Some advice please

SeN10eL

I am hopeing one of you guys could help me shed some light on an issue i am facing.

I have a debt with HSBC totaling 19k. This debt was inicially two debts, one being a personal loan and the other a company account debt. Both were consolidated into one personal loan back in 1999 by HSBC.
A little over a year ago i was contacted by IND Ltd stating they wanted full payment or court action would ensue. after replying to there letter by phone and offering them a monthly payment (which they refused) i recieved county court paperwork and ended up with a CCJ for 5k which i have been paying at the rate of £350 a month.
I called IND a month ago to ask when the last payment was due and was informed that it would be wise for me to voluntarely continue to pay £350 a month as they will be chasing me for the rest of the 19k debt and if i didnt continue to pay they would again chase me in court and also add years of interest to the debt.

Now I like a fool assumed that the CCJ for 5k was a total figure that HSBC had settled for and not the full 19k.

My questions are:

1. Can they do this.
2. If they can do this then surly as i have not been contacted by HSBC since 11 june 2003, would this componant of this debt not be covered by statute barred.
3. If none of the above is applicable then is it worth fighting them and if so on what grounds.

We have been loyaly repaying our debts for the past 5 years or so and now the proverbial light appears at the end of the tunnel and this happens.
Please... any advice would be helpfull. I know this is quite a complicated set of circumstances and i am trying to piece together the paperwork but if you need any more details i will gladly supply them.

Thank you

Andy

GeorgeUK

I have only read about something similar once here - it seems to have been a partial order (no idea what the legal jargon was). It may be worth contacting the court to see exact what was agreed and what was awarded. I would also contact nationaldebtline to talk over what may have happened.

I would also have a look at requesting a copy of the CCA. As the agreement was made in 1999, it must have certain terms to be enforcable. You may need to do a subject access request to get a copy of the original document, but you may be able to defent the remainder of the loan and possibly claim back any charges made in the last 6 years.

This should give you and an idea of what i mean.
Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

SeN10eL

After some digging through tones of paperwork it looks like the bank basicaly has an account with my debts in it and this is what i am paying off.

My question is if this is the case then as i have not signed anything is it enforcable?

Should i request the CCA from IND Limited or HSBC?

Thank you for your reply by the way.

Best Regards

Andy