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Charging Order, Dispute

Hi, this is may be a bit long winded as it's been going on forever, will try and keep it shorty but could do with some advice.
I have a debt that is now in the hands of HFO services/ Turnbull Rutheford. Nasty gits! My debt was passed to them in June 2007 for £3900 appox, by september 2007 it was £5100 approx. Since then we have been in dispute and very little payment has been made. I stopped taking their calls as they were so abusive. Got my act together again this year and have tried on several occassions to get to the bottom of the increased debt. We requested the they freeze the interest, obviously they didnt and now the debt is £5900. They went for CCJ, sent paper work back, Northants never got it so they went for a charging order. I now have a variation order but at my hearing last week the judge said it wasnt the place to dispute the figure, and finalised it. But he did say that I could dispute it and therefore it could be removed. I dont dispute the fact I owe them but that is a ridiculous increase. 58%
I have acsked for statements to show the increases but they have only given it from April this year.
I tried to explain to the judge that they wouldnt respond and give me the info I need but he really wasnt interested in anything I had to say.
Do I need to just do the N244 or do I need to do something else first? Do I stand any chance at all?
Please help I just dont want to waste £75.
Thanks

Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    I'm really not sure about N244's and charging orders - hopefully someone else will be able to assist with this.

    What i would advise sending though is a subject access request (cost £10). With this they are required to provide a copy of all information they hold on you under the Data Protection Act. They have 40 days to comply and are legally obliged to do so. This will include all documentation and transactions so you should see where these charges have been coming from.

    http://forums.moneysavingexpert.com/showthread.html?t=963087&page=2
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • Hi, thanks for that George. I will definatley send that and am going to book an appointment with CAB to see if they can help.
    I know that with the charging order you actually dispute the CCJ and if that is successful then the charge is quashed.
    I just refuse to pay these people that horrendous amount of interest, £1000 in less than 4 months. Now with the charge they will get 12% per annum added on to that aswell. In 10 years time I will have what was a £4k debt at about £14K or something stupid.
    Can anyone else shed any light?
    Thanks again.
  • Sainte
    I know exactly how you are feeling. HFO and turnbull are the biggest crooks in the game. I have had them in knots for nearly a year now.

    Have you looked at http://www.consumeractiongroup.co.uk this site is worth its weight in gold.
    the case to look for is by a member called Rosie she took them to court and won.

    Really hope things work out for you
  • fatbelly
    fatbelly Posts: 23,717 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Yes, you set aside on an N244 as explained here

    If they are adding interest post-judgement at 12% then this is contractural interest, which can only be applied in limited circumstances and can be stopped by a Time Order (IIRC the House of Lords only decided that it was fair to allow interest after judgement because there was a 'legal remedy').

    Another factsheet here

    It might be worth having a chat with National Debtline as I suspect that they have more experience of this sort of thing than the other fee-free organisations.

    Good luck!
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