HFC/Restons/Charging Order - ***ORDER REMOVED***WON***

[diddydicky]

thanks and congratulations once again

 

they dont like it up em Mr mannering sir

[paying4ever]

Excellent result Satterhwaite! I admire your perseverance. I have tried fighting my corner a few times but it is so time consuming. Also, although I consider myself reasonably intelligent, a lot of this is completely over my head!

I am in a very similar situation although I don’t have a charging order. However Marlin’s solicitors recently threatened me with bankruptcy even though I have not missed a payment to Reston’s/HFC under the CCJ.

I am seriously considering trying to get the CCJ set aside and the two hours I have just spent reading your case has certainly got me inspired. My main problem will be the time lapse - the CCJ was almost 3 years ago. Anyway, I’ll start my own thread in a day or two.

Congratulations again!

[r&b]

Excellent result Satterhwaite! I admire your perseverance. I have tried fighting my corner a few times but it is so time consuming. Also, although I consider myself reasonably intelligent, a lot of this is completely over my head!

 

I am in a very similar situation although I don’t have a charging order. However Marlin’s solicitors recently threatened me with bankruptcy even though I have not missed a payment to Reston’s/HFC under the CCJ.

 

I am seriously considering trying to get the CCJ set aside and the two hours I have just spent reading your case has certainly got me inspired. My main problem will be the time lapse - the CCJ was almost 3 years ago. Anyway, I’ll start my own thread in a day or two.

 

Congratulations again!

 

i believe the oldest set aside mentioned on here is 13years!!! hope reigns eternal eh?

[Spamalot]

Excellent result Satterhwaite! I admire your perseverance. I have tried fighting my corner a few times but it is so time consuming. Also, although I consider myself reasonably intelligent, a lot of this is completely over my head!

 

I am in a very similar situation although I don’t have a charging order. However Marlin’s solicitors recently threatened me with bankruptcy even though I have not missed a payment to Reston’s/HFC under the CCJ.

 

I am seriously considering trying to get the CCJ set aside and the two hours I have just spent reading your case has certainly got me inspired. My main problem will be the time lapse - the CCJ was almost 3 years ago. Anyway, I’ll start my own thread in a day or two.

 

Congratulations again!

 

OH PLEEEASE have a go...... Marlin MUST be stopped! I am in the process of trying to overturn a CCJ from that shower;

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

 

So the more the merrier so to speak!

 

Spam:)

[sunflower99]

Interweb and diddydicky, the fact that the debt was sold on after the CCJ and the C.O helped me because it certainly muddied the waters, I still think I would have stood a chance even if it had not because there was no proof that there was a legal agreement in force between myself and HFC.

 

There is no time limit, although the sooner you can apply for a set aside the better.

 

It is very important where a creditor has obtained a CCJ by default that you try to get as much info from them by a SAR and see what they have, if they did not have enough to prove their case then I would urge anybody reading this to have a go at overturning theCCJ you will certainly find enough resources and help from people on these forums.

 

Good Luck

Hi satterwaite!

That is great to know that there is no time limit to apply for a set aside as i was always worried there might be and if any of my cases go pear shaped and i ever get a pro bank court and a ccj made against me it is great i can appeal for a set aside anytime after case

[diddydicky]

Hi satterwaite!

That is great to know that there is no time limit to apply for a set aside as i was always worried there might be and if any of my cases go pear shaped and i ever get a pro bank court and a ccj made against me it is great i can appeal for a set aside anytime after case

 

a note of caution here.............

 

as a GENERAL rule it is an enormous uphill climb to get these set aside even after just a couple of months delay- so although this was a great success story it is in fact rare

 

not trying to deflate anyone but to keep expectations realistc- there has to be very extenuating circumstances and you should not just assume that there is "no time limit" because "in practice" there is!!

 

it is important to check your credit files regularly whilst you are negotiating your outstanding debts and i would certainly recommend every three months at the latest if some or your debts go back to previous addresses

 

NOT ONLINE - many of the sites directing you to free credit file reports on line are actually designed to seek you out and to log as much information about you as possible

 

always go the snail mail route to equifax experian and callcredit at 2 quid each a go.

[sunflower99]

a note of caution here.............

 

as a GENERAL rule it is an enormous uphill climb to get these set aside even after just a couple of months delay- so although this was a great success story it is in fact rare

 

not trying to deflate anyone but to keep expectations realistc- there has to be very extenuating circumstances and you should not just assume that there is "no time limit" because "in practice" there is!!

 

it is important to check your credit files regularly whilst you are negotiating your outstanding debts and i would certainly recommend every three months at the latest if some or your debts go back to previous addresses

 

NOT ONLINE - many of the sites directing you to free credit file reports on line are actually designed to seek you out and to log as much information about you as possible

 

always go the snail mail route to equifax experian and callcredit at 2 quid each a go.

