HFC Card CCJ/CO - now sold to marlin - what can they do?

[OnMyWayOut]

I have a debt on a card which I was unable to keep up with. I eventually found out about the CCCS and set up repayment plan with them on this debt along with several others. Six months on I get a letter from a solicitor (who's name appears regularly in the section) saying the bank isn't satisfied with the repayments and wants more otherwise they take me to court. I explain my financial position and ask why the bank didn't contact me or CCCS to discuss first.

 

Next thing I get court papers served, so I dispute the high charges applied, the extra interest claimed, some of the balance is late payment charges, etc. Next thing is a CCJ for an amount totalling 50% of what I have to repay all the debts via CCCS. I speak to CCCS and they provide details for disputing the payment which I return to the court & solicitors within the specified time limit. I wait for a date to go to court to argue my reasons why the repayment is too high and next thing I get two letters from the solicitors (doesn't that mean prostitutes?) both with an Interim Charging Order and a date for the hearing.

 

Other than filing a defence against the original summons I haven't had a chance yet to have any input into the proceedings. How do I defend this? The amount of this debt is around 10% of the full debt I owe, and is about 35:1 on the value of the property which is in joint names, but this debt is in my name.

 

I can't afford higher repayments, I can't afford to reduce the repayments on the other debts, as this will provoke action from them as well. I don't want a charging order favouring one creditor as they get an unfair advantage over the other debts, especially if (as is now possible) the value of the equity in the house falls below the total amount owed.

 

 

On the original summons and all subsequent paperwork they have used the wrong spelling of my name - does this make a difference at all? I did point this out in my defence reply to the court.

[sequenci]

INext thing I get court papers served, so I dispute the high charges applied, the extra interest claimed, some of the balance is late payment charges, etc.

Did you not get notification of a the defence hearing?

Next thing is a CCJ for an amount totalling 50% of what I have to repay all the debts via CCCS. I speak to CCCS and they provide details for disputing the payment which I return to the court & solicitors within the specified time limit. I wait for a date to go to court to argue my reasons why the repayment is too high and next thing I get two letters from the solicitors (doesn't that mean prostitutes?) both with an Interim Charging Order and a date for the hearing.

Was this a re-determination hearing? When was the CCJ entered? The name thing is minor, the court have the powers to use their discretion to amend things like that and continue with the action. If you can answer these questions for me when can move forward, best wishes.

[OnMyWayOut]

Did you not get notification of a the defence hearing?

 

Not a thing. I sent in my defence papers in reply to the summons and the next contact was the CCJ.

 

Was this a re-determination hearing? When was the CCJ entered?

 

All I've had is a notification of the judgement, to which I responded by requesting a reconsideration of the amount. The CCJ was entered on 15th February and I have continued with the regular payments via CCCS.

[sequenci]

Is there a reconsideration hearing pending?

[OnMyWayOut]

I've not been notified of any.

[sequenci]

Have you contacted the court at all?Did you sent anything to the court? If so did you send it recorded delivery?

[OnMyWayOut]

I dropped the form directly into their postbox. I only contacted the court once I received the Interim Charging Order in the post. In fact I've just received the paperwork from the Land Registry stating that the Charging Order is in place.

[sequenci]

So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification

[OnMyWayOut]

So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification

I filled in the paperwork for redetermination of the amount of the instalment as it was higher than I could afford whilst still keeping up repayments on the other debts. I put the paperwork into an envelope addressed to the court with the claim number on the outside and posted it directly into the court's letterbox before the due date. I also faxed and emailed a copy to the solicitor on the same day. This is also how I returned my defence paperwork when I answered the summons.

 

I've just spoken to the court and the clerk there informed me that they hadn't received the paperwork and so the follow-up actions were taken. She advised me to talk to the solicitors handling the persecution/claimant's case. I'm not sure that they will be very helpful though!

[OnMyWayOut]

So ,let's get this straight. You've never received any information from the court and now you have been informed that there is a charging order in place against your property? You were never informed of the hearing for the final charging order? I would suggest calling the court and finding out what they are playing at.

