HFC/Restons - What to do...?

[missvic]

Hi All,

I took out a loan with HFC bank in desparation at a low point in 2007, and realised very shortly after (5 payments later, to be exact), that I couldn't afford to pay it!

 

I was sure at the time that I had misunderstood the agreement I was entering into, as I wanted to consolidate my existing CC payments

and the new HFC payment was significantly more than this

- I put this down to my confusion at the time, on reflection I think their tactics were shoddy to day the least but you live and learn!!

 

I buried my head in the sand for quite some time and eventually HFC took me to court and got a CCJ.

 

I then contested the payment and went to a hearing, where I was told by a Restons idiot that I was 'insolvent, ma'am' (!) which really spurred me on to start to take control of my situation.

 

I am happy to say that in the last 5 years I have completely paid off a number of creditors and continue to pay the rest, all due to be paid in full by 2014.

 

However, in reviewing my HFC account recently,

I realised that I didn't think they had applied my original 5 payments on the loan to the figure they have on my CCJ.

 

I SAR'd them, which they have replied to today, less than 40 days, which I found surprising.

 

However, when I have looked through the information they have sent, they have not sent anything pertaining to the CCJ at all.

 

Do I need to now SAR Restons to marry up the payments?

 

The statement of my acccount from their computer system that they have sent me says I owe about £3k, which will be correct,

but with the charges they beasted me for, I will still owe about £9k in reality.

 

Neither Restons or HFC has ever sent me a statement of account - is this against FSA guidelines and if so is this anything I can pursue?

 

Once I have determined whether they have actually credited my account with the payments I made,

I want to know if there is any way I can 'contest' the charges they have applied to the CCJ.

 

I know I should have done this at the time but I was going through a marriage breakdown and not thinking clearly

- however the amount I have paid back monthly is only £40 less than what was on the original agreement,

so it seems really unfair that they have turned an £8k debt into £15k.

 

If there's nothing I can do then please feel free to tell me I was an idiot, I learned the hard way!!

 

But I would really love to be able to make things hard for them

- I am actually soon to be in a position to pay the whole outstanding debt off,

but I would love to minimise how much that actually is.

 

Any advice would be gratefully appreciated

[ims21]

Hi

 

Did the SAR response contain a full statement of the account? If so do the first 5 payments not show in there?

 

If you didn't get a statement or transaction history then they have not complied with the SAR and you will need to send them the failed SAR letter from the library.

 

If you have penalty charges on the account then they should be reclaimed too together with the interest (if any) as a result of them.

 

No point in sending a SAR to Restons.

 

You say they have added charges to the CCJ? What does it say in the actual judgement?

[dx100uk]

yes scan up the CCJ please

 

unless there is SPECIFIC mention of post judgemental charges or interest

 

they CANNOT charges them.

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[missvic]

Hi,

I will upload the CCJ etc, but can't do it until I have access to my other computer at the weekend.

 

In the meantime, the CCJ does state the total amount including interest and charges, including court charges, etc.

 

The total was just over £15k, for an £8.5k loan

 

But it is included on the CCJ.

 

The SAR response does include a statement of account,

and it does look like they have taken the original 5 payments off in the beginning.

 

But what I don't understand is the running balance of the loan now looks like about £3.5k

- where do they account for the additional charges included in the CCJ and how would I therefore separate it out?

 

The statement of account is not very specific about individual charges,

and the CCJ just says, including interest and charges.

 

Sorry if this is not enough information, but I will upload the other docs at the weekend.

 

Thanks for coming back to me though.

 

Is there precedent for contesting the interest and charges being added to the CCJ?

 

Thank you all for your help!!

[dx100uk]

can you not use a mobile phone or camera?

 

but does the judgemebt box SPECIFICALLY state POST JUDGEMENTAL

charges & interest maybe levied?

 

dx

[missvic]

Hi dx,

Thanks for trying to help,

I don't have a camera phone or camera where I stay during the week unfortunately

but I will check the paperwork and post the info you have asked for.

 

I know the judgment amount included the fees etc,

so there was no separation of interest and the original loan debt in the judgment amount.

 

I will check the exact wording though and I will post up as soon as I can, thanks again!