HFC loan - summary cause summons

[ecobabe]

hi,

I have a loan with HFC which i have paid on time every month for the last 3 years.

i had some trouble earlier in the year and in march didn't make payment and hid head in sand.

 

the loan defaulted in april and i have been served with a summary cause summons with a return date of 26th july.

what can i do as i am terrified, but can't afford to pay it all ~ £800.

any help would be great.

i have read thru threads but can't find anything about summons.

thank you.

 

I've just just received a summary summons from HFC for a credit agreement I took out in march 2003,

i have never missed or been late with apayment since then.

so far i have paid back £1900 out of £2496.

but in february I lost my job and have been struggling and burying my head in sand.

the return date is 26th july.

 

so here's what i've done if anyone has any ideas i'd be really grateful.

I don't want a ccj registerd against me.

I am writing to HFC with a cheque to cover the missed payments and requesting a new direct debit form.

i have informed them that i have no income or assets and that my parents are prepared to assist me in paying it off IF I can negotiate at this stage, i haven't openly said that if they don't accept then i won't be able to pay, but since i have no income or assets then don't know what the court would order...

 

. I've also asked that they remove any defaults registerd against me.

I also plan to send a data protection act etc to them since i know that charges have been added, which i think might help?

 

could anyone give me any advice before I send this letter...

i would be really grateful since i'm worried sick

[sequenci]

go on nationaldebtline.co.uk and download a personal budget sheet. fill this in and work out an offer of repayment to give to HFC. ask hfc to freeze interest and charges, remind them if they did enforce it in court it is 99.99% the case that these would be stopped anyway. take a look on the site, plenty of great info on there!

 

also send HFC £1 to get a copy of your original agreement (have a search through the letters with regards to what to write). If they can't supply a true copy of your signed agreement the whole debt will be unenforceable

[ecobabe]

thank you so much.

i am prepared to pay the outstanding amount (missed payments) and the original d/d of £52 a month.

but i don't have a income and my father is going to loan me the money(no pressure to repay),

so probably because i don't have income it would be difficult to enforce.

 

this way they'll get their money but i don't want a ccj registerd against me.

do you think they'll accept that?

i will send a cca or a dpa?

cos i'm sure that charges have been put on...…

...i really would rather not go to court.

 

do you think they'll negotiate about this and default.

sorry to seem so needy,

i'm not really but am a wreck about this.

[BankFodder]

They are most unlikely to negoatiate the default. I'm afraid that they are all very hard nosed about this kind of thing.

[ecobabe]

thanks. what about the fact that the total they are claiming includes charges? i have sent the letter with cca and a payment plan, do i need to send a data subject access thingy as well? thanks.

 

oh, forgot something... If they don't have original agreement would it still go to court or would that be enough to get it stopped? thanks

[ecobabe]

hi.

after using the CCA letter on this site,

I received a reply from the company on the day that they received it!!

 

they say they've passed debt back to original creditor although they didn't return P.O. for £1.

so does anyone know if they can make entries on your credit file if they don't own the debt?

 

i am going to check my credit file as suggested by alanfrom derby, to see if they have made any entries.

any idea what legislation would cover this?

cos if they didn't have deed of assignment should they be handling the debt?

 

obviously this company didn't have them.

should i write to them and advise them that i will be checking my file and expect that they won't have registered anything

[BotB]

so does anyone know if they can make entries onyour credit file if they don't own the debt?

 

No, the DCA cannot place any information on your credit file. Only the creditor can do that provided you gave your consent in the terms and conditions of the original agreement.

[Seminole]

One small proviso- the DCA can do this if it has purchased the debt as opposed to acting an agent to collect it on behalf of the original creditor.

[ecobabe]

so what if the agency isn't able to come up with original agreement but has made entries:confused: how would you get them to remove it?:o

[Seminole]

Have a look here...

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

[ecobabe]

can't believe this,

but both of the dca's have replied saying that they have handed file back to original creditor,

so i'm assuming they didn't have original agreement or deeds of assignment.

