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HFC/TBI and charging orders- please help!
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# 1
indebt123
Old 04-12-2012, 1:45 PM
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Default HFC/TBI and charging orders- please help!

I took out a loan with HFC bank many years ago and due to unforeseen circumstances, I have been making pro-rata payments to TBI whom HFC sold the debt to, for some time. Every now and then, TBI have asked for a update on my financial situation which I have given them and I have just carried on with the repayments.

Three years ago they threatened legal action as my payments were no where near enough what they wanted and the debt would not be cleared anytime soon. I currently owe 1330 and pay 5.00 a month. I have other creditors too. Nothing ever came of this.

Back in the summer, TBI got back in touch and requested a new financial statement and to increase my payments. I offered to increase to 10.00 a month, to be reviewed again in 6 months as at that time,I was working more hours and completing a new I&E with the CAB so I would have been increasing the payments anyway.

I never heard any more and forgot all about it,just still paying them 5.00 per month.

Anyway, out of the blue this morning, I have received a letter from David Jones solicitor (on behalf of TBI they say,) stating they want the debt cleared in 3 years time or a voluntary charge to be signed by myself and dh for repayment of the sum against our property. They would agree to accept payments of 5.00 per month for 24 months and then to be reviewed if this was done. They advise me to seek legal advice. The other option is that they pass to debt on to external solicitors and obtain a CCJ, plus interest at 15%.

I am absolutely frantic. They are giving me 28 days to give my proposals. They will not acknowledge my previous offer of 10.00 as they claim they didn't receive the letter.

OMG, what do I do. I am due back at the CAB in January to review my repayments as I can again increase repayments and most my other creditors are fine. This will be over the 28 days time frame tho and CAB are not answering my calls.

Please help me.
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# 2
indebt123
Old 04-12-2012, 4:57 PM
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anyone around,before I get bumped off the page
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# 3
Lensman
Old 04-12-2012, 7:18 PM
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Most people read back 3 pages, so please don't be too ready to bump.

This is a debt collection tactic (although a new one on me).

How many years ago was this taken out? Before 2007? If so, you might want to get them to send you a copy of your credit agreement and statement of account. This is a "CCA Request". If they cannot get a copy it might force them to re-think.

You should also phone National Debtline - let them know that CAB are dealing with your case but you can't get the urgent advice you need for this case.

You are along way from a charging order yet - and please do not consider changing or signing anything until you have had advice from either National Debtline and/or CAB.
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# 4
indebt123
Old 05-12-2012, 9:58 AM
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I have already asked and received a copy of my CCA a couple of years ago and fully accept the debt.

I am so worried, I have drafted a letter together asking why my offer of 10.00 a couple of months ago and hasn't been acknowledged and asking them to consider this before any further action.

Tried CCCS this morning but lady wasn't particularly helpful tbh.

Any other ideas?
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# 5
davek1
Old 05-12-2012, 1:54 PM
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I got caught up with this mob and they did exactly the same to me. I did agree to a voluntary charge as the debt is small and even if I defaulted no court was ever going to evict us based on the level of debt and the payments being made. This happened to me about 7 years ago. I have continued to make payments and they never bother me at all.
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# 6
indebt123
Old 17-12-2012, 1:49 PM
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Bit of an update and more help please!!

Things have escalated with TBI now to the fact where I am really scared.

At their request, I have sent them a completed I&E form showing my increased repayment to 10.00.

They are picking at my I&E form and asking for written proof from our mortage company, (whom they have addressed wrong btw in their letter,) showing our payments. Our payments are increasing from January as we are going onto a fixed rate mortgage but they are seeing what we have been paying. If the mortgage co are to put this in writing, they will charge me for the prvillage, money I can ill afford as it is. I also completed the I&E form as a joint one with my DH. TBI will not take into account the car finance as it is in joint names but as my dh is the first holder, they claim its in his name only? They are claiming I have a lot more disposable income than I state. I so wish it was the case but it sure isn't.

