Charging Order on Home.

[Pen]

Hi, one of my problems is 2 years ago HSB sold my Credit agreement debt of £900 to TFI credit agency. TFI took me to court and got a Charging Order placed on my home. I did not think I owed HFC but could not prove otherwise I showed the court all my bank statments proving my payments but what with chargers etc the debt had risen from £900 to £1800. I had no legal help. The Charging Order has intrest added to it on a daily basis so the debt is piling up. I took out the credit agreement in 1999 and moved house in 2000 so I had not heard from them untill the Charging Order. If I do owe this money as the court says I do then they must have been chargers made on the account. Who would I claime them Of as I would like to get rid of this chardging Order and these would help to pay it. Also do you think TFI would except some sort of part payment to clear it

Any advice would be helpful

Pen

[dolfos]

Hi, one of my problems is 2 years ago HSB sold my Credit agreement debt of £900 to TFI credit agency. TFI took me to court and got a Charging Order placed on my home. I did not think I owed HFC but could not prove otherwise I showed the court all my bank statments proving my payments but what with chargers etc the debt had risen from £900 to £1800. I had no legal help. The Charging Order has intrest added to it on a daily basis so the debt is piling up. I took out the credit agreement in 1999 and moved house in 2000 so I had not heard from them untill the Charging Order. If I do owe this money as the court says I do then they must have been chargers made on the account. Who would I claime them Of as I would like to get rid of this chardging Order and these would help to pay it. Also do you think TFI would except some sort of part payment to clear it

Any advice would be helpful

Pen

 

I'm not sure I hope and am sure someone else maybe able to help.

Have you tried speaking to citizens advice?

[Pen]

Hi, Yes I went to CAB when I first got the Court Order asking me to attend court. I lost my job due to being diagnosed with a very rear terminal illness and although CAB helped me with some issues re benefits I have to say they where no help at all with most of them They even encouraged the company I worked for to take out a charging order on my home instead of making me Bankrupt for a company car loan. when I was given early retirement the car loan needed to be payed in full under the terms of the loan agreement and as I no longer worked with the company and had no earnings I just couldn't pay it so they also placed a charging order on my home.

CAB wrote to TFI informing them of my illness and asked if they would take reduced payments I was worried that my family would be left with the charging orders on our home, (please see my thread in the Lloyds TSB section Pen-v Lloyds for further info) I think that was why they put the charging order on my home in the first place. I am now worried about the interest that is being added to it. The original loan with HSC was for £900 it could now turn into thousands is this fair also would putting my home in a trust fund stop other companies placing Charging Orders on and if so how much would this cost to set up.

Thanks

I am in such a mess, Pen

[Pen]

hi kernevil.

The anwser is no, with TFI what they done was applied for a intirum charging order then went for the CCJs because by the time I went to court with the CCJs the interum charging order was all ready on my home so at the ccj hearing where I attended to defend my case the judge went on the side of TFI let it stand.

 

I was not invited to go to court to defend the interum charging order this was done with out me knowing. I recieved a letter from the land register informing me of the action.

With regards my company I could'nt attend the hearing as I was very ill, I explained I have a terminal illness and the macmillian nurse was visiting me at home. I despretly wanted to defend my case as I did not think it was right that a company could terminate someones employment which they had done insisting I take early retirment on grounds of ill health and expect me to pay £8000. stright of knowing I was living on benifits. They take away my means to earn a living and then expect me to pay them a lump sum. But as I was very ill I could not attent the court and the judge heard the case in my absence. My husband called the court on the morning of the hearing but it made no difference. I am now stuck with 2 charging orders both of which I think are unfair as it will be my family paying in the end.

Pen

Pen.

[Pen]

Is there no one whose been in this position or has knowledge of charging orders who can to advice me please

[Pen]

is there still no-one out there who is able to advice me on this issue?

Pen

[breadline]

Pen

I want to send you a post of support.

with great feeling for what you are going through.

I can assure you if there is some one here who can help you they will do.

 

There is to much of taking advantage of illness with these companies.

Last year i tried hard to organize my debits when i was taken ill and could not get a diagnosis.

I did not know what was ahead but it was'nt good, and all i could think of was my son and his home and trying to protect it.

But I couldnt find any companie who wanted to talk to me with a decent approach i tried to explain my position and i was invisable.

 

These companies need to be stopped causing extra suffering its totally unnecessary.

