Phoenix taking over HFC court case

moneylessbella

I have just spent 30 mins typing for the thread not to be accepted so I will try and enter the case in 5 min bursts

My wife has an account with Marbles (HFC) which in Jan 2006 was 6 days late in paying at which point HFC defaulted the account. In Apr 2006 we had a tax refund which we used as a pro rata payment to 11 credit cards. With the help of Perennial we managed to secure an informal repayment plan with all 11 creditors starting on 1 Jul 2006. We have made regular monthly payments on time up to the present date. In Sept 2007 Weightman solicitors issued proceedings on behalf of HFC to secure the debt against the house alleging that we had missed 2 payments and did not have an agreement in place. We finally get to court on 2nd Feb 2009

Next urgent installment lower down

penrhyn

Try typing up your post in notepad then cut and paste it into the forum.

moneylessbella

penrhyn

I will try that . just spent another 15mins typing only to have the thread rejected as the system says I have not signed in

Just sorted out I have to convert apple to word document before it can be read.

MothballsWallet

Try ticking "Remember Me" when you next log in, otherwise the system will automatically log you out periodically.

moneylessbella

The continuing saga

On 14th July 2008 we received a general form of judgement from the court It is ordered that Phoenix Recoveries (UK) Limited be substituted for HFC Bank Limited in these proceedings. Costs of this application reserved.
This order has been made without a hearing under CPR23. You may apply to have this order set aside or varied within 7 days of service of this order under rule 10 of the CPR part 23.
Attached to the application notice was a notice of assignment stating that the Assignee was Phoenix Recoveries (UK) Limited s.a.r.l the Assignor HFC Bank Ltd, Assignment date 20th May 2008. The letter was received from Weightman solicitors the same solicitors who had previously been dealing with the case for HFC bank.
We made an order to set the judgement aside but the judge said it was standard practice for banks to assign debt therefore we had no case. Costs of £620.25 were awarded to Phoenix. We have not paid the £620.25 however we have offsett our document cost for the trial bundle which Phoenix requested for the court case on the 2nd Feb 2009. The amount came to £773.75 so technically Phoenix still owe us £153.50. Weightmans have issued recovery proceedings for the £620.25 which will be heard this Friday and in todays post they have sent a statement of costs for the hearing on Friday for £2237.00.

Any help would be appreciated.

moneylessbella

Any help please with the difference between Phoenix Recoveries(UK) Limited S.A.R.L and Phoenix Recoveries (UK) Limited The former is not registered at Companies House but the latter has been incorporated on 24th November 2008.
Two judgements made against me by the latter on 14th July 2008 and 16th Sept 2008 prior to it being incorporated is that legal.

moneylessbella

moneylessbella wrote: »

Any help please with the difference between Phoenix Recoveries(UK) Limited S.A.R.L and Phoenix Recoveries (UK) Limited The former is not registered at Companies House but the latter has been incorporated on 24th November 2008.
Two judgements made against me by the latter on 14th July 2008 and 16th Sept 2008 prior to it being incorporated is that legal.

Judge very concerned about the above 2 companies and threw out the court case pending on 2nd Feb. Can anyone recommend a good barrister to finally put a nail in the above 2 companies coffin probably expert in Consumer debt and Company Registration and trading.