HFC bank charging order ..... HELP!!!

sparklygem

Hi

Its been a year or so since I posted on these boards but I need some help and advice regarding the above!

I received a letter dated 4th Sept saying that I would be served with a Default Notice in accordance with Section 87(1) of the Consumer Credit Act 1974 if I did not respond to the letter. Hence I rang on 8th Sept to be told I had not kept to my agreement (I owe over £5k and have been making regular payments of £24.86 as agreed by the CAB) The woman said it was because they didnt have a new financial statement from me. Now on no occasion when I spoke with them previously did they request this nor did they write and request this. (my situation is the same as when I set up the arrangement if not worse as I am working as a supply teacher now rather than in a permanent job but I have still maintained all payments)

Today I recieved another letter saying it was the default notice and I had ro pay the total amount outstanding by 1st Oct to avoid further action / enforcement of the notice. Hence I phoned and was told that a charging order was being put against my property and was I remortgaging soon.

I was really shocked as I have read about this on here before but what do I do now. The guy gave me the number of their litigations department who could tell me more. He said if I submitted a new financial statemnt they may be able to help me. Now I know I should have done it by now but I had a bereavement over the summer and finding it difficult to deal with anything like this. I asked the guy about interest and he said there wasnt any so I dont think he knows what he's talking about as Im sure there is interest applied on a charging order. He said it runs for 25 years and if I sell my house they can take their money ....... well if I was selling my house I would pay off my debts anyway but I wouldnt then be in a position to buy somewhere else as I wouldnt get another mortgage even though I would have a good deposit.

gerturdeanna

I'm sure they have to get a CCJ against you first before they can apply for a charging order. If it goes that far, you can write to the judge stating your reasons why a charging order is feasible ie Jointly owned property but debt only in your name etc etc. As you have said you are dealing with the CAB for your debts, I would be inclined to pass the letters onto them, phone them and ask what you can do.

gte0209

I used to work for HFC collections, the letter you had is a standard '6 monthly review' letter, and because you ignored it, the 2nd letters standard text quotes 'default notice section blah, blah, blah'
On receipt of CAB offer HFC will have cancelled future interest, but you still have to keep to the arrangement, or they will more than likely sell your debt on to recoup some of there loss. Then you could get debt collectors knocking on your door. In my experience, charging orders were a waste of time and effort.
Just send them a financial revue, and carry on paying what you can, as long as you play fair with them, they will play fair with you, honest.

sparklygem

I used to work for HFC collections, the letter you had is a standard '6 monthly review' letter, and because you ignored it, the 2nd letters standard text quotes 'default notice section blah, blah, blah'

I didnt ignore the first letter I phoned to discuss and said I would submit a financial review ...... but havent done so due to just keeping on top of things like getting to work etc. And as I said to the woman why didnt the letter just say in plain English that was the problem that I hadnt submitted an updated finanacial statement. She kept telling me ,,,,,, very rudely ,,,,,,, thats what it meant BUT that was NOT made clear.

I phoned the litigations department today and spoke to a lovely lady who told me my account hadnt even gone to litigation and they were happy with the amount I have been paying regularly but it was standard procedure as some people ignore their debts. However I have been charged £50 for the subsequent default notice. I asked her why I was told about a charging order last night as I have even got a CCJ let alone one I have defaulted on ...... she said I was correct and that the guy last night had given me incorrect information and she would get on to that dept as that was a training issue.

The bottom line is I just need to get my new financial statement to them asap so doing it this weekend!

davek1

hope you asked them to remove the £50 charge due to the stress and worry you have been put through by THEIR staff providing false and misleading information?

Dave

DebtFree2015_3

Hi Sparklygem


My partner and I finally faced our escalating debt problems last year and have been in a Debt Management Plan administered by PayPlan (a non fee charging debt advice/management Company who I would really recommend) since January this year. One of the debts is my John Lewis account which is run by HFC. It stared life with a credit limit of £2.5k, which they just kept increasing until it hit £8.3k. When it was all set up they were really good to me about it all and I was informed that if I paid 35% of the minimum payment then no further action would be taken. I paid £86 per month of a £245 minimum. Imagine my surprise when 8 months later I receive a letter from HFC’s solicitors saying my offer of payment was unacceptable and I should make a serious offer of repayment!!! Payplan jigged my payments about and offered £110 per month. It was then decided by a judge in a court over 100 miles from my home that I should pay them £200 per month as my offer was still no good!!

I now have to attend a court hearing on a “Interim Charging Order” which was granted to HFC on my not fully paying the CCJ of £200 per month. They have written to all of our other creditors (Except for my parents who have been incorporated into the plan but ignored by HFC) I feel like a naughty little child, debt problems are stressful enough, and just when you think it is going well they put more stress on you. With court costs and interest granted, I now have to pay over £10k back to them, actually what I am also very upset about is that if they are successful the whole plan would be unfair on our other creditors who have accepted the deal without so much as a murmur.

We currently owe over £74k in unsecured debt, we are adamant we will pay this all off within the next 6 years if possible, we are currently predicted to be debt free in 2015 but we would like to aim for 2012/13!!!

I will post what happens to me and HFC after 23rd October in the hope it will help you or someone else in this situation.

Good luck with your HFC issues and please post what happens.

Here’s to Debt Free *HURRAH*