 

I hope we can provide some relief for you from these worries

 

BL xx

[breadline]

Can i ask what happened to the vehicle did they take it back?

[Number6]

Pen

 

The company you worked for - is it a private company or some part of National or Local Government?

 

How long had you worked for them?

 

Pete

[Pen]

Hi Breadline and Number 6, sorry it's took a long time to reply.I just didn't think anyone replied to my post. I have posted so many in different threads seeking help and advice on one thing or another. A illness brings about so many problems.

 

The answer to the questions are. Breadline, I have now sold the car to pay other bills once the charging order was placed on our house.

 

Number6, I worked for the Local Authority in a professional capacity for 8 years. would you believe a very caring and supportive organisation I don't think. so my pension was only very small and in fact i decided to take the monthly pension rather then the lump sum which has buggered me up for benefits. Last year I read an article in a magazine it stated that you could no longer lose your job due to illness so in view of that I applied to the employment tribunal for unfair dismissal but because my claim was out of the time frame I could not do it.

I have put our home on the market to try and release some capital to buy a smaller house thereby getting rid of our mortgage which would be a great help but I don't really want my family to lose there home because of my illness,

Bread line I do agree with you, no-one wants to know when you are very ill it's the worst thing that could ever happen as there is no light at the end of the tunnel. but being on this site does help as everyone is in the same boat and its not embarrasment to say you have financial problems on here as it would be elsewhere

Sorry to rabbit on

Pen

[Pen]

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[dissonantdreams]

Hi Pen,

 

I didn't want to read this and not post, although I'm not sure how much help I can offer. I'm sorry to hear about your illness. I too lost my job a few months ago due to sickness and have had a total nightmare with both my former employer and the DWP regarding my pay and benefits. It does seem that when you get ill, nobody wants to know.

 

If Citizens Advice have been no help to you, I could suggest Dial UK - they are an agency who provide services for disabled and sick people (although I don't have a disability as such, my illness is still covered under the Disability Discrimination Act, as I'm sure yours will be too, and they can still provide help). Their website is Welcome to dial UK and hopefully they will have a branch near you who you may be able to make an appointment to go and see, and explain things. They will have trained welfare rights officers who will know about the laws surrounding your situation and hopefully be able to point you in the right direction, and offer support.

 

I hope things start to get better for you soon.

[djweeble]

HI Pen.

 

Start off by sending all the companies involved a S.A.R. this will at least give you the proper figures to start the fight back with.

 

I have a CO on my house with Link (Leech) Financial Services, from an old MBNA debt, I'm just waiting for the information coming back from MBNA and I'm applying for a set aside myself. I'll also be using the bit about not authorising Link to process my data.

 

I've got a fair bit of head work to do yet sorting this one out, but it has to be worth a try, and the more I think about it, the more I'm convincing myself it will work. It just seems to be plain common sense and a natural progression from the whole unfair charges affair.

[Pen]

I agree with you DJweeble it does make sense to progress the chargers further, I am sending the S.A.R - (Subject Access Request) to start the ball rolling, what do you mean with regards not authorizing Link to process my data. I have heard that companies are using charging Orders more and more as they have nothing to lose and everything to gain, you will sell your house at some point and can you imagine the size of the debt in say 20 years. It's just not fair.

Please keep us all posted with your progress on this issue and I will do the same. there is also a thread from George, I sure he will also keep us informed on how he is getting on. I think if we each pool all our resources we will win, I would like to know the damagers we could claim when we do, dissonatedreams, I will check out the web site you mentioned, thanks for that

Pen

[Pen]

Hi everyone, I have waited an age for HFC to get back to me with my data request. Some months ago I received a letter from TFIs solicitors TFI purchased the Hire agreement from HFC, The solicitors sent me a set of statements and nothing else, no credit agreement, assignment details and no details of legal intervention they informed me that all enquieries in the first instance needs to be posted to them. 4 weeks I sent HFC another letter stating that the have failed to responded to my S.A.R - (Subject Access Request) request and giving them a further 7 days. Today I received a letter from them stating they where sorry but their first letter then sent me went to my old address and they have no information of my account as they gave it all to TFI when the account was assigned.

 

I have now sent another letter to TFIs solicitors repeating my request for SAR info also I asked for a breakdown of the costs £800 that have recently been added to the account.

 

Could anyone tell me who is responsible in supplying me with my SAR request, is it the original debaters or TFI who bought the debt,

 

Any advice please

Pen

[Pen]

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