Help Please - What are my options

SeN10eL

Hi
I have a a debt that i am paying of via a CCJ which has come to its last payment next month. I have been through the court paperwork and i would like someones opinion on what to do next.

This is what it says it says on the "Particulars of Claim"

"The claimant claims for sums due under a/various credit agreement(s) entered into between HSBC plc and the Defendant. The rights of HSBC plc passed to the Claimant pursuant to an assignment dated 22/12/06 between HSBC and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with the term of Agreement(s) and or the statutory Notice of Default served by HSBC plc. And the Claimant Claims: Current Account 400***/314***** balance of 3,655.41 being part palance of 19,056.28 as of 24/7/03. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) to 25/2/08 of 1,343,59 and also interest at the same rate up to the date of judgementor earlier payment at a daily rate of 0.80 AND Costs."

Ive paid off £5138.78 as of the 3rd of next month settling the CCJ. I know IND will now chase me for the remainder of the debt. when i phoned them to ask how many payments i had left to pay they suggested i continued to pay voluntary payments or they would be forced to take me back to court and apply the interest on the remainder of the debt.
Is there anythng i can do about this. would it pay to get a solicitor involved?

Any help or advice would be much appreciated.
I have posted previously about this but not with so much detail and i did get a reply from a helpfull soul whom i thanked but please i have read hundreds of posts here and other forums but have not found a case similar to this.
This is very difficult for me as this debt is the last in a very long line to be payed off. My wife and I have struggled with debts the best we could for the past 7 years and god has it been bad sometimes to the point where many times we have fed the kids and not ourselves because we have been so broke. we have in total payed nearly £32k in debts, mostly left by my wife's ex who dissapered of the face of the earth every time a DC letter came his way... anyway. I digress. We now have both got good jobs that pay us enough to live, but not to the point where we have any luxuries.
I read so many posts where someone has won and not had to pay back a debt i just wish i could be that person, the difference it would make to our quality of life not to have £350 go out every month to those money sucking vampires IND.

Apologies for the personal slant on this post but its 5:14 in the morning and because of money worries ive spent yet another night sleepless and i have to be at work at 7:30 looking like death warmed up... and you know what.. I have no one else to talk to about stuff like this. always protecting the kids and familiy from it.

Im just so boody tired of this.... if it wasnt for the kids i would have been a statistic along time ago..

Anyway... heres to hoping.

Kind regards
Andy

ladybez

Firstly, well done for posting and coming so far. It is to your credit that you are not a "Statistic". I'm sorry I cannot answer your query, but didn't want to "read and run" shortly the clever people on here will be aroung and able to help you. In the meantime keep your chin up. Hugs

GeorgeUK

Hi again Sen10el.

Have you claimed back charges or missold PPI?

Do you know what type of accounts they may try to get your to repay? If it is just the current account, you can't request a CCA for this, but if there is a loan, then you should be able to request a copy of the customer credit agreement (CCA - cost £1). I would advise writing to the bank with a subject access request (SAR - cost £10) if you haven't already done so. Request a copy of all the data they hold on you, not for just an individual account, but for all accounts and transactions.

Although your case seems to be quite complex from what you have posted previously, this may enable us to break it down into smaller sections that we can actually get answers to.

After you make the last payment make sure you get a certificate of satisfaction. If the bank doesn't notify the court, you should. Make sure you get some form of receipt or letter stating that the CCJ has been paid in full.

SeN10eL

Thank you for your kind reply ladybez i feel a little embarressed after reading what i wrote
I was tired and pretty low. I'm normaly a little stronger than that.
Kind Regards
Andy

ladybez wrote: »

Firstly, well done for posting and coming so far. It is to your credit that you are not a "Statistic". I'm sorry I cannot answer your query, but didn't want to "read and run" shortly the clever people on here will be aroung and able to help you. In the meantime keep your chin up. Hugs

SeN10eL

Hi George

The debt was made up of a personal loan (the componant i have just paid off) and a debt from a company account that was moved into my personal current account to pay off.

I have canceled the direct debit for the IND payment and today, been out and got a postal order to send off the remaining payment with a request for a reciept of payment for this part of the paid off debt.

I will apply tomorrow for a SAR from HSBC. I will look online to see if there are any template letters i can use as i assume there is a correct format for this request.

Thank you for you reply George

Kind regards

Andy

GeorgeUK wrote: »

Hi again Sen10el.

