Admitted amounts on CCJ claim but now seems amounts wrong

dulede

Hi,

I have for several years been under the cosh financially and have several CCJs which have since had charging orders applied.

Two of these are both on charging orders for just under £7500 each. These are handled by Restons Solicitors for HFC Bank. Now I have spoken to both Restons and HFC no end of times but a general query to HFC today led to the advisor stating that the above debts are showing on their system for just over £5000 each. He admitted there could be reasons for this he is unaware of to cause such a discrepancy.

I have been on the sick for mental illness including major episodes of depression and with one thing and another I have no access to either the original loan agreements or the CCJs that were done through Restons. I know I am going to have to discuss with HFC litigation as they are still the company directing Restons.

My query is does anyone consider this to be odd, or could there be things such as interest or charges in place as far as Restons are concerned. Thing is, if so, why wouldn't HFC be aware of this on what are still classed as their own accounts. All I know for sure is that I may potentially have agreed via court ccj claim pack in 2007 to pay coming close to £4500 more on these two accounts than HFC are aware of. Restons were shut today hence the call for advice from you good people out there.

Many thanks,
dulede

di3004

Bumping this up for you hun, will check on this again later on as well.;)

di3004

Just a thought and suggestion, have you tried requesting a Subject Access Request (SAR) from them for your information, they should supply everything they hold on you, going back approx 5/6 years.
They have 40 days to comply on this request.

For details and a template if you have not done this and want to do this, here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553

Hopefully someone with knowledge of these actual matters will post up soon as well hun, fingers crossed and good luck.;)

blind-as-a-bat_2

Have you still got the county court claims?

If so the amount claimed would be on the left, the charges added for court costs etc will be on the right.

Now, before issuing a CCJ, you should have got a default notice, in the correct form as defined by the consumer credit act, and relevant legislation, and that should state the same figure as the court papers, a court may allow some leeway here for interest, but £2.5k sounds like it is stretching it a bit:rolleyes:

The bottom line is if the amount on the court papers is wrong, any judgement is also wrong and good grounds for a set aside, but without seeing the paper work it’s hard to assess, and I am by no means an expert, I have done it once, and won, by the skin of my teeth, I know the theory, but also know that does not always apply in practice.

You certainly need to go back over the paperwork, if you have not got it then an SAR will help, as the previous poster stated, if you cannot get the figures to match, then the CCJ is unsound IMO

dulede

thanks for replies.

CCJs claim forms I've found show huge collection charges - for what were in effect a few phone calls and letters. I have spoken to consumer legal advice and advised I was going through a very bad patch at the time of admission and would signed my life away so have been advised to see if can get looked at again. It may be that their collection charges will be seen as sound but they just seem so large in comparison to the loans themselves. It seems to me that the harder it is for someone to clear debt then at that point help and not penalties should be forthcoming. If my life was as it was 5 years ago the payments would have been fine - but life changes and often detrimentally .

I'm looking at paying £85 per CCJ to see what can be done. All I know is that HFC have balances which are £2100 and £1800 lower than their solicitors - Restons - balances. I may also see if can arrange something in future with HFC direct to clear balance. Although this only makes a difference if I come into some money.

Otherwise, each of the accounts have terms of 505 and 370 months left in order for me to pay. I'll be an old man or dead by then.

Thanks for your input.
dulede

MrsTinks

Usually by the time it's gone to a CCJ they will have added a lot of charges and charges on charges IYSWIM... £2500 - yes it's possible... However if that IS the case then I would say that it would certainly be worth arguing that the charges were unfair but you will need a complete breakdown of your accounts to see how much were late charges etc. Then have a look at Martins reclaiming guide and you could then either speak to them and see if they would agree to removed the equivalent amount from the debt OR you could reclaim it (as a hardship case) through the usual path

dulede

Hi Mrs Tine

Interesting that. No idea how these companies get away with what they do. I myself believe that in a few years there'll be hell to pay for all the charges levied that will at a later date than now be seen as ridiculous. Similar to a letter from a bank charged at £30 but real cost only about £3. Still got to think in todays terms. I will find out what I can but its all smoke and mirrors with such companies.

As an aside though I went through a CCJ with Natwest at same time and value was around £15200 at time. Now I've paid about £800 off this since then according to their figures. Now they've come after my wife for exact same debts but have still put the figure through at £15200. Have spoken to them since this and they've sent new court claim forms with updated figure of approx £14300. This would have been an additional £800 in their pockets - albeit eventually - but shows you can't be too careful. Believe me in the past I would have missed that completely.

I would love to be able to get remortgaged to pay this lot off but as on sick for nearly 3 years would either have no chance at all or have back breaking rates. At least with CCJ and charging orders interest is no longer a factor.

Thanks again,
dulede