When applying for the CCJ they added legal fees of approx £400 and this was included in the judgement debt. We have now agreed a monthly payment and this will just run I believe until we sell up in the next year or so. Today I have had a further letter from the OC saying they are adding £210 of legal fees to the account. I presume this is the cost of the CO. Can they do this? Surely they have a figure the court has agreed we will pay and that is that? Also, how can they add an amount to the agreement as they state when the agreement is terminated? Any thoughts? Thanks guys.
  12. I agree with the OP entirely and I'm in a similar position with Barclaycard. The Carey case does mean, in my view, that they can satisfy a S78 request with a reconstituted agreement, but would require more than this to obtain a CCJ. Just proving a financial link isn't enough to justify interest & charges, etc unless it can be proved you agreed to them surely? The CCA1974 does still state that an original agreement can be requested in court? That's my stance with Braclaycard in any case. I haven't paid them since June 2009 and haven't heard from them at all since about March 2010.............they did default me though.
  13. Have you started making the payments you have offered? If not, I suggest you do as it will look like you're serious about paying the debt back if/when it gets to court.
  14. I know it's not how it should be, but Santander have taken this exact same route with me re Forthwith judgement and then CO despite making regular payments (£160+ per month), sharing I&E details and making reasonable offers, including a voluntary second charge. They will almost certainly get what they want as the court just went along with everything Santander wanted in my case despite advising them of the course of events..... Sorry to give bad news.
  15. Can you check the agreement and tell us whether it's Hire Purchase or a Fixed Sum Loan agreement or something else?
  16. I would imagine that they cannot lawfully re-instate the agreement without you agreeing to this, hence why you need to accept the termination, though court action already taken should be proof enough of the original termination. As you say, terminated is terminated and I dont see how they can unilaterally re-instate the agreement.
  17. Surely the point is that the DN gives you chance to rectify the situation before they terminate, ie if you pay the required amount then the account resumes as if the breach never happened. Once they have terminated then this can no longer be the case, hence the 2nd DN after termination is utter nonsense as even paying the amount due cannot "undo" the termination?
  18. Also wouldn't BCT have to prove the dents did not exist when the car was sold (assuming it wasn't a new car)
  19. OFCOM and or the Police? Making abusive or threatening phone calls is actually a criminal offence.
  20. You also need to be sure what type of agreement you have - look at the original aggreement and see if it is a "HIre Purchase Agreement" or a "Fixed Sum Loan Agreement" or anything else?
  21. Also make sure you properly inspect the car for damage before paying up as some of these storage yards are not the most considerate or careful of vehicles in thier possession!
  22. yes, that's my understanding too - you can VT anytime and then only 50% + current arrears will be payable, but they are immediately due. If you can't pay them of course, then they are a non-priority debt the same as any other unsecured debt..........
  23. You will also need to pay any arrears due at the time the VT'd the agreement, so 50% + all arrears........
  24. Very likely Tingy - do you now have any paperwork of what you told them you were doing, ie, generally you would tell them (not ask) that you were invoking the voluntary termination clause of your agreement. To the OP, it is also important to check how the agrement is headed and is it a Hire Purchase Agreement or a Fixed Sum Loan agreement, as the latter means it's just a loan and you own the car outright already, though you would have no right to terminate.
  25. also make sure you do a voluntary termination and they don't try and trick you into a voluntary surrender which is quite different!!
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