I really want to help you but I'm confused that yopu've not had ANY paperwork or notification

The Interim Charging Order paperwork came with notification that the application will be heard in three week's time. But the paperwork from the Land Registry that arrived today implies it is on already.

[OnMyWayOut]

Does anyone have the contact details for the top man @ HFC and / or HSBC in the UK?

[OnMyWayOut]

I've written to the court with a copy of the letter that I sent requesting a redetermination and asking for the case to be reconsidered as I have been left out of the loop.

[OnMyWayOut]

Hi,

 

I have a debt related to HFC Bank on a credit card. I have been paying this through CCCS for over 9 months without a murmur. Out of the blue I get a letter from Restons threatening legal action if payments aren't increased. No prior contact from HFC, no negotiation and straight to court. There is a small amount of late payment charges which I never bothered to chase (just over £100). How is it best to deal with this?

[shieldblaster]

It's a bluff imo..if you are paying what you can afford then they can't get blood out of a stone. I would call their bluff and tell them exactly that in as many words. I doubt very much they will take legal action and even if they did and you prove to the Judge you are doing what you can he will be on your side...not of these leeches

 

Regards

 

Mick

[citizenB]

If you have a DMP with CCCS, just give them a call and send the letter to them.

[OnMyWayOut]

I see from the HMCS site that I can object to the final charging order by notifying the court and the claimant up to 7 days before the hearing is due. What do I have to do to notify them, and what should I use as the reason.

[sequenci]

there is some useful stuff within this fact-sheet including possible objections:

 

National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court

[OnMyWayOut]

Thanks for the info. I have a question about the point 'If the debt is very small in comparison to the amount of equity in your home, argue that a charging order would be unfair'. Does this mean the debt in question, or the total amount of debt? Does it relate only to my share of the equity (house in joint names)?

[sequenci]

The debt in question, your share of the equity

[forumman]

Hi,

Same thing happened to me and be warned I have NO equity ie neg equity in my house because of secured loans and larger unsecured creditors and at the hearing the judge still made the charging order final. It felt like he'd already rubberstamped it before I'd even sat down. Good luck.

[OnMyWayOut]

We need some help in the Debt Collection Industry forum. A number of us who have been taken to court by HFC and had CCJs & COs awarded against us are now receiving Notices of Assignment from Marlin, who are asking for all payments to be made to them.

 

Is it legal to assign a debt with a CCJ or CO in place?

 

Can they change the payee on a CCJ without reference to the courts?

 

HFC have put me (and others) through a lot of stress and cost to get a CO, and then they go and assign it - it doesn't make any sense to me to get a CO and then sell the debt of cheaply when there's a guarantee of payment via the CO.

 

See the thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/149821-hfc-bank-restons-marlin.html for one of the examples going on at present - there's at least a couple more on the go.

[pt2537]

I dont think you should be looking at if they can assign a CCJ, but whether or not you can get that CCJ set aside,

 

have you looked into this at all?

[robcag]

I dont think you should be looking at if they can assign a CCJ, but whether or not you can get that CCJ set aside,

 

have you looked into this at all?

 

Hi Paul

 

Do you know if the assignment (alleged, legal or otherwise) would have any bearing on a set aside application? i.e. would it strengthen the argument for a set aside?

 

Cheers

Rob

[OnMyWayOut]

I haven't tried yet, but was looking into it, especially as the court seem to ignore me in most of the process (mainly due to ignorance on my part) and set a CCJ for an amount I couldn't afford, giving the claimant the opportunity of going for a charging order. I asked for a redetermination, but that was ignored, and although the final CCJ was for less than the original one, but the CO damage was done.

 

I'm looking at chasing HFC for an SRA to get full disclosure and see what turns up. In the mean time I have Maplins (Marlin) chasing with a Notice of Assignment for a debt with a CCJ & CO which just doesn't sound right to me.

[OnMyWayOut]

According to National DebtLine, this is allowed. I shall be making a formal complaint to HFC/HSBC/OFT/FOS/my MP about this, as I asked for reasonable settlement figure once they went for the Interim Charging Order and got totally ignored, but now they have obviously sold the debt on for lower than the full value - why couldn't they settle with me for the same amount?