Hi Diddydicky

Thanks for clarifyiing things about time scales for set asides! I will make sure i give Restons grief in court so hopefully i will not have to think about set asides:D

[sunflower99]

Hi satterthwaite

Unusual aviter! I thought that was a real bug crawling on my computer screen! LOL:)

[sunflower99]

Anyway congratulations Satterwaite! Threads like these give me hope in my own battles with Restons!

[diddydicky]

Hi satterthwaite

Unusual aviter! I thought that was a real bug crawling on my computer screen! LOL:)

 

i almost broke my screen trying to squat the bloody thing!!

[sunflower99]

Lol! I was trying to brush it of screen a well!

[tifo]

subbing for info ...

[exasperated]

subbing for info

[mccarthybaby]

subbing for info ............

[ROSE28454]

Just popped in looking for info. I am in a similar position with these people and am about to try to get CO removed. Am I right in thinking that HFC ( who got the Jugement and Charging Order ) acted illegally as they got the CO after they sold the debt to Marlins. In my case I received a letter telling me Marlins now owned the debt before HFC got the charging order. Should I go for set aside on that basis? Thanks

[humbleman]

I remember one of the caggers mention something about HFC have in their T & C's that they will not go for CO against debt arising from the agreement

[ROSE28454]

Ta

I will dig out the papers they sent me and look.

[uptoeyeballs]

I remember one of the caggers mention something about HFC have in their T & C's that they will not go for CO against debt arising from the agreement

 

That would be very useful, especially if it applied to the "GM Card" too.

 

Trouble is I've not mangaged to get an agreement or T&C's out them via s77-79 or SAR.

[Satterthwaite]

Just popped in looking for info. I am in a similar position with these people and am about to try to get CO removed. Am I right in thinking that HFC ( who got the Jugement and Charging Order ) acted illegally as they got the CO after they sold the debt to Marlins. In my case I received a letter telling me Marlins now owned the debt before HFC got the charging order. Should I go for set aside on that basis? Thanks

 

 

Rose, No HFC obtained the charging order, they later sold the debt onto Marlins.

 

S

[tedney]

I remember one of the caggers mention something about HFC have in their T & C's that they will not go for CO against debt arising from the agreement

H

Do you recall where this information was please. It would reaaly help me.

[humbleman]

tedney

 

If you have a look at my thread and then pick out the caggers that were having issues with HFC, and then pick up their thread and try searching 'charging' I know it's a bit long winded but I can't think of the cagger who mentioned this.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/130101-humbleman-hfc-weightmans-court.html

[ionack]

subbing for info

[tedney]

If you have a look at my thread and then pick out the caggers that were having issues with HFC, and then pick up their thread and try searching 'charging' I know it's a bit long winded but I can't think of the cagger who mentioned this.

Humbleman

Thanks very much for that, appreciated, I will trawl through as you suggested.

tedney

[patrickq1]

hamiilton direct t & c

Terms and Conditions

 

1. You authorise us to contact you by letter, telephone (including automatic calling

unit,), recorded message or otherwise regarding the operation of your account.

2. You request us, if we are willing to do so, to issue you with such credit tokens as

we may from time to time make available for the obtaining of services.

3. You agree:

(a) to pay to us the Total Amount Payable shown in the Schedule by the Monthly

Repayments shown in the Schedule on the Monthly Repayment Dates referred to

in the Schedule;

(b) that should any Monthly Repayment or part thereof or any other sum due

under this Agreement remain unpaid after the date when it is due for payment,

then any such outstanding amount shall bear interest from its due date at the same

APR as charged on the Amount of Credit as specified in the Schedule, calculated

from day to day and debited to your account on each Monthly Repayment Date

and running after as well as before any judgment we may obtain against you.

4. If any of the following events occur:

(a) you fail to pay any Monthly Repayment or part thereof for more than 14 days

after it has become due;

(b) a statutory demand remains unsatisfied by you in whole or in part for more

than 21 days or any composition, agreement or arrangement is entered into by

you with your creditors or a bankruptcy order is made or execution or distress is

levied against your property;

© you breach any of the terms and conditions of this Agreement;

then we may (subject to service of any notice required by the Consumer Credit Act 1974) require you to pay immediately the Total Amount Payable shown in the Schedule together with any other sums due from you under this Agreement, less the amount of the Monthly Repayments and any other repayments which you have made and less any rebate of interest to which you may be entitled under the Consumer Credit (Rebate on Early Settlement) Regulations 1983.

5. You may immediately at any time settle this Agreement by the payment of the

Total Amount Payable shown in the Schedule together with any other sums due from

you under mis Agreement, less the amount of the Monthly Repayments and any other

repayments you have made and less any rebate of imprest to which yon may be

entitled under the Consumer Credit (Rebate on Early Settlement) Regulations 1983.

6. Subject to the provisions of Clause 7 below, all payments made by you shall be

applied first in the payment of any Monthly Payment Protection Insurance Premiums

payable, second in the payment of any interest and third in repayments of the Amount

of Credit.

