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Hi all,

 

I was searching the forum as I have a desperate problem with Weightmans/HFC, and found this thread. I was wondering if anyone could help me out?

 

I bought a computer from PC world and was made redundantlink3.gif soon after.

 

I became surrounded by debts and soon the calls started coming. Most of my creditors were understanding and although they couldne do anything other than noting my contact, they at least were sympathetic.

 

HFC on the other hand were rude and demanding. Then I received a letter with the intended court action. Today I have a CC summons. I have 14 days to reply and acknowledge or defend myself.

 

I am now in such a bad state that, dare I say it, suicide is an option!

 

Can anyone please give me any advice?

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Hi dive1082 , Can't post much at moment as i'm at work but try not to worry too much , even if the case comes to court it is really no big deal , others on here including myself will talk you through it. I will post possibly later tonight in the mean time look at other posts involving Weightmans/ HFC ,this will give you an idea on how they operate. Speaking from experiance of both the above I can say that they are not that scarey after you find out your rights .

sleepingdog

Edited by sleepingdog
wrong solicitors
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dive..

 

bump means "bump up my post" when we do this it sends you to the top of the forum again then you should get picked up for help!

 

MJ:)

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Hi dive1082 , Can't post much at moment as i'm at work but try not to worry too much , even if the case comes to court it is really no big deal , others on here including myself will talk you through it. I will post possibly later tonight in the mean time look at other posts involving Restons/ HFC ,this will give you an idea on how they operate. Speaking from experiance of both the above I can say that they are not that scarey after you find out your rights .

sleepingdog

 

 

Many thanks. This has eased my mind a bit. Being made redundant and being hit from all sides from my creditors is taking it's toll. I am glad I have this site.

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dive..

 

bump means "bump up my post" when we do this it sends you to the top of the forum again then you should get picked up for help!

 

MJ:)

 

 

Thanks for that. It's re-assuring...:)

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Hi dive1082, firstly can you post the POC (particulars of claim) as found on the claims form. Next can you state the issue date on the claims form and whether it was sent 1st or 2nd class.If you are going to defend the claim then you can apply for a extra 14 days giving you as much as 33 days from date of service if claim sent 2nd class. Even if you accept the claim, as long as you fill in the income / expenditure part of the claims form and send back to the court then they should set a level of payment that you can afford. One thing about the case going to court is that it will stop the threats and phone calls as once a court has set a payment plan and as long as you keep to it there is little that HFC can do. So there is nothing to be scared of ,in fact I have been quite happy that some of my debts have gone to court .

sleepingdog

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Hi sleepingdog,

 

I wil type the particulars as printed on the form.

" Breach of agreement pursuant to the consumer credit act 1974. (1) The defendant entered in to a written agreement with the claimant. The agreement is regulated by the consumer credit act 1974. (2) The defendant is indebted to the claimant to the sum of xxx and in respect of the said agreement under account number yyyyyyy and maintained by the defendant at the claimants branch and the sum of xxxx in respects of costs uneder the said agreement. (3) In breach of the said agreement, the defendant failed to make payment in accordance with the agreed payment terms and the claimant issued and served a default notice upon the defendant and pursuant to section 87 (i) of the consumer credit act 1974. (4) By letter from the claimant to the defendant, the claimant demanded repayment of the said sum, but the defendant has failed to repay the said sum. (5) In the premises, the defendant is indebted to the claimant to the sum of £zzzzzz (6) The claimant therefore claims the balance due under the agreement."

 

I am not sure what all this legal jargon is about and the sum of zzz is confusing as the computer only cost zz

 

I hope this makes sense....

Edited by cerberusalert
removed identifiers
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Hi dive1082, It is important the you blank out the account number and actual amounts as it will allow any unwanted guests from identifying you and any advise that you get. I will try and get a mod to block post 11 to allow you to repost without that info.

sleepingdog

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Hi dive1082, I guess that the last figure you quoted was the total amount payable including interest at the time you took out the credit , and the figure thay are claiming is the amount outstanding. Are weightmans claiming interest at 8%, this can be found on the claims form where the costs for the court action and solicitors fees are. Must go now will look in tomorrow.

sleepingdog

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Hi dive1082, I guess that the last figure you quoted was the total amount payable including interest at the time you took out the credit , and the figure thay are claiming is the amount outstanding. Are weightmans claiming interest at 8%, this can be found on the claims form where the costs for the court action and solicitors fees are. Must go now will look in tomorrow.

sleepingdog

 

 

Hi sleepingdog, thanks for your help. I have looked at the form and there is nothing about interest. In the ammount claimed it is just x ammount, court fee, solicitors cost and total. I have checked all the print ant it doesn't say anything about interest either.

 

I am trying to find someone with a scanner so I can get the document electronic.

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Hello Dive1082

 

I've subscribed to your thread, and just want to reassure you that you are in a good place now you have found CAG. :) You will get so much help and support on here.

 

I too was at a very low point in my life when I found this site and had thought about throwing in the towel as you said - but then within weeks, with the help and genuine caring support of many lovely people on here, I felt back in control and not afraid of debt collectors any longer.

 

If I can offer any advice I will do, but you've already had some great help ;)

 

Just one final thing - please don't worry about court. If you do end up having to attend - and its a big if right now - the court would only ever ask you to pay what you can afford as Sleepingdog has said; and any hassle you are receiving from creditors would immediately stop.

 

 

Love from SG x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Hello Dive1082

 

I've subscribed to your thread, and just want to reassure you that you are in a good place now you have found CAG. :) You will get so much help and support on here.

 

I too was at a very low point in my life when I found this site and had thought about throwing in the towel as you said - but then within weeks, with the help and genuine caring support of many lovely people on here, I felt back in control and not afraid of debt collectors any longer.

 

If I can offer any advice I will do, but you've already had some great help ;)

 

Just one final thing - please don't worry about court. If you do end up having to attend - and its a big if right now - the court would only ever ask you to pay what you can afford as Sleepingdog has said; and any hassle you are receiving from creditors would immediately stop.

 

 

Love from SG x

 

Thanks for the support SG. Your right, the people on here are great and I already feel a lot stronger. The advice is fantastic and I am so glad that it is here.

 

Dive

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Weightmans/HFC can get very 'shouty'. I recently won a case against them and Phoenix with costs against them alone running well into 5 figures.

 

The thing to remember is that their actions are designed to scare you into making rash decisions. You have time and you must always play by the rules even if they don't (trust me, they won't).

 

If you're unsure what the rules and correct procedure are then post here and someone will help. Court proceedings sound very intimidating but, as has been mentioned, as soon as they're started the phone calls and postal intimidation stops. It's really not as bad as it sounds anyway.

 

If you haven't already done so then now is the time to start meticulously filing everything. Don't do any business over the phone and always use special/recorded delivery for postage.

 

Weightmans is a large law firm who like to use scare tactics. They will take things as far as they can by using 'deep pocket litigation' tactics. Don't think that they won't try underhand tactics either - they do.

 

You need to post up more details about this claim (is it a loan or cc or whatever) and what action(s) you've already taken. That way, those of us with some experience can point you in the right direction.

 

As a final note, remember that you're not the first to be in this position and you're certainly not alone now you've found the CAG.

 

I've been there (redundancy and debts etc) and I'll be the first to admit that it scared the hell out of me. Now, 3 years on I'm mostly debt free and have won twice in court and had one discontinuance of proceedings.

 

It's really not as bad as it seems. Don't let these parasites make you think any differently.

 

D

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