Charges from solicitor for hfc debt

[frankaai]

I have been paying a loan off through attachment of earnings from start of 2010,

 

i have been paying a 100 pounds month which comes out of my wages,

 

i have rang the solicitor this morning and asked how much their charges where etc,

 

they are going to ring me back,

 

but i think their charges on top of what i owed hfc was around 1000 pounds,

 

this actually went to court before,

 

its not a ccj,

 

but the loan originally was 95 pounds a month for 5 years,

 

the judge originally said i had to pay 150 pounds a month,

 

i stated that the original payments where only 90 so he agreed a 100 pounds,

 

i did not have a solicitor with me because i could not afford it at the time, wish i did though.

 

.. is there anyway legally i can get the charges knocked off??

 

maybe a silly question

[citizenB]

If the charges were added to the judgment debt then I don't think you will be able to remove them. If they weren't, then I don't think they can add these on afterwards. Your debt is purely what the Judgment order states. Do you still have a copy of that ?

[frankaai]

If the charges were added to the judgment debt then I don't think you will be able to remove them. If they weren't, then I don't think they can add these on afterwards. Your debt is purely what the Judgment order states. Do you still have a copy of that ?

 

HFC passed it to their solicitors here in Belfast, i have a copy from the enforcement of judgements order, the original debt was only 5119.00, on the original attachment of earnings order it says the amount is 6729.49, then i got a second order before i went to court which didnt mention the amount at all, when i went into court hfc solictior was there and she gave me my contract from hfc which said i owed 5119.00, nothing was mentioned about the 6729.00 i am trying to get hold of the solicitor but he is dodging me at the min..... should i ask him when he put the charges on etc?

Edited May 19, 2013 by slick132
set the quote box to show properly

[frankaai]

i have both letters here one saying please find enclosed attachment of earnings order then another saying please find enclosed notice of hearing of objection to an order.... heres a picture of part of the letter of the attachment of earnings, but the actual amount of owe is 5119.00

 

 

[ATTACH=CONFIG]43900[/ATTACH]

Edited May 18, 2013 by citizenB
Removed personal information

[frankaai]

the thing was its now off my credit report as it was so long plus it stated it was late payments , it wasnt defaulted....

[citizenB]

I have removed the personal stuff from your document and converted it to pdf.

 

 

 

You are ordered to make out of those earnings periodical deductions in accordance with Article 73 (1) of the Judgments Enforcement (Northern Ireland) order 1981 until £6,729.49 the amount recoverable under theJudgment has been paid. For the purpose of calculation the said deductions the normal deduction rate shall be £40.00per Week and the protected earnings rate shall be £150.00 per week.

 

 

 

This is the most important part of the Judgment. You have been ordered to repay via your wages the sum of £6,729.49 @ £40.00 per week. It is my understanding that you are entitled to earn £150.00 per week that is protected, so if you earn less than that, then the monies cant be deducted, but I am sure others will be able to confirm this for sure.

 

Once that £6,729.49 has been repaid that is it.. there is no allowance for adding interest etc..

 

So, what you should be doing is working out how much you have already paid and deduct it from the sum in the Judgment order - that is what should be left.

 

Hope this helps.

Edited May 18, 2013 by citizenB

[frankaai]

i thought i took out all the personal info out of it?

[frankaai]

Thanks

[citizenB]

Nope, you left your name in at two places and also the case number !!

 

See my comments in the post above yours.

[citizenB]

I will send an S.O.S on your behalf and ask for someone who knows about these things to look in on the thread.

[citizenB]

frankaai, do you have a copy of the original summons/particulars of claim? That way we can see if the interest/charges were requested at that stage.