7. Where you have more than one agreement with us, then subject to your right under

Section 81 of the Consumer Credit Act 1974 to appropriate payments, we may apply

any payment made by you to us to the sums outstanding under any of such

agreements.

8. You authorise us to set off and deduct from any sums due from us to you or held

by us for you or your benefit, whether in a savings account, current account or

otherwise, any sums due to us under this Agreement which are not paid on their due

dates.

9. No relaxation or indulgence which we may extend to you shall prejudice our rights

10. This clause applies only if you have elected to take Payment Protection Insurance:

(a) you understand that Payment Protection Insurance of the balance outstanding in

the event of death and/or certain minimum monthly repayments in the event of

accident, sickness and unemployment is optional and is not required by us as a

condition of entering into this Agreement;

(b) you acknowledge having received full particulars of the Payment Protection

Insurance and you may request further information at any time;

 

© where the Agreement is made with two or more persons you acknowledge

that the Payment Protection Insurance shall apply only to the first named

customer ("the Insured");

(d) the Insured proposes to Hamilton Life Assurance Company Limited and

Hamilton Insurance Company Limited ("the Insurers") for insurance under

their usual terms and conditions;under this Agreement.

(e) you agree to pay to us the Monthly Payment Protection Insurance

Premiums which will be calculated as shown overleaf and payable by you on

each Monthly Repayment Date under this Agreement;

(f) if you fail to pay the Monthly Payment Protection Insurance Premiums on

their due dates, the Credit Protection Insurance may be allowed to lapse;

(g) you authorise us to remit the Monthly Payment Protection Insurance

Premiums payable to the Insurers as appropriate;

(h) the Insured authorises the Insurers to pay to us the proceeds of any claim

and authorises us to apply such proceeds in or towards the payment to us of the

balance payable under this Agreement;

(i) you agree that we may at any time by written notice to you vary (i) the date

of the month upon which the Monthly Payment Protection Insurance Premiums

are to be paid (ii) the amount of the Monthly Payment Protection Insurance

Premiums;

(j) you consent to the Insurers seeking information from other insurers to check

the answers you have provided and you authorise the giving of such

information for such purposes.

11. If you the Customer are more than one person, your liability under this

Agreement will be joint and several. This means that each of you are liable for the

Customer's obligations under this Agreement.

12. All notices demands and statements given to you in person or sent to or left at

your present or last known address shall constitute good and sufficient service and if

sent by prepaid first class post shall be deemed to be received by you within 48

hours of posting.

13. This Agreement shall not be secured by any charge on land which has been or

shall he granted hy you or any other person to us

14. You agree to pay and authorise us to debit your account with our costs incurred

or reasonable charges in writing any letter or making any telephone call in respect

of any breach of this Agreement and/or in enforcing our rights or remedies under or

in relation to this Agreement, including all tracing, collection agent's and/or legal

costs on a full indemnity basis.

15. All payments to be made under this Agreement shall be made by such method

and/or to such of our offices as we shall from time to time direct in writing. Any

payment by post shall be at your risk.

16. In so far as is permitted by law you agree that we may at any time transfer:-

(i) our rights and benefits, including your liability to us, under this Agreement;

(ii) our duties and obligations under this Agreement;

to any person without having to give you prior notice. Any such transfer will be without prejudice to you continuing to meet your obligations under this Agreement and shall be without prejudice to your statutory rights, including your rights under the Consumer Credit Act 1974.

17 .Any notice to be given by us to you under this Agreement may be given in

writing or by such other means as may be permitted or required by law.

18 .If at any time any provision, or part thereof, of this Agreement becomes

invalid, illegal or unenforceable, the remaining parts and/or provisions shall

continue in full force and effect.

19 .In the interpretation of this Agreement in Scotland, words and expressions

shall bear their nearest equivalent meanings. Subject to this, the Agreement

shall be interpreted in accordance with English law and you consent to the

non-exclusive jurisdiction of the English courts, although we shall be entitled to

take proceedings in any competent jurisdiction.

 

IMPORTANT - YOU SHOULD READ TfflS CAREFULLY YOUR RIGHTS

The Consumer Credit Act 1974 covers this agreement and lays down certain requirements for your protection which must be

satisfied when the agreement is made. If they are not, the creditor cannot enforce the agreement against you without a court

order.

The Act also gives you a number of rights. You have a right to settle this agreement at any time by giving notice in writing

and paying off all amounts payable under the agreement which may be reduced by a rebate.

If you would like to know more about the protection and remedies provided under the Act, you should contact either your

local Trading Standards Department or your nearest Citizens' Advice Bureau.

 

Hamilton Direct Bank, a division of HFC Bank pic. An authorised institution under the Banking Act 1987. Registered office: North Street, Winkfield, Windsor, Berkshire SL4 4TD. Registered in England No. 1117305.

 

Hdbppltc/12-.%

[diddydicky]

automatic calling units are now banned and i beleive the fine is to be raised from £5,000 to £5 million

 

lets hope they call you on an auto dialler