HFC Small Claims Summons

[Terop33]

Hi hope someone out there can give me some help. I have recieved a Small Claims Summons(Sheriff Court Glasgow)from HFC bank regarding an unsecured loan of £2977. I have called their litigation department and offered to pay £20 per month which is all I can afford due to other creditors.

They said if i did not offer £100 per month to the court they would look for an inhibition order on my home.

What is my best course of action - Time to pay direction or time order application

Any help is really appreciated as I am starting to panic.

They have also sent me a copy of the origonal agreement form.

[IdaInFife]

if you are looking to offer payment - always do it via the courts

 

sit down and work out what you can reasonably afford each month

 

 

a time order is if you want to pay what was originally agreed

 

you want to apply for a time to pay order

 

 

what was it for? bank account/cc/overdraft/loan?

 

did you receive a default notice?

 

can you scan and post up your agreement / deleting any personal info?

 

 

can you post up what it says in the particulars of claim?

[Terop33]

Hi - it was a loan to pay off a marbles credit card. It was interest free but I just could'nt keep up the payments. I have sent HFC a SAR but they have replied asking for ID.

 

i did recieve a default notice.

 

I will try and work out what I can afford.

[Crocdoc]

Another possibilty here is a Debt Arrangement Scheme (DAS), However you must have more than one debt. The benefit of making an application is that the court will not grant Decree if an application is under consideration.

Should your application be accepted then the pursuers cannot take action against the asset.

Check that Accountant in Bankruptcy website for your nearest free DAS adviser.

Your total debts can be repaid over a period of up to ten years at an affordable rate with the interest and charges frozen.

 

Remember do not confuse DAS with Debt Management Schemes

[Terop33]

Thanks for the advice - I think I will offer what I can afford through the court. - Can they apply for an inhibition order on my house if it is in joint names even if my loan is in my name only - does this affect my mortgage which is with another bank? - Thanks again for your help here

[IdaInFife]

ok so you would fill in the time to pay order ,

 

tip: the income and expenditure part is quite small, if you do a more detailed one on a spearate sheet and attach it to show how mcuh you can offered to offer, normally helps.

 

the inhibition order goes with you so yes they can apply for it once the decree has been granted even if the house is in joint names as they use 'your share' of the house

 

ida x

[Terop33]

Hi - I applied for the time to pay order but it has been rejected and now i have to go to a hearing - what happens now? I offered all I can afford but they rejected my offer as it would take more than 10 years to repay.

[IdaInFife]

you need to go to the hearing to let the judge decide what you can afford,

 

i would just make sure you have copies of your income and expenditure etc

 

if you want to be extra good try and take bank statements and anythign to colabrate your outgoings

[Terop33]

Hi -judge granted open decree & expenses to HFC - there was no discussion on my income & expenditure - I had all my bank statements etc but he didn't look at them.

God knows what will happen now but I don't think I ever had a chance.

[IdaInFife]

do you own your own home?

[Terop33]

yes i do

[IdaInFife]

i cannot say why the judge did not ask for your i and e - that's whats the purpose of the hearing....

 

they will apply for an inhibition order... i certainly would start making what payments you can as per your i and e