 

i have written to both of them saying , that i assume that they don't have either of these and also advising them that i will be checking my credit record and if they have made any unlawful(?) entries i will be taking action.

is that too much do you think.

i may have got carried away with the power!

[ecobabe]

well after taking out finance for a laptop and a maintenance agreement and paying it on time every month for 3 months had a bad period and missed 4 payments.

 

HFC are taking me to court for £700.

I have paid back~ £1800 so far.

 

i was issued with a summary summons and had an apoplectic fit!!

was initially going to pay it all off (using money i had for other things),

but then after finding this site i decided to send a CCA to them along with an offer to pay the missing 4 payments on receipt of the original agreement.

 

i know that charges have been added but we'll wait and see what happens.

the 12 working days expires on 12th July and then they'll have defaulted.

the month expires on the 23/7.

that still leaves me 5 days before the return date.

 

anyone got any thoughts?

have i done anything wrong????

or should i just cave and pay?

[ecobabe]

okay it's now the 6th July and I haven't heard a peep from HFC.

The 12 working days is up on the 12th July and the 30 days on the 23rd July.

the return date for the court is 26th July.

 

what should i do?

should I send another letter to HFC to remind them.....or leave it.

will HFC let it go to court without replying....?

HELP!!

[ecobabe]

received a reply today 11th July from Jonathan Siggers at group compliance HFC bank.

he sent copy of statement from when it was opened and a cheque from HFC saying they were happy to supply this free of charge (are they sleekit or what!!) but no agreement! tut, tut! very helpful saying if he can do any more to help........

 

so sent letter back by special delivery (guaranteed by tomorrow before 1pm) saying I was returning his cheque because as my letter clearly stated the £1 postal order numberxxx... was the statutory fee payable under the act for a copy of the signed credit agreement and the statement of account etc., and that this had been very clearly asked for in my letter that they received by registered post on 23rd june..blah, blah.

 

also reminded them that they are obliged under the CCA to supply this info and if they don't have said signed agreement then it is unenforceable under the act and a complete defence to any court claim issued.

 

reminded them that they received request on 23rd of June and so 12 working days had already elapsed.

 

now have to wait and see what they come up with next.

i don't think that they have agreement or they would have provided it.

anyone got any ideas?

[Seminole]

What is the status of their county court claim against you?

Have you filed an acknowledgement of service or a defence yet.

If you haven't then the fact that they haven't supplied the copy signed agreement provides you with an absolute defence against them until they do so.

[ecobabe]

they filed a summary cause summons and the return date is 26th july.

the calling date is 2nd august.

their 12 working days were up today and the month when it's an offence is on 23rd july.

 

i haven't replied to court yet but that's what i was hoping for.

do i reply to court and state that i have requested copy under agreement.

when i wrote to HFC with the CCA request i said that a friend may lend me some money if this debt was correct and on receipt of the agreement i would attempt to pay something

[Seminole]

Ah, I hadn't realised that this is Scottish law (I assume) and I know nothing about its filing dates. However, the fact remains that if they can't prodice the signed agreement, they haven't go a hope in hell in court.

[ecobabe]

oh i do so hope so, because i don't fancy myself as Ally Mcbeal!

[ecobabe]

hi , i posted some of this in HFC site but it's scottish law so i'll try here.

 

i have a debt with hfc which i have dutifully paid for 4 years without missing or being late in my payments.

change of circumstances and health this year caused me to get into a mess.

 

hfc issued summary court action,

i sent off cca and eventually they did send statements and copy of agreement.

there is only about 10 months left to run but i see from statements that they have applied charges etc from when i started to get into trouble.

 

i wrote them (before receiving info) and said that my friend would lend me some money to pay missed d/d up until now and i would agree a repayment plan on receipt of info .

 

they have now sent agreement and statement.

i wonder would i be better to pay it off completely and then claim back charges or agree a payment plan with them, or fill in section on court form requesting payment plan.

 

i don't want a ccj registered against me, and i could borrow some money from family to pay off in meantime.

but what would be the best way for me to deal with this as debt does have some penalty charges in it and they registerd a default against me in may.

 

i need to do something quite quickly now return day is next week.

