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Do I have to make payments on a voluntary charge - HFC cc debt


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Hi all.

I originally had a debt with HFC bank on a credit card to the tune of £9838.

 

My monthly payments were 172 and suddenly, Weightmans wrote to me threatening me with a CCJ if I did not consent to a voluntary legal charge. They refused to accept my £172.

 

To cut a long story short, I did agree to the charge because at the time, I was under severe emotional stress - my Dad was dying from a terminal cancer, which Weightmans knew!

I have just received a letter saying that I can get a 50% reduction on the debt!

 

But: I cannot afford this right now even though there is a charge on my home.

What I have noticed is that Weightman's client is now Phoenix Recoveries UK LImited S.a.r.l.

 

Can I CCA Phoenix, or is it best to CCA Weightmans.

The card was staken out in 1998.

Also, if I DO CCA them, will they get frisky and threaten me with getting me to sell the house.

I do have aletter from them saying it was not their intention to do this which is why I agreed to the charge - stupid, I know.

 

Any advice greatly appreciated :)

xxx

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A charging order nudges them further up the queue of creditors when it comes to being paid in the event your property is sold. In effect it turns an unsecured loan into a secured loan, but saying that they would still need a court order to force the sale of any property and given that you have made regular payments it would be extremely unlikely for them to succeed in any event.

 

I would be very suspicious of their 50% reduction of the alledged debt. If they have an enforceable agreement, regular payments from you and a 'Charging Order' they wouldn't need to make such a fantastic offer.

 

Requesting a CCA would be the way to go, just to see exactly what they have got in respect to a valid agreement.

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Thanks guys.

One thing - I have not made any payments since 2007 which is when I signed the voluntary charge. I was not required to since Weightmans said it was to protect their client's interest.

 

42 man - you mentioned that I should be wary of Weightmans and stat demands. Do you recommend I do not rock the boadt by CCing them with a CCA?

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Thank you.

Can't bear idea of losing my house over this???!

A charging order nudges them further up the queue of creditors when it comes to being paid in the event your property is sold. In effect it turns an unsecured loan into a secured loan, but saying that they would still need a court order to force the sale of any property and given that you have made regular payments it would be extremely unlikely for them to succeed in any event.

You won't lose your home.

 

Once you've determined whether there is an enforceable agreement in place or not you can decide what route to take. If it is unenforceable it is just that, they will not have any legal right to enforce payment & any charging order will be worthless. If it is enforceable you can then make an offer which is reasonably affordable to you, if they refuse & decide to apply for a CCJ a judge will look at your circumstances including any offer you have made. He and only he will decide what in his estimation you can reasonably afford to pay & that could be as little as £1 per month.

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  • 4 weeks later...

Hi, no reply from Phoenix - 5 weeks!

 

Have signed POD.

Called Weightmans who said if Phoenix cannot supply CCA, then HFC - original creditor - would supply "reconstituted" copy!!!

Not acceptable methinks!

 

I told him the debt was unenforceable under Consumer Act, he disagreed.

 

Weightmans have a voluntary legal charge over my property over this "debt" - HFC credit card.

 

If they CCA cannot be supplied, can Weightmans legally still hold a legal charge over my property?

 

If not, what steps can I take to get it removed?

 

Thanks

x

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  • 9 years later...

Dear all and happy New Year!

 

Lovely Mortimer Clarke Solicitors have just written to me (attached JPG).

 

In 2008, I agreed to a voluntary charge with Weightmans who steamrollered me into a voluntary charge upon my property.

It was a bad time as my dad was very sick and the cc card had been run up to help pay for treatment

(Weightmans were made aware but still continued threatening court action or a voluntary charge.

 

Now it seems that Marlin, who looks like they bought the original HFC cc debt have passed the account to these lovely people.

 

I have a couple of questions please:

 

1.) Do I have to pay to make payments as asked?

2.) Could I in any way challenge the original charge by CCAing Mortimers?

 

I know it's not a statute barred debt as it's a charge but the last payment made was in 2008 to this account.

 

I also consider that the letter is almost tantamount to harassment given the time of year and being asked to pay a huge debt within 14 days.

 

Does anybody have any advice or ideas please in response to my questions?

 

Thanks in advance!

mortimer.jpg

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3 threads merged for history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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is this a joint home and joint debt or just your home and your debt?

 

I can instruct my dog to sit

if it does is another matter.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

I have just sent to a SAR to HFC Bank

 

I have received the following letter that confirms that no CCA exists whatsoever.

 

"A copy of the original credit card agreement is not enclosed as it is not held electronically or in a relevant manual filing system.

If it is held it will be in a manual format in a non relevant filing system (as defined  by the UK Data Privacy Laws).

HSBC is satisfied its search procedure meets the Information Commissioner's guidance."

 

Can MC force me to make payments or if they do not accept a lower offer of payment per month , will they find it easy to force the sale of my house with the VCO despite no CCA existing and evidence from Weightmans saying there was no intention to get me to sell the house.

hsbc no credit agreement - blanked-PDF.pdf

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as stated numerous time here already, they cant force it's sale.

the charge is all but worthless now as they [was it Mortimer?] have confirmed no agreement exists.

without an enforceable agreement, its going nowhere.

 

and neither do you have to pay anything.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not sure thats quite correct DX

 

Have you actually looked a your deeds and checked the wording of this Charge and how it registered against your property ?

Just to confirm there has been no court involvement or judgment at all with regards to this debt...that you simply agreed to a voluntary legal charge to secure the debt to the creditor?

 

Regards

 

Andy

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yes I was just reading this:

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi.

Here is the wording on the title register:

"5 (****) Charge dated ***** in favour of HFC Bank Limited"

 

I think that there was a CCJ but it was set aside when I agreed to the VCO. Here's the thing _ I've looked through all the records sent to me by Weightmans and while they tell me that judgement was made, I never received any confirmation so it may have been a bluff.

 

I have attached the CH1 too.

 

Please let me know if there is anything else I can get to you.

 

Thanks so much for all your help everyone.

CH1 CAG.pdf

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