letter says - HFO got a CCJ against me - real?

[coledog]

Did they actually attach a judgement or give you a claim number? not sure about sending that letter just yet, but if you have sent it never mind. You need to ask TR for the Claim number and judgement. Northampton cannot actually tell you anything, you have to look at Trust Online or Experian (gawd help us) or get the info from the claimants solicitor, Northampton will tell you ithe details if you have the claim number

[coledog]

Please don't pay them anything until this is sorted out

[Tingy]

OC was Morgan Stanley. Why have they not done anything since mid-May 2008? All I can think is that they were intentionally letting the interest build up.

[DonkeyB]

Just read the other threads on HFO for the stories.

[DonkeyB]

MS means Barclaycard sold it. Doubt they bought it in 2008 - more likely 2007. More fibs probably. They are good at dissembling are HFO and TR.

[Tingy]

IMPORTANT ANNOUNCEMENT

 

Looking at the stattement, I do have a CCJ from 13/06/2008 for £12191. On my statement on the 12th my balance was £12191.93 so I think that is sufficient to confirm they did get a genuine CCJ, up until now unpaid which obviously puts things in a totally different light. Waiting three years to talk about enforcing it or making any contact whatsoever about it still seems somewhat bizarre though.

[DonkeyB]

But they cannot charge interest if they fail to give notice of assignment or fail to send annual statements. Wonder how many people get these shock tactic letters and pay up?

[The Mould]

Good Evening Mould

 

Very Glad to see you on board and back in the fight, appreciated

 

Good evening Coledog

 

Thank you, yes, the fight goes on and on, for good people that is, the bad people? Well, the bad people out-number the good, so we cannot possibly give up.

 

Tingy, sorry about the mini highjack.

 

Kind regards

 

The Mould

[DonkeyB]

Which statement are you looking at?

[Tingy]

The one attached to the letter today. As far as I know that is all I have, though I'm one of the idiots who buried my head in the sand for a while, so may have got something a while back. Certainly no annual statement - this is definitely the first thing they've sent me like this.

[the_shadow]

But they cannot charge interest if they fail to give notice of assignment or fail to send annual statements. Wonder how many people get these shock tactic letters and pay up?

 

As DB has said.. http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

 

S.

[DonkeyB]

Did you ever get a notice of assignment or the claim form?

 

It's an account ultimately assigned to HFO Services and they were usually better with paperwork for these.

[DonkeyB]

A default judgment does not necessarily allow for the addition of further interest. Depends on the agreement.

[coledog]

Tingiy

 

You need to find out if there is actually a CCJ. If it is not on your credit file or the the register then there is not one, despite what HFO have said. Sight of the documents they have sent would be useful.

[sillygirl1]

Have you checked with Registry Trust to see if the CCJ HAS been awarded, and if they HAVE a CCJ they CANNOT charge 12% interest, they can only charge 8% interest after a CCJ has been awarded. HFO love to totally confuse people and bully them into paying.

 

You wouldn't have had any 'You have a parcel/important documents waiting for verification" card at any time recently?

[vjohn82]

Tingy, why are you even corresponding with them at this point? You need to make enquiries with the relevant courts at this stage to find out if a judgement has indeed been awarded. Start in a logical order for goodness sakes!

 

HFO/TR don't care whether you are close to suicide, are depressed, have other mental health issues etc.

[cerberusalert]

If there is no reference to this judgement on the registry trust there's a 99.9% chance it doesn't exist, but as a belt and braces exercise you could demand that they prove it's existence & provide the court reference number.

[coledog]

I agree with Cerbs, you should just be asking them to supply a copy of the judgement, certainly not acknowledging this

[DonkeyB]

I fear they have litigated at your old address. If so, a set aside should be possible. Did you tell MS of your change of address six years ago?

 

Tingy, are you there?

[Tingy]

PLEASE READ POST 31.

It seems like there was a judgment made in 2008, but it also seems strange that absolutely nothing has been done about that judgment until now. In my situation it has probably worked to my advantage as they either accept the £1 per month or make me bankrupt which I've now been waiting three years for someone to do.

 

I do feel if they're going to enforce the judgment it is unfair to keep piling on interest to let it build up to a really large sum before asking you to pay anything back, but cereb posted a link re re-claiming these charges. I'll read it again today as I was shattered last night and it didn't really sink in how I go about doing this. In any case, in my situation it probably is not worth it unless they accept the £1 per month in which case obviously I need to get the debt down as low as possible.

 

It's a tricky one to call. Do they accept the bare minimum or throw good money after bad helping me by making me bankrupt?

 

Everyone has been so helpful - I really do appreciate it thank you all!

 

 

[DonkeyB]

Also, the CRAs may have the CCJ recorded at the old address and may think that is a different person. Funny how HFO/TR managed to find you now.

 

Try Northampton this morning with the claim number and see where the claim was sent. If it wasn't Northampton, then Wandsworth and Croydon were the other courts they used then.

[DonkeyB]

Tingy, forget payment issues at the mo - get thefacts first!

[cerberusalert]

Who was the statement from, HFO?

[coledog]

I still think that you need to get proof of this and obtain the judgement itself, if it exists at all. If you are never going to have the resources to pay this off there is little value in them pursuing it at all and £1 a month will be pointless.

 

There is no guarantee that HFO will make you bankrupt, they tend not to do that but tend to go for charging orders, if you own a house.

[Tingy]

Don't own my own house - that went a while ago. Statement was from HFO. Just going to Google Northampton to see if it is genuine.

OK everyone. I have phoned Northampton and the CCJ is genuine. It has now been transferred to Guildford.

Any ideas what to do from here other than what I've already done?

Edited April 7, 2011 by Tingy