HFC/Weighman's 2006 CCJ - Still paying £10PCM but recent payment returned to sender

[malgoode]

I have a county court order made in 2006 to pay £10 a month.

I have never missed a payment and always paid by standing order 2 weeks before due date.

 

The debt was for a credit card and the original amount was £11,440.80 including solicitors and court costs. In my naivety I admitted the debt without any proof of how the amount had been calculated.

 

Weightmans solicitors went back to court in about 2007 requesting for a charge on my house and a change of payment amount.

 

I attended court.

The Judge denied the charge on the house taking into consideration it was joint owned. The judge asked solicitor what had changed to warrant a payment change.

 

The solicitor  said nothing had changed but the original CC agreement was for more. The Judge said that the original agreement was null and void because a court order had been made and if nothing had changed there was no reason to vary the original order. 

 

The solicitors costs and court costs were added to my outstanding amount but upon my complaint, removed. I continued with my regular payments by standing order.

 

2 years ago, january 2019, I received a letter form weightmans REDUCING my debt by £1814.79 with the reason given that there had been a mis-calculation. In my mind this means that the original amount must have been incorrect and that the fees charged may have been higher than they should have been.

 

I continued making the standing order payments and the amount still outstanding is £7956.01.

 

I always made sure payments were made in good time because I did not want to give weightmans a reason to be able to re-open the case and ask for a higher payment.

 

I am 77 years old and living on a reduced state pension of £121 a week so life is financially difficult for me without increasing payments.

 

However, this month my £10 standing order was paid on time as usual but weightmans returned the payment to my bank. They are obviously very tricky and I can only think that they are trying to put me into arrears to enable them to go back to court again.

 

I do not want to talk to them on the phone and have only ever dealt by mail with no contact at all since the court appearance 14 years ago.

 

Can anyone advise me what I should do to avoid them being able to vary the original court order.

Thanks in advance.

[BankFodder]

My site team colleague @dx100uk will probably be along later or tomorrow to help you – but in the meantime I suggest you send them an SAR. Also make sure you keep the paper trail so there you have all the evidence to hand.

[dx100uk]

Who was the original creditor

what type of credit was it

who was the claimant

[malgoode]

It was a credit card. So long ago I cant remember which card but I think I got it through Saga.

 

 

Of course, after such a long time it is not on my credit report now even though I am still paying it. My credit report is now a million percent perfect.

 

[dx100uk]

Who took you to court who was the claimant?

anyway

you are safe to not worry about their threats 

in fact it would be a very positive thing to get it back into court

as i bet you were scammed in the first place.

 

Shame you opposed the co as it would only have been a restriction k which on a jointly owned property is all but useless.

You saddled yourself with a payment scheme.

 

Dx

[malgoode]

 

 

I have found the original judgement.

Claimant was HFC and payments were to Wightmans.

 

I did think of making a manual payment to weighman's to see if that got returned too, after all the judgement does state to pay them. 

 

If it did go back to court, do you think I would have a chance of having the judgement cancelled and wipe the debt after such a long time? After all, I do believe that a lot of trickery has gone on with this case.

 

Yes, I am sure that I was scammed but at that time I had no knowledge as I do now.

I should have defended it not admitted it.

 

A year later, after getting educated on the situation, I had a similar case with Barclaycard which was total fiction other than around £1000. I did fight that and had the whole debt written off including the amount I did owe. Hindsight is fantastic but expensive thing. 

 

Getting back to Wightmans, they did at one time write stating that there was a charge on my property and that they would enforce it if I didn't contact them to arrange a new payment schedule. The charge did not exist and still does not (I checked) because the court refused it. Pure trickery. I simply ignored their letter and continued paying £10 a month as instructed by the judgement and nothing happened.

 

But it would be nice if I could have the judgement cancelled after all their trickery and the stress they have caused me over the past 14/15 years. They have had a real lot of money out of me especially with the huge interest and charges they added that I should never have been liable for.

 

Otherwise, I am happy to just pay them £10 a month until I die so long as I don't get forced back into court to pay a higher, not affordable amount. 

 

Thanks to all of you giving me advice.

 

 

 

court order.pdf

[dx100uk]

pers i'd simply stop payments

they know your correct and current address, it can't hurt you, if things get sticky then you simply resume payments.

 

it is sooo many years down the line that i bet all records are now well destroyed and no-one will be able to prove anything.

they can't simply rush back to court in an instant and you'll get suitable notice of that happening and again you can always resume at no penalty even then.

 

i think we'll see what they write with and then give them a bit of a run around with various requests and see what game they want to play.

i would suspect that HSBC whom now own all HFC stuff (and is now the claimant) will have zero knowledge of this debt, the CCJ norseen any payments in +10yrs if they ever received any through the scamming weighman's at all - whom can't do anything themselves without instruction from the debt owner (i bet it was sold on years ago too!)

[malgoode]

OK - thanks.

I will take your advice and see what happens.

 

After all, I did pay them, they are the ones that returned the money and I can prove that.

Next month the standing order will be automatically paid again so we will see if they return it again.

 

In the meantime I will sit tight and wait to see if they write to me.

I refuse to deal with them by phone and have told them that in the past so they may be trying to force me to call them to arrange a higher payment but as the judge told them all those years ago, once they take it to court the courts decision is final and they have no right to any other agreement.

 

I truly appreciate your help. Thanks.

[dx100uk]

no stop payments!

[AndyOrch]

Quote

Next month the standing order will be automatically paid again so we will see if they return it again.

 

Yes and if they do ...keep a paper trail ...but leave the payment in force. Possibly email Weighmans and ask why they are returning the payment.....then you have your own paper trail with response.