old Barclaycard debt - HFO Services & a charging order

[DonkeyB]

Quick question: Have you got a copy of the judgment?

[inacorner]

thanks for quick reply

 

The details of charging order are

 

the order of 2006 stands

 

the interest of the edfendant in the asset described in the schedule stand charged with payment of the sum of xxx athe amount now owing under a judgement or orcer given on OCt 06 together with any further interest becoming due and xxx costs of the application

 

the cost to be added to the judgement debt

 

my application to pay by£5 month struck out

 

the original order of 2006 stated

 

I had to pay the claiment xxx for debt plus interest to date of judgement and xxx costs

 

in their original claime they stated

 

'The claimant also claims interest theron pursuant to S.69 of the County COurt Act 1984 at a rate of 8% a year from 3 February 2006 to 11 August 2006 of £304.00 and also interest at the same rate up to the date of judgment or earlier payment at a rate of £1.60 per day'

 

and as I mentioned in an earlier post they appear to be charging this at 12% !! not 8%

 

I assume from reply they wont comply with the SAR - is this accptable?

 

cheers

[inacorner]

I've just noticed that in the letter received to day there is a differnce in the amount owing of over £1200 (less in most recent letter) which I can only assume is an interest error. They do not explain why the earlier letter had a different amount

 

In their letter of 12 May 2010 they state interest as

 

Clients contractual interest rate at 12% as opposed to statutory interest (which I assume is 8%) as referred to in their letter today and why they say the SAR request is irrelelevant

[DonkeyB]

Crikey, this interest business is complex and beyond me. However... HFO normally says it charges 12% contractually. This means they probably don't have T&Cs or even an agreement (which is why we've gone for the SARs). I'm thinking we must find a way to get this set aside and stuff them that way.

 

The big problem is dealing with the fact that a judgment and CO is in place; we need to look for errors in their processes. There usually are some.

 

In whose name was the CO, and do you have a copy of the original judgment/claim details?

 

We need to clarify:

1) Which company claimed to own the account (ie, was there ever a NoA claiming this?).

2) Which company issued the claim form.

3) Which company has the CO.

 

If they're not all the same, it's grounds for set aside. Broken Arrow won on this. This is why seeing all the official documents is so important, and hence the SARs etc. Get to work!

[inacorner]

Both claims and the charging order came from HFO Ownership I guess can only be confirmed by the SARs assuming they respond?

 

The order is in my name ( property jointly owned ) though this is recognised in the order

 

How do I deal with TR in the interim (7 days) send a financial statement (rather than completed their provided form) with an offer of what I can afford to pay

[DonkeyB]

OK, rereading, we know the CO is for HFO Services.

 

Who issued the original claim form?

 

Did you ever get a Notice of Assignment from HFO? If so, what did it say?

 

The likelihood of their forcing a sale is remote, as it is jointly owned - I'm not sure if that should have been a problem in the first place when they applied for the CO. Also, I guess your ex-partner is still living there?

 

Need some experts on COs and interest to help.

 

I feel uneasy about their first claiming 12%, then backtracking to 8%. Also, check their interest charges - SI is 8% simple, not compound.

[DonkeyB]

Both claims and the charging order came from HFO Ownership I guess can only be confirmed by the SARs assuming they respond?

 

The order is in my name ( property jointly owned ) though this is recognised in the order

 

How do I deal with TR in the interim (7 days) send a financial statement (rather than completed their provided form) with an offer of what I can afford to pay

 

HFO Ownership? What is that? It should be HFO Services or HFO Capital.

[inacorner]

sorry should have made that clearer - all are made by HFO services I meant in HFO 'ownership' as opposed to Barclaycard forgot about Capital

[inacorner]

OK, rereading, we know the CO is for HFO Services.

 

Who issued the original claim form? HFO Services

 

Did you ever get a Notice of Assignment from HFO? If so, what did it say?

Dont have copy but cant remember either way to be honest

 

The likelihood of their forcing a sale is remote, as it is jointly owned - I'm not sure if that should have been a problem in the first place when they applied for the CO. Also, I guess your ex-partner is still living there?

Yes

 

Need some experts on COs and interest to help.

 

Agreed

 

I feel uneasy about their first claiming 12%, then backtracking to 8%.

I think theyve realsied mistake when saying they are claiming statutory after I'd applied for the SAR as if contractual they couldn't have said my SAR was of no relevance - but then I'm guessing of course

 

Also, check their interest charges - SI is 8% simple, not compound.

 

How do I calculate ?