 

thanks

[charlieho]

Couple of options available:

 

1. Phone them up and ask for a rescheduled repayment plan (work out an income/expenditure sheet to ensure what you can really afford)
   
2. Tell them a family member as offered to settle the debt - but only offer a percentage- (eg if you own them £1000.00 say that your mum will pay them £300.00 in FULL & FINAL SETTLEMENT of the debt - ensure that when your mum pays it that it is acknowledged as a full and final settlement.They will try and pressure you to repay in in full but I know that many banks etc will take substancial reduction to settle.
   
3. Pay the full amount- proably not the best bet

If you go for any above and they work - THEN go through with getting your charges back

 

Other options (which I'm not too familiar with - I would suggest that you contact one of the two free Dept help organisations either CCCS or Payplan ) or your local CAB

 

Ask for a SIST (Scottish stay -whist you reach a settlement)

Defend the action - using the fact that you dispute the dept as it is made up UNLAWFULL charges

Put in a counterclaim for the amounts of bank charges which they have taken UNLAWFULLY

 

Sorry if the above is not of much help to you as I'm not much of law expert - but I know from experience that CCCS is very helpful.

 

Best of luck

 

Charlie

[ecobabe]

hi. need some advice pronto!!

 

I am negotiating with HFC over a loan which I have with them.

Ran into some difficulties earlier in year and after a perfect repayment record i missed 3 payments.

 

they raised a court action, which I replied with a defence to...…

." total made up of unlawful charges etc........

and also never served with a default notice etc"

 

HFC asked for a months continuance(?) and i negotiated with their lawyers to pay off in a lump sum what I owed (i paid £200 upfront and said i'd pay the other £200 when resolved), not the penalty charges, part of the agreement was removal of default.

 

They did supply the agreement but wrote to say that they do not keep copies of default notices but here is a template.

 

their lawyer emailed agreeing saying that HFC would make sure that the account was satisfied. "No, no, no" says I removed completely!

 

I quoted the fact that they had not completely complied with CCA and had not kept my info as per the Data Protection Act.

 

Lawyer got back quickly to say that HFC would not reverse default but they had sent copy of letter to me and they looked forward to receiving my lump sum of £200 and resolvng matter before court date on 30th August.

 

so what do I do?

I have emailed back to say that they didn't supply copy , but a template and that I'm confident (OMG!) it would stand up in court.

 

HFC are using a local lawyers company so they have to conatct HFC for instructions.

 

any ideas or help would be gratefully accepted!!

 

within 10 mins received an email back from solicitors saying

 

"Before I take further instructions could I clarify one point.

Do you accept that you were in breach of your payment obligations under the agreement?"

 

what do I say here?

I only owe £200 and I am waiting to send it to them, but I want this default removed.

 

I did miss 3 payments but they have now been paid and i did not receive a default notice, but I am wary of answering this in case I scupper my case.

 

Help!!!!!!!

[lickthewallfatboy]

if you did not receive a default notice,they have no choice but to remove the default.I read this just yesterday when doing a google for harassment of debtors.No default notice,no default.....and tell them you will report them to Trading Standards for investigation if they do not.

[ecobabe]

I will do that. any idea how I should word my reply to their solicitor (their question is posted above)???

[lickthewallfatboy]

have a look here

Remove Default Notices on a Credit File - We show you how

 

I think you'll find it useful

[lickthewallfatboy]

Goodness within 10 mins received an email back from solicitors saying

"Before I take further instructions could I clarify one point. Do you accept that you were in breach of your payment obligations under the agreement?"

what do I say here? I only owe £200 and I am waiting to send it to them, but I want this default removed. I did miss 3 payments but they have now been paid and i did not receive a default notice, but I am wary of answering this in case I scupper my case. Help!!!!!!!

I am no expert,but they are asking you to repeat something they already know.They are aware you missed 3 payments-just tell them that they are fully aware of this,but don't use words like"breach of payment obligations" in your letter.We all know how wily these guys can be and will undoubtedly use your words against you if they can.

 

Emphasise the fact that if they cannot produce a copy of the supposed default notice,then you will be contesting that the default be removed forthwith.

 

hope this helps