TBI are also stating I have taken out additional credit in the last 3 years and will prove it in court, which apparently will look favourably at their charging order request. I am not sure where they have this info from but it is incorrect.

I feel I cannot give them what they want and don't know where to turn. CCCS have advised I can only pay what I can afford but this company are not seeing this atall.

Please advise.
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# 7
indebt123
Old 17-12-2012, 10:18 PM
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anyone to advise??
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# 8
FireWyrm
Old 18-12-2012, 8:50 AM
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CCCS are absolutely correct. You can only pay what you can afford.

Write back to this company and tell them that you are paying exactly that. You will not sign any other agreement and you will in fact meet them in court. I doubt very much they would even try, but if they do, you can represent yourself in front of a judge since you will receive papers in the post far in advance of that. If they do manage to get a sneaky CCJ, you can always apply to have it set aside after the fact.

They're bluffing and trying to frighten you. Also, you are not obliged to supply any more information on your personal finances than you have in the I&E, so dont be intimidated into sending the mortgage information. That is confidential and you can add in your letter that you will produce the information as requested by a judge and no one else.

Anyway, how old is this debt?
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# 9
indebt123
Old 18-12-2012, 2:01 PM
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Hi, the debt is about 12 years old. They didn't chase for 3 years 2006-2009 and then when they did, its been very scarce and they were happy with my token payments of 5 per month.
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# 10
FireWyrm
Old 18-12-2012, 2:12 PM
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12 years! How much have you paid then? Was interest added? If so, then that is absolutely ridiculous and frankly morally unfair. They can try to take you to court, but I think you could potentially put up and argument to have it written off.

Also, if the debt was 12 years old and they didnt chase you until 2006, that means that it must have been statute barred in the first place.
Debt free by Aug 15 or bust. Outstanding debt 11,397 9550
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# 11
indebt123
Old 18-12-2012, 2:51 PM
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Interest and other charges added has more than double what I originally borrowed.

There have been times where due to circumstances, I have been able to pay very little, but nevertheless, I have always made monthly payments which I assume would be seen favourably, to all my creditiors. I am not avoiding the debt, and at times, as with all my creditiors, I have made additional as and when payments. I have paid about 1200.00 to this co.

The debt has always been chased but in 2006 and they threatened to take me to court etc, but then I never heard a word for 3 years.

During this time, I still made payments but since the Summer, they have really upped their requests..
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# 12
FireWyrm
Old 18-12-2012, 2:55 PM
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Well, from a moral standpoint, you have long since paid them off. They cant just keep chasing you for years until you die, that's ridiculous.

Its up to you, but after so long and so many payments, I would simply stop paying them and let them take me to court. When in court, I would tell them what you have told us. Its just obscene to be honest, I cant believe they think they can just keep up with this forever.
Debt free by Aug 15 or bust. Outstanding debt 11,397 9550
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# 13
indebt123
Old 18-12-2012, 3:45 PM
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see its gona take us years with all our creditors, not just tbi, to clear our debts.

bankcruptcy is not an option and we have a good honest set up with most of pur creditors.

i am very fearful if it went to court that this would be the expected route to take.

but when does the point come when enoughs enough as it were. it will take forever for us to pay everything off.
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# 14
stellagypsy
Old 18-12-2012, 7:16 PM
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Hi - I was in a similar situation with HFC/TBI a few years ago. Was paying 20 pm, they wanted more, I offered 40 but it wasn't good enough so they went for a CCJ and were demanding a higher amount and a charging order on our house plus interest on the debt at 8% (as it was then).

I made my case in front of the Judge - incomings, outgoings and debt repayments - and can truly say that he was very considerate of my circumstances. He could see that the 20 I was paying was really all I could afford and chided TBI for refusing the 40 I offered. He then made the order for the original 20 pm. He threw out their charging order and the request for 8% interest.

Stick to your guns. If they don't like it, let them go for it. So long as you can pay it off by the time you retire (which is what the Judge said to me) it will be over and done with and they cannot come back at you again (so long as you keep up the payments).

Hope this helps and I wish you luck.

Stella xx
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