 

 

see above

[DonkeyB]

Judgment balance x .08 gives the annual interest. Divide by 365 for the daily interest. With SI, the principal sum never changes - they can't charge interest on the interest.

 

I reckon they're asking for at least £400 to much. They can't add any other charges, I don't think, unless you have to pay the costs of the CO hearing.

 

Yet I note that in Aug 09, they demanded less than the original judgment balance?

 

What planet are they on?

 

Have they sent you the obligatory annual statements, by the way?

[DonkeyB]

I'd be tempted, if I were you, to enter an I&E that shows £1.50 a month available. If they don't accept that, they're stuffed. But you are not obliged to send one - only a court can order you too. It would stall them until we get the SAR stuff.

 

Did you ever call Barclaycard and ask exactly who and when it was sold to? Sorry if you've already posted the answer.

[inacorner]

No I havent spoken to them? Should I do this now or wait on the SAR?

 

Why would they be stuffed if not accepting £1.50 per month, they've repeatedly refused £5.00 i assume this wouldnt enable the interest to be frozen.

 

In their most recent letter they suggest that my finances will have improved over the last 4-5 years, though they know this isnt the case from offers as recently as last August - arguably they are worse due to inflation and CSA arrears

[DonkeyB]

If it's £1 a month available, that's all they can have. A court would not order more if you don't have it.

 

Yes, call Barclaycard. Exact company sold to, exact date. Your has to be one of the earliest accounts ever bought buy HFO (or whoever...), so this will be interesting.

[inacorner]

Even though I still have the SAR outstanding?

[DonkeyB]

Yes! They will probably send an incomplete SAR result anyway.

[inacorner]

cheers - I'll get in touch with them tomorrow and post what I get back

 

Wondering if my reply to TR should be to query what they are saying the interests rates are rather than a I&E statement

[DonkeyB]

Yes, great idea. Time to feck them over with a request for clarity.

 

Ask why they previously claimed 12% interest, which they did in writing.

 

Ask on what basis they made this claim.

 

Ask them to clarify exactly the rate they are charging and why.

 

And look for any other indiscrepancies you want clarification on.

 

Also, have they sent you annual statements? Naughty if they haven't.

[inacorner]

Good I'll do that over the weekend within the seven days

 

I've not had any anual statements either, only a couple of lettes from TR nothing from HFO

 

Can someone clarify the statutory rate please is it 8% %

 

cheers

[DonkeyB]

Re Annual statements. It's a legal requirement, I think, to issue annual statements - don't know if it applies after judgment though. Anyone?

 

Statutory rate is 8%.

[inacorner]

Thanks again

 

I've had anual statements from other creditors where there has been a judegement.

 

Just to be clear their court claim was for interest at 8% it was their letters showing current balance from Aug last year and May this that showed it at 12% -

[DonkeyB]

They will no doubt claim admin error. However, can any other Caggers tell us if there is a sanction for failure to provide an annual statement?

[DonkeyB]

Bingo!

 

From an article by law company Mckielty Brown & Smith:

 

Ensuring the consumer is better informed – information sheets

 

The Bill also aims to improve the information given to consumers at the time of entering credit agreements and throughout the life of the agreement. The OFT will have to publish information sheets for debtors about arrears and default. The information sheets will set out information about the legal consequences for the consumer, debt management options and contact details of advice providers.

 

Creditors will also be obliged to provide consumers with annual statements in a specified form with specific information about their credit agreements.

 

The Bill obliges creditors to issue annual statements to consumers. Failure to do so means that the creditor is not entitled to enforce the agreement during the period of non-compliance. Further, the debtor is not obliged to pay interest either during this period.

 

Creditors will also have to provide regular statements for consumers who go into arrears or are liable to default on payments. The Bill imposes on lenders an obligation to issue an arrears information sheet with a notice of sums in arrears. If the consumer defaults, the creditor must also issue a default information sheet along with a default notice.

 

 

This is an article in reference to amendments to the CCA. Wonder if this applies when a judgment is already in place, though? Can anyone help here?

[inacorner]

Anyone?

[inacorner]

This is interesting I spoke to Barclaycard this morning and they have told me the debt was originally sold to Roxborough (apparently now HFO Svcs) on 27th Jan 2006 - would there have had to be a new assignment to HFO from Roxborough seeing as everything else in HFO name CCJ, Charging Order?

[DonkeyB]

Oh joy. Roxburgh is NOT now HFO Services.

 

Have a look at this thread...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/245294-vjohn82-hfo-services-limited.html