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missvic

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  1. Hi dx, Thanks for trying to help, I don't have a camera phone or camera where I stay during the week unfortunately but I will check the paperwork and post the info you have asked for. I know the judgment amount included the fees etc, so there was no separation of interest and the original loan debt in the judgment amount. I will check the exact wording though and I will post up as soon as I can, thanks again!
  2. Hi, I will upload the CCJ etc, but can't do it until I have access to my other computer at the weekend. In the meantime, the CCJ does state the total amount including interest and charges, including court charges, etc. The total was just over £15k, for an £8.5k loan But it is included on the CCJ. The SAR response does include a statement of account, and it does look like they have taken the original 5 payments off in the beginning. But what I don't understand is the running balance of the loan now looks like about £3.5k - where do they account for the additional charges included in the CCJ and how would I therefore separate it out? The statement of account is not very specific about individual charges, and the CCJ just says, including interest and charges. Sorry if this is not enough information, but I will upload the other docs at the weekend. Thanks for coming back to me though. Is there precedent for contesting the interest and charges being added to the CCJ? Thank you all for your help!!
  3. Hi All, I took out a loan with HFC bank in desparation at a low point in 2007, and realised very shortly after (5 payments later, to be exact), that I couldn't afford to pay it! I was sure at the time that I had misunderstood the agreement I was entering into, as I wanted to consolidate my existing CC payments and the new HFC payment was significantly more than this - I put this down to my confusion at the time, on reflection I think their tactics were shoddy to day the least but you live and learn!! I buried my head in the sand for quite some time and eventually HFC took me to court and got a CCJ. I then contested the payment and went to a hearing, where I was told by a Restons idiot that I was 'insolvent, ma'am' (!) which really spurred me on to start to take control of my situation. I am happy to say that in the last 5 years I have completely paid off a number of creditors and continue to pay the rest, all due to be paid in full by 2014. However, in reviewing my HFC account recently, I realised that I didn't think they had applied my original 5 payments on the loan to the figure they have on my CCJ. I SAR'd them, which they have replied to today, less than 40 days, which I found surprising. However, when I have looked through the information they have sent, they have not sent anything pertaining to the CCJ at all. Do I need to now SAR Restons to marry up the payments? The statement of my acccount from their computer system that they have sent me says I owe about £3k, which will be correct, but with the charges they beasted me for, I will still owe about £9k in reality. Neither Restons or HFC has ever sent me a statement of account - is this against FSA guidelines and if so is this anything I can pursue? Once I have determined whether they have actually credited my account with the payments I made, I want to know if there is any way I can 'contest' the charges they have applied to the CCJ. I know I should have done this at the time but I was going through a marriage breakdown and not thinking clearly - however the amount I have paid back monthly is only £40 less than what was on the original agreement, so it seems really unfair that they have turned an £8k debt into £15k. If there's nothing I can do then please feel free to tell me I was an idiot, I learned the hard way!! But I would really love to be able to make things hard for them - I am actually soon to be in a position to pay the whole outstanding debt off, but I would love to minimise how much that actually is. Any advice would be gratefully appreciated
  4. Thanks Satterthwaite, have taken some faith that I may not be completely broken!!!
  5. Diddy-they have made a charging order for c 14k, original debt was 8k. The house was valued at c140k for mortgage purposes in 2008, but obv now worth less, I would say 130 based on sales in the area recently. Loans secured are just the mortgage, 109k now and this charge. He occupies the house with our daughter and his two older children. He owned the house before we were together, and as he is ten years older than me and has less prospects, hate him as I do, I don't want to see him homeless. So I know I am legally entitled to half the equity should the house be sold, I don't want it, just want rid of the responsibility so I can start afresh. What would the redetermination achieve, as I can afford to pay the debt at the amount agreed, possibly slightly more now, so would a redetermination allow a re-assessment if the amount owed or would it mean that the amount owed could be re-assessed? Because if I complete an I and e this will show I can afford the monthly payment agreed. My problem is at the rate I can afford to pay now it will take me 6 years to settle, which means 6 years of mortgage payments as well. We can't sell because he would never get a mortgage for another house on his income to house him and his children, I know this isn't my problem, but I think if he wanted to he could probably apply for maintenance etc from me as I earn a lot more than him. Hope this answered the extra questions, thanks for both replying.
