Can they put a charge on my property?

[mazel01]

I have got an unsecured loan with HFC and have been paying reduced monthly payments to them for the past 5 months as I could not afford to pay the original amount. They called me this morning to say that if I don't start to pay the full monthly instalment then they will place a charge on my property.

 

This is an unsecured loan, can they put a charge on my property?

[Curlyben]

Well before they even think about this they would have to take you to court and then, if you didn't keep up the agreed repayments they could apply for a charging order.

 

As ever they are talking out of their collective bottoms.

[mazel01]

So how should I handle it now.

[Curlyben]

Now to keep things nice and simple I'd get in touch with Payplan or National Debtline and set up an official repayment program.

 

This should keep them off your back.

 

Also NEVER talk to these "people" on the phone as they will say anything to get money out of you.

[mazel01]

One thing I haven't mentioned is that the reduced monthly payment was agreed with their solicitors 'weightmans'.

[Curlyben]

Doesn't really matter call Payplan or National Detline or even CCS and get a proper DMP going.

This will stop these kind of calls.

[birchave0]

send them a full sar/cca request, HFC have a habit of not having credit agreements:D

good luck, and curly bens right, never speak to them on the phone, put it all in a letter!

 

best wishes

birchave:)

[mazel01]

So should I send the CCA request to Weightmans or HFC?

[Curlyben]

Waste of time sending it to a solicitor, so go straight for HFC.

[mazel01]

Will this effect any of my rights if I have had a payment arrangement already in place and now I am suddenly sending them a CCA request?

[Curlyben]

Not at all.

You have the right to request a copy of your agreement at any time.

[mazel01]

What happens if they do/or when they send me the CCA?

 

Whats the next procedure?

[Curlyben]

We check it to make sure it's 100% valid and go from there.

Also your SAR should be returned and you can work on getting charges reclaimed.

[mazel01]

Thats great I will get to work on it now.

 

One last question....once I send this CCA request does it stop them from taking any further action whilst this is being dealt with?

[Curlyben]

This does but your account in dispute and give you some breathing space, yes.

[mazel01]

Thanks Curlyben for all your help.

[Curlyben]

No problem

[sequenci]

a few things to bear in mind.

 

a) if they are trying to force you into paying an unrealisticly high sum it could be against the OFT's guidance on debt collection. I think it is s2.6f which covers this (have a read of the guidance by following the link in the "stickies" at the top of the forum).

 

b) court action should be used as a last resort, anything but could go against the "overriding objective".

 

c) if you have many creditors then a DMP could be a good option if you cannot meet your contractual monthly instalments.

[Curlyben]

Here's the OFT's guidance: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

As my learned friend mentions section 2.6f does apply.

pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

[mazel01]

O.K....do I still send the CCA request to start the ball rolling?

[Curlyben]

YES, don't hang about.

Also send a SAR as well and see how much in charges there are.

After all you'd rather pay what you truely owe and NOT their inflated, unlawful charges.

 

There's a template letter here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[mazel01]

I have just plucked up the courage to open some mail that arrived this morning and what a surprise I have received a letter from the solicitors acting for HFC (Weightmans).

 

' They don't recall receiving this months reduced agreed payment and unless it is received within the next 3 days, they shall commence further legal proceedings without further notice....they are referring to this charge over my property.

 

I cannot afford to pay this within the next 3 days, so hopefully they should receive my CCA request tomorrow as I have sent it to both them & HFC.

 

This will then put the account into dispute and buy me some time...am I correct?

 

I am so worried about this

[gizmo111]

O.K....do I still send the CCA request to start the ball rolling?

 

Yep and aSAR request - Weightmans are known for puttin on huge charges -

[mazel01]

I am just going through my paperwork from this lot and have come across 2 Default notices for the same loan/account no. One dated September 2006 and the other Feb 2007. I thought they cannot serve more than one default notice on the account?

[vandermerwe]

It's a hassle. It's a nuisance. Especially when the Post Office closes at lunchtime, but please remember to send all mail by signed for recorded delivery.

 

It's £1.04 (I think) - quite outrageous but you'll love it when the receipted signature comes up on the Royal Mail website.

 

Regards

 

Vandermerwe