Have you claimed back charges or missold PPI?

Do you know what type of accounts they may try to get your to repay? If it is just the current account, you can't request a CCA for this, but if there is a loan, then you should be able to request a copy of the customer credit agreement (CCA - cost £1). I would advise writing to the bank with a subject access request (SAR - cost £10) if you haven't already done so. Request a copy of all the data they hold on you, not for just an individual account, but for all accounts and transactions.

Although your case seems to be quite complex from what you have posted previously, this may enable us to break it down into smaller sections that we can actually get answers to.

After you make the last payment make sure you get a certificate of satisfaction. If the bank doesn't notify the court, you should. Make sure you get some form of receipt or letter stating that the CCJ has been paid in full.

Thrifty_Pixie

I'm afraid I'm a newbie here myself and don't know an awful lot about CCJ's, but I couldn't read your heartfelt post and not comment. Having no one to talk to or turn to can be the worst part, and feeling that you have to shoulder the burden all yourself.

Over the past two weeks I have discovered that there are a lot of very knowledgeable and supportive people here in MSE Land and I hope you find the help that you need and stick around a while.

You'd be surprised - once you start budgeting and saving and paying things off little by little (and playing the money-grabbing g*ts at their own game) it can become quite addictive. As addictive as spending the money in the first place, anyway :rolleyes:

So I hope some good people here can help you out. Hang in there, and chin up - you've already taken the hardest steps

tallyhoh

Would the 2nd debt become statute barred if they have not taken any action on it in the last 6 years?

I really dont know but someone will answer that soon I hope.

SeN10eL

Hi Tallyhoh

I was thinking the same about statute barred but as it mentions the whole debt in the court paperwork and i have paid the first part off I would assume that i have admited responsibility for it by paying the debt and thus own the entire debt.

I should have pulled that one last year when i first was contacted by IND but then i didnt know such thing existed. I suppose I could try it maybe.

What does anyone think?

Thank you
Andy

tallyhoh wrote: »

Would the 2nd debt become statute barred if they have not taken any action on it in the last 6 years?

I really dont know but someone will answer that soon I hope.

SeN10eL

Hi Pixie

Reading through other peoples posts and just knowing other people are fighting the same fight has done wonder's for my situation, Even though i know that I'm probably going to end up paying this for years It's given me my drive back.

On the bugeting front i know about every penny coming in and every penny going out. I have a spreadsheet that i update on a weekly basis showing everything. Its one of the first things i did and if anyone reading this who is on the first step's of managing debt's this is a must. Its the key to all of it, when the unexpected expense happens, usually child / school shoes related, you can plainly see how long they will be trying to start the "wearing mum's green wellies" fashon before you can buy them more =O) ... anyways.... im sure you get the picture.

You have no idea how much I appreciate everyones kind comments and help. I just wish i had been here sooner.

From my heart i thank you

Andy

Thrifty_Pixie wrote: »

I'm afraid I'm a newbie here myself and don't know an awful lot about CCJ's, but I couldn't read your heartfelt post and not comment. Having no one to talk to or turn to can be the worst part, and feeling that you have to shoulder the burden all yourself.

Over the past two weeks I have discovered that there are a lot of very knowledgeable and supportive people here in MSE Land and I hope you find the help that you need and stick around a while.

You'd be surprised - once you start budgeting and saving and paying things off little by little (and playing the money-grabbing g*ts at their own game) it can become quite addictive. As addictive as spending the money in the first place, anyway :rolleyes:

So I hope some good people here can help you out. Hang in there, and chin up - you've already taken the hardest steps

misspoppy

Hi

Have you tried calling the national debt help line or the business debtline, I wonder if it was acceptable that they transfered a business debt to a personal account.

Good luck

SeN10eL

Thanks for your reply

I have been on the phone to NDHL and whilst talking to them i notices in the "particulars of claim" area pn the court documents it states and i quote "The claimant claims for sums due under a/various credit agreement(s) entered into between HSBC plc and the Defendant." does this mean there is a credit aggreement between me and HSBC beacuse i vaguely remember talking to the bank manager about this at the time and i think it could have been arranged as some kind of loan!

Shall i request the CCA from IND???

Andy

misspoppy wrote: »

Hi

Have you tried calling the national debt help line or the business debtline, I wonder if it was acceptable that they transfered a business debt to a personal account.

Good luck