HSBC/DG CCJ/CO - old OD - cleared, now what?

[DesperateSusan]

Hello,

 

firstly, I've messed up big time, though circumstances and ilness I'm in a predicament.

 

I had some bank charges from HSBC. About £2000. I didn't deal with it and it went to court and they got judement against me.

 

They then put a charge against my house and now I have had a letter from the court saying that unless I pay the now £3250 they will send the bailiffs. Which will add more to the debt.

 

I'm not in a position to pay the whole lot, but I can pay a few hundred, maybe more.

 

Please can someone suggest the route to take and help me write letters.

 

Thank you,

 

Desperate Sue

[cerberusalert]

Moved to the legal Forum.

[DesperateSusan]

Anyone?

 

Will a simple letter to the court / dg solicitors stating I can't afford the full amount, but offering, say £50 per month be the way to go?

 

Thanks

[Ganymede]

I'm pretty sure that the CO should be removed if the Claimant wants to use bailiffs/HCEO to recover the debt...

[Ganymede]

I'm pretty sure that the CO should be removed if the Claimant wants to use bailiffs/HCEO to recover the debt.

 

They can't have it both ways!

[DesperateSusan]

Thanks, Ganymede,

 

So how would I go about this?

 

Sue

[nometer]

You need to submit an n245 form to the court asap, this can be downloaded from the internet.

The form will suspened any warrent of execution and also make your affordable offer

[DesperateSusan]

Thanks, Nometer.

 

I've got one of those forms.

 

I have a couple of questions:

 

1) I have some considerable credit card debts, none of which I'm paying off as they have failed to produce a valid CCA. If one does turn up and I have to start paying, I guess I will have to apply for a change in payment.

 

2) I have some luxury expenditure - for example I send a daughter to a private school, she's approaching her GCSEs so it would be unfair to remove her, but how will the court view this?

 

3) I have recently changed job. I took a pay cut for a shorter commute. The thing is that I haven't had a proper pay day yet - the two I have had there has been no tax taken, so my current account looks quite healthy at the moment. I guess I just haev to explain that.

 

4) I owe ground rent and management fees of about 2k on a buy to let property that makes no money. How should I handle that?

 

I'm looking to pay about £50 per month. Is this likely to be acceptable to HSBC, or will they want more and use the CO to force the sale of the house.

 

Thank you so much for your help, all these issues just get on top of me sometimes.

 

Sue

[DesperateSusan]

The other thing is that I was not on the paperwork for the charging order - the papers only went to my other half. In fact this latest letter I have now has his name typed, then my name added in in scrawled hand-writing. And the date the payment must be made by is handwritten and illegible.

 

This can't be right, can it?

 

Thanks again,

 

Sue

[Docman]

Sue

 

When you say your name wasn't on the paperwork, so you mean on the original judgment & claim or just missed off the CO in error?

 

Doc

[DesperateSusan]

Just missed off in error - though the outcome was I didn't see the paperwork for the CO court appearance.

 

Thanks,

 

Sue

[toddle2u]

I'm pretty sure that the CO should be removed if the Claimant wants to use bailiffs/HCEO to recover the debt.

 

They can't have it both ways!

 

Unfortunately they can. Went to a case about 3 weeks ago and in the first instance the Judge said the same - that they couldn't have it both ways. The claimants solicitor came up with some case law which showed they could and the Judge had to allow it.

[DesperateSusan]

OK - I sent off an N245 with income and outgoings and an offer to pay £50 per month with a £50 cheque and the court fee.

 

I haven't heard back from the court and it is the next month - do I pay £50 to the court for this month even though I haven't heard?

 

Thanks,

 

Sue

[DesperateSusan]

Hi,

 

I have a CCJ which was for overdraft fees with HSBC.

 

The amount was about £3000.

 

They won the case and a £50 per month payment was agreed with the court which I have been paying regularly.

The amount outstanding is now down to about £1500.

 

I recently had a letter from DG Solicitors saying that because I had kept upto date with repayments that they thought I could afford to pay more.

 

The letter also suggested that they may offer me a discounted full and final payment and I should call their office to discuss this.

 

My situation has changed and I can probably afford to pay more, but the £50 a month suits me at the moment.

 

I am interested in the full and final offer, but I can't see how I can approach DG solicitors about this without indicating to them that I could afford more than the £50 a month.

 

Is the F7F offer likely to be at a significant discount?

 

Is there a good way of approaching them about it?

 

 

Thanks,

 

Sue

[dx100uk]

they PCM was set by the judge

 

DG CANNOT change it.

and if they do, they are in contempt of the judges ruling.

 

so you are safe to write and offer a settlement.

 

i'd suggest starting off at £500.

 

when did they get this CCJ?

 

dx

[DesperateSusan]

Thank you.

 

I forget exactly when the CCJ was made - it was about 3 years ago.

 

Sue

[dx100uk]

should be on your credit file

 

dx

[DesperateSusan]

 

Yes. Is the date important?

 

Here is a photo of the letter - looks like a standard letter to me.

 

 

 

Sue

[renegadeimp]

Follow dxs advice. They seem to think they are above the law.

[dx100uk]

you said a CCJ.

 

so they got a charging order too?

 

dx

[DesperateSusan]

They did. CCJ and charging order.

What's most annoying is that the debt was entirely made up of bank charges.

(At least the debt before court and solicitors fees etc).

Thanks,

[renegadeimp]

Did you ever use BCOBS or get the FOS involved?

[DesperateSusan]

I never used BCOBS, but I did start down the track of reclaiming bank charges - everyone was having a go back then - but I didn't follow through with it. I was over whelmed by other stuff going on in my life at the time.

I think I am more able to cope with things now, but doesn't the fact that HSBC/DG won in court mean that I have no recourse now?

Thanks,

Sue

[dx100uk]

a charging order does not actually 'have' to be paid

 

unless the judge orders it.

 

so did you attend court

on the CCJ

and the CO?

 

dx

[DesperateSusan]

No, neither.