H.F.O Help!!

lotty41

Hi all, some of you may remember me from around 2yrs ago when H.F.O took me to court, tried to get a charging order and failed, was told to just carry on payment 9.75pm off a debt of £3100. H.F.O keep sending me letter saying that I have missed a payment, which I haven't, payments made by standing order, statements to prove it. They tried to say that in court also, but obviously the judge saw my statements and gave them a good telling off. Any how, I received a phone call last week at 6.30pm, same again, saying I missed a payment, then they asked me for my bank account number and sort code!!! Thought that was rather amusing, of course I didnt give it to them. I told them that about 18month ago I requested a copy of my CCA, used the letter advised on here, sent it recorded with £1 postal order. (When they took me to court 2yrs ago, they told the judge they had requested it from Citi Card but had not received it!) Also I asked for statements showing my payments to them of £9.75 which I have been paying for 4 years now.
Today I received this letter from them saying that the missed payment was an error on their part, no statements, and said again they have requesed a copy of my CCA from Citicard, again!! This was the breakdown in the letter:-

Principle sum assigned 3197.08
12% contractual interest to date of settlement
(03/10/2008) 917.61

total 4114.69
less payments made by you 561.50

amount owing 3553.10.

This debt is obviously going to get bigger and bigger!!! I was thinking of stopping payments and letting them take me to court or would that be a mistake.

Please advise
Lotty

lotty41

So sorry, those figures came out all over the place!!

lotty41

Also the interest was frozen by original creditors (Citicard)

Tixy

They already have a CCJ in place I presume?
Is £9.75 what you were ordered to pay by the court?

Could you afford to up the monthly payment?

Why did the charging order fail last time? Do you still own your property?

Did the CCJ allow them to continue to add contractual interest? they can only add it in certain circumstances - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment and have they complied with all the notices etc regarding it.

lotty41

No CCJ, the 9.95 was the amount Citicard agreed on. I do own my own property. In court the Judge just said to continue with payment, and told HFO that they were wasting court time because they said I had missed serveral payments but was clear that I hadnt.

Tixy

If you have no CCJ then I would consider ceasing payment until they provide you with a CCA.

You might want to look at the flowchart and templates here https://forums.moneysavingexpert.com/discussion/2305463 to send them a letter - probably either the CCA reminder or the CCA dispute.

dancingfairy

I agree with Tixy - it might just persuade them to go to some agreement with you and for them to stop interest. How can they collct a debt and charge interest if they can't find prove you signed up to anything?
df

lotty41

Thank you for your replies, will have have read up tom, probably didnt post a the right time, need to go to work now, thanks again.