  6. Hi, Thanks for your comments, I'll try and answer! Dx-sorry, I just didn't know what your abbreviations meant, cca I thought would be the consumer credit act but still not sure what you mean by oc! Not meaning to be stupid! Yes, I have a copy of both the charging order and ccj. Diddy
  7. Hi, Thanks for reading my post - I'm not sure what you mean by your question though?
  8. Hi All, I'm hoping someone can help me with an issue I had with Beneficial Finance (HFC) and their solicitors, Restons. 2 years ago I split up with my then partner. We have a daughter and we lived together in a house that was his when we met but that was owned by myself and him as tenants in common due to a subsequent re-mortgage of the property where my name needed to be added to be able to get the mortgage. When we split up, I moved out to live back with my mum, but continued to pay the mortgage in full in repayment for a debt we agreed I would repay for 24 months. This expired in February this year. However, in the meantime, in order to make the mortgage payments, my personal debt spiralled and I was pretty irresponsible due to the nature of my emotional situation. I am proud to have got back on track and despite having 3 CCJ's now, two of these are satisfied and I am also paying back all my other debts with a clear plan of when it will all be repaid. However, while I was in difficulties, I did not make payments on a loan with Beneficial Finance, and so the account was passed to Restons who I tried to deal with to make arrangements to pay, but who failed to reply or send paperwork as necessary for an agreement to be set up. (I don't think I can prove this though). Very quickly, they applied for an interim charging order which was granted and then at court, the charge was granted to them over my old address as obviously my name was still on the mortgage and the deeds at that point. The issue is, my ex-partner wants to settle the mortgage as his dad has offered to lend him the money to pay it off, but he will only do that if my name is off the deeds of the house (understandable). However, because of the charge from Reston's/HFC, I cannot take my name off the deeds until it is paid off (I assume, anyway). So that leaves me in a real mess, because until his Dad pays off the mortgage, obviously we are both jointly liable for it, so I am still paying half, beyond the time when I thought I would have stopped paying anything. But, if his Dad were to pay off the mortgage, this would leave Reston's with the primary charge on the house which I assume they would attempt to enforce (although I'm not sure it would be successful as it is the only address of my daughter, who is 5). At the moment they have not tried to enforce anything as they know there is no equity in the house, but I assume once the mortgage was paid off they would then try to take their money out of the house. My Mum has said that I can put the charge onto her property instead - but would they let me do this and if so how would I go about it? I think I will be able to pay it off relatively soon as I am due to inherit some money, but it won't be in time to get me off the mortgage of my old house - so I am paying for a house I don't live in nor have taken anything from when I left! I know I have been stupid beyond belief, but I really want to get out of this situation and feel as though I have learned from my mistakes and am making a better future for myself and my daughter. If I wasn't paying any of the mortgage I could pay more to Restons until the inheritance money comes, currently I am paying £210 per month. Finally, after reading other posts, I also think I was incredibly naive at the time the situation was heard in court - as they have obtained a charge for the full amount of the loan I took out, plus all the interest of course - however I did make payments on the loan when I first took it out and these have not been knocked off the amount - I did not notice this at the time, stupidly I trusted that the figures were correct, before I obviously read anything about the firm. Is there anything I can do about this now? Additionally, I have no idea if they are continuing to add interest to the amount outstanding, etc, but I have been reluctant to get in touch to find out as I don't want to re-alert them to my presence and for them to start harassing me again (it's all gone quiet as I make my payments on the dot every month). I'm sorry this seems like a ramble now when I read it back, but I hope my query makes sense and someone will be able to advise me if there is anything at all I can do in this situation. Thanks & here's hoping!!
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