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    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
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    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
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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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Have a look  

And no point checking credit registers or the CCJ Trust Files as its over 6 years and would have vanished.

it could be the key here.   dx  

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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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Blue eyes....be wary of Weightmans, it seems they are starting to issue stat demands too...!! If you have any problems please give me a shout...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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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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Now that you have been contacted you should CCA them because you are now back on their radar. You really need to know whether their is an enforceable agreement in place to determine what your other options will be. ;)

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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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Yes a charging order makes them a priority creditor in the event that you sold your property. It is highly unlikely that they would apply to a court to force you to sell & even less likely that they